I haven’t made a Will …So What?

By Sarah Beresford, Marketing Manager

It is easy to put off making a Will.

You may feel too young. You may think you do not own enough. You may assume your family will sort everything out. You may simply not want to think about it.

That is understandable. Most people do not enjoy talking about death, money or what happens after they are gone. But making a Will is not about being gloomy. It is about making life easier for the people you care about.

If you die without a valid Will in England and Wales, the law decides who inherits from your estate. This is called dying intestate. The problem is that the law does not know your family, your relationships, your promises or your wishes.

A Will gives you a voice when you are no longer here to explain what you wanted.

Why does a Will matter?

A Will lets you decide who should receive your money, property, belongings and personal items after you die.

It also lets you choose who should deal with your estate. These people are called executors. They collect your assets, pay debts, deal with any tax and distribute what is left according to your wishes.

Without a Will, your family may face extra stress at an already painful time. They may not know what you wanted. They may disagree. They may have to follow rules that do not reflect your real life.

If you want clear legal support, Athi Law’s Wills and Probate team can help you prepare a Will that reflects your circumstances.

What happens if you die without a Will?

If you die without a Will, your estate is shared under the intestacy rules.

These rules set out who can inherit and in what order. They may work for some families, but they can cause unfair or unexpected results for others.

For example, if you are married or in a civil partnership and have children, your spouse or civil partner does not always receive everything. Under the current intestacy rules in England and Wales, they usually receive your personal possessions, the first £322,000 of your estate and half of anything above that. The other half is shared between your children.

If you are not married or in a civil partnership, your partner does not automatically inherit under the intestacy rules. This can apply even if you have lived together for many years or share children.

That can be a serious shock for families who assumed “common law marriage” gave them legal protection. In England and Wales, it does not.

What if you have children?

If you have children under 18, a Will is one of the most important documents you can make.

You can use your Will to appoint guardians. These are the people you would want to look after your children if both parents died while they were still under 18.

Without this, the decision may be left to others. Family members may disagree about what is best. Even where everyone means well, grief and pressure can make things more difficult.

A Will can also say how money should be held for your children until they are old enough to receive it. This can help protect their inheritance and make sure it is managed responsibly.

If children’s arrangements are already sensitive, Athi Law’s Family Law team can support you with wider family issues. You can also speak to their Child Custody Solicitors if you need help with parental arrangements.

What if you own a property?

For many people, their home is their biggest asset.

If you own a property, your Will should be carefully prepared. You may want your partner to stay in the home. You may want your children to inherit your share. You may want to protect someone who depends on you.

The way your property is owned also matters. Joint tenants and tenants in common are treated differently when one owner dies. This can affect whether your share passes automatically or through your Will.

If you are buying, selling or changing property ownership, Athi Law’s Conveyancing team can help with the legal side of the transaction.

A properly prepared Will can sit alongside your property arrangements and reduce the risk of confusion later.

What about inheritance tax?

Inheritance tax can become an issue depending on the value of your estate.

For the 2026/27 tax year, the standard inheritance tax nil-rate band remains £325,000. This means inheritance tax is usually only charged on the value of your estate above the available threshold, subject to exemptions and reliefs.

The standard inheritance tax rate is 40% on the taxable part of the estate.

There may also be a residence nil-rate band of up to £175,000 if you leave a qualifying home to direct descendants, such as children or grandchildren. This allowance can be reduced for estates worth more than £2 million.

Married couples and civil partners may also be able to transfer unused allowances, depending on the circumstances.

This is why estate planning should not be left to guesswork. A Will cannot remove every tax issue, but it can help you plan more clearly and avoid unnecessary problems.

What if you run a business?

If you own a business, shares, commercial premises or business assets, your Will needs extra care.

You may want your family to benefit from the value of the business. You may want the business to continue. You may want a business partner to have a clear route to buying your share.

Without a Will, your business interests may pass in a way that creates practical problems for your family, employees or business partners.

Where business property is involved, Athi Law’s Commercial Conveyancing team can help with commercial property matters. If leases are involved, their Commercial Lease service may also be relevant.

What should your Will include?

Your Will should be clear and properly signed. It should also reflect your real circumstances, not just a generic template.

It can include:

• Executors who will deal with your estate

• Beneficiaries who will inherit from you

• Guardians for children under 18

• Specific gifts, such as jewellery, savings or personal belongings

• Property instructions if you own a home or land

• Trust arrangements where money needs to be protected

• Charity gifts if you want to leave something to a cause you care about

• Funeral wishes if you want to leave guidance for your family

The wording matters. A small mistake can create confusion later. That is why it is sensible to get legal advice before signing anything.

What if your relationship has changed?

Life changes, and your Will should keep up.

You should review your Will if you get married, enter a civil partnership, separate, divorce, have children, buy a property, inherit money or start a business.

Marriage can cancel an existing Will unless it was made in expectation of that marriage. Divorce can also affect how parts of a Will work. Separation does not always change things in the way people expect.

If your relationship has broken down, Athi Law’s Divorce Solicitors can help you understand the legal and financial issues that may need sorting.

It is better to update your Will than leave old arrangements in place by accident.

What about a Lasting Power of Attorney?

A Will deals with what happens after you die. A Lasting Power of Attorney deals with what happens while you are alive, if you lose the ability to make decisions for yourself.

These are different documents, but both are important.

A Power of Attorney allows people you trust to make decisions for you if you cannot make them yourself. This may include financial decisions, health decisions or both, depending on the documents you put in place.

An LPA must be registered with the Office of the Public Guardian before it can be used.

Without an LPA, your family may need to apply to the Court of Protection. This can take time and cost more than preparing in advance.

When might you need independent legal advice?

You may need independent advice if there are concerns about pressure, capacity, complex assets or family disputes.

This can also be useful where you are signing important legal documents and need to understand the effect before you agree.

Athi Law offers Independent Legal Advice to help you make informed decisions with confidence.

This is especially important where family, property or financial arrangements are not straightforward.

Is making a Will expensive?

Making a Will is usually much less expensive than dealing with problems caused by not having one.

In England and Wales, the probate application fee is currently £300 for estates worth more than £5,000. There is no probate application fee for estates worth £5,000 or less.

That fee is only one part of the process. Families may also need to deal with valuations, tax forms, property issues, debts, bank accounts and legal paperwork.

If there is a dispute, costs can rise quickly. A clear Will can reduce the chance of arguments and make things easier for the people left behind.

When should you make a Will?

The best time is before it becomes urgent.

You should consider making or reviewing a Will if:

• You have bought a home

• You have children

• You live with a partner

• You have married or entered a civil partnership

• You have separated or divorced

• You own a business

• You have savings, pensions or investments

• You want to leave gifts to specific people

• You want to support a charity

• You want to reduce stress for your family

You do not need to be wealthy to make a Will. If you have people you care about, belongings you value or wishes you want followed, a Will matters.

So, what if you still haven’t made a Will?

Do not panic. Many people delay it.

But it is worth asking yourself one simple question: would your family know exactly what you wanted?

If the answer is no, making a Will can give you peace of mind. It can also give your loved ones clear instructions at a time when they may need them most.

Athi Law is a family-run law firm with offices in Sheffield, Dronfield and West Bromwich. You can learn more about the firm on the About Us page.

Speak to Athi Law about making your Will

If you have not made a Will yet, now is a sensible time to start.

You do not have to do it alone. Athi Law can explain your options in plain English, help you think through your wishes and prepare a Will that reflects your circumstances.

To protect your family, your home and your future plans, contact Athi Law today and speak to a solicitor about making or updating your Will.