Why should I make a will?
Making
a will is the only way to ensure that your personal wishes are
accurately dealt with after your death, thus providing you
with complete peace of mind.
In
England and Wales, unlike Scotland and many other countries,
there is no compulsory share to which a member of your family
is entitled on your death. You are therefore completely free
as to how you dispose of your estate subject only to the
statutory rights which a former spouse, a surviving spouse,
children and certain other persons who might have if they were
dependent on you. Otherwise, the Courts generally have no
power to interfere with any of the dispositions in your will
unless they are called upon to resolve a problem of
construction or interpretation.
It
is very important for everyone to make a will, since it is the
only means by which you can dispose of your property on your
death in accordance with your wishes. In addition, a will
enables you to give directions as to the guardianship of your
children and your funeral arrangements. Also, depending on the
wording of your will, and your personal circumstances, you
will be able to take advantage of the various inheritance tax
exemptions and reliefs which are available.
Finally,
by making a will you can avoid dying intestate. If you die not
having made a will then you die intestate which would mean
that the application of statute law
would govern the disposition of your property. This
would inevitably be more costly, complicated and would not necessarily
deal with your affairs as you would personally wish.
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