A recent survey carried out by Will Aid revealed the top three reasons people do not have a Will. Will Aid is a partnership between the legal profession and seven of the UKs best loved charities. The annual Will Aid campaign raises thousands of pounds every year.

Will Aid Survey

Will Aid commissioned the survey involving around 2,200 people across the UK. Shockingly, it found that 56% of those surveyed did not have a Will. It also found a further 11% said their Will as out of date!  

The survey also asked people about the reasons they do not have a Will. Before looking at the reasons people do not have a Will, let's consider what happens if you die intestate.

Understanding Intestacy

What is Intestacy?

Intestacy occurs when a person dies without leaving a valid will. In such cases, the estate is distributed according to the rules of intestacy, which are statutory and were updated in 2016. The rules of intestacy dictate how the estate is divided in a fixed order, with the surviving spouse or civil partner typically being the first in line to inherit. However, the rules can be complex, and the distribution of the estate may not always align with the deceased person’s wishes.

When a person dies intestate, the law steps in to determine who gets what. The rules of intestacy prioritise the surviving spouse or civil partner, ensuring they receive a significant portion of the estate. However, without a valid will, the deceased’s specific wishes and intentions may not be honoured, potentially leading to disputes among family members. It’s crucial to understand that intestacy rules are rigid and may not reflect modern family dynamics or personal relationships.

Five key reasons why people do not have a Will

People always have reasons (or excuses?) for doing or not doing something. That means it is important to understand why people would not do something that would help their loved ones after they’ve died. Digging into the Will Aid data we discovered five key reasons why people do not have a Will.

I don’t have anything worth leaving

The survey found that 27% of people did not believe they had anything worth leaving.  Without a Will, the entire estate may be distributed according to intestacy laws, which might not align with your wishes. If you own your own house, you certainly have something worth leaving. If you have an insurance policy that pays out on your death, you certainly have something worth leaving. 

I don’t have the time to make a Will

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I feel uncomfortable talking about death

Some people simply do not like talking about death. This reason was cited by 16% of those surveyed. Whether it’s superstition or thoughts that by making a Will might bring on their death, there is no logical reason for putting making your Will. One of the certainties of this life is that none of us are going to live forever. 

I think the process is too complicated

Making a Will is simple and straightforward. To those 16% who cited this reason, we would recommend speaking to a solicitor to find out just how straightforward making a Will is. 

Who Can Inherit Without a Will?

Spouses and Civil Partners

A spouse or civil partner can inherit under the rules of intestacy, but only if they are actually married or in a civil partnership at the time of death. If the deceased person was divorced or if their civil partnership had been dissolved, their former spouse or partner cannot inherit under the rules of intestacy. However, partners who separate informally can still inherit under the rules of intestacy. The surviving spouse or civil partner will typically inherit the house, the contents and furniture in the house and a cash sum - if there are no children, £89,000 and where there are children, £50,000.

It’s important to note that the rules of intestacy do not recognise unmarried partners, no matter how long they have lived together. This means that if you are in a long-term relationship but not married or in a civil partnership, your partner will not automatically inherit anything from your estate. To ensure your partner is provided for, it is essential to make a Will. Additionally, the rules of intestacy can lead to unexpected outcomes, such as estranged family members inheriting a portion of the estate, which can be avoided with proper estate planning.

Common Misconceptions

Single People and No Children

Many people believe that if they are single and have no children, they do not need to make a Will. However, this is a common misconception. If a person dies intestate without a Will, their estate will be distributed according to the rules of intestacy, which may not align with their wishes. For example, if a single person dies without a Will, their estate may pass to their parents or siblings, rather than to friends or charities that they may have wanted to benefit. Additionally, if a person dies intestate without a Will, their estate may be subject to inheritance tax, which could be avoided with proper estate planning.

Even if you are single and have no children, making a Will is crucial to ensure your estate is distributed according to your wishes. Without a Will, the rules of intestacy will determine the beneficiaries, which might not include the people or organisations you care about most. Furthermore, a Will allows you to appoint executors who will manage your estate and ensure your wishes are carried out. Proper estate planning can also help minimise inheritance tax liabilities, preserving more of your estate for your chosen beneficiaries.

Do you really want to leave a mess after your death by dying intestate?

Whilst these reasons might seem perfectly logical to some, just think about the chaos that might ensue after your death if you don’t make a Will. If you died intestate, the Law of Succession will dictate how your estate is divided up, which might not align with your wishes. Dying intestate means your assets will be distributed according to intestacy laws, potentially causing unexpected outcomes for your relatives. The only sure way you can avoid leaving a mess is to make a Will. If you don’t want a mess, seek out your solicitor today and make your Will.

Experienced Wills Solicitors in North Berwick and Dunbar, East Lothian

Our solicitors specialise in advising clients in North Berwick and Dunbar, throughout East Lothian and across Scotland on preparing their Wills. If you do not have a Will or, if you have a Will that badly needs updated, please get in touch with us today.

If you like this article, here are some suggestions of further reading:

My spouse has died without making a Will – what are my rights?

Choosing your Executor

You have divorced since writing your Will – do you need to update it?