We all know people who have suffered grief and loss. It sometimes seems it only happens to other people, until it happens to us.
Despite its importance, few topics are as easy to put off as writing a Will. Many people assume it can wait. “Yes, yes, we’ll sort it all out — when we are older, wealthier, we’ll have more time then”. Yet, failing to put a Will in place can cause significant emotional and practical stress for the loved ones left behind. The whole point of a Will is to make your wishes clear. This helps take the pressure off the family who are still struggling to process their loss and are trying to get used to their new rhythm of life.
However, if someone dies without a Will, their estate is distributed according to the law, not their personal wishes.
Different part of UK – Different Rules Apply
The legal position is complex and, indeed, different laws apply depending on where the person was domiciled (where they considered their permanent home to be). In Scotland, for example, the courts decide who inherits — and in what order — under the Succession (Scotland) Act 1964. Scots law has its own unique provisions, such as “prior rights” and “legal rights”, which determine how a spouse or children share the estate. “Prior rights” are automatic rights for a spouse or registered civil partner to share in certain part of the deceased’s estate, taking precedence over “legal rights”, which are automatic rights for the spouse or registered civil partner and the deceased’s children to share the ‘moveable’ parts of the estate (i.e. not land or buildings). In England and Wales, intestacy is primarily governed by the Administration of Estates Act 1925 and the Inheritance and Trustees’ Powers Act 2014, which set out different rules for who is entitled to which parts of the estate. Other legislation applies in respect of other parts of the UK. As noted above, the legal framework around intestacy is complex and what applies will depend on the individual circumstances of each case.
Unexpected or Undesired Outcomes
Whilst these legal protections are well-intentioned, they don’t necessarily reflect an individual’s real wishes or modern family structures. For instance, many people now live in blended families, cohabit without marriage, or wish to leave gifts to stepchildren or charities — all scenarios that can be overlooked without a properly drafted Will.
As we expect the law to be fair, we anticipate what we would accept as common sense outcomes. For example, people who lived together for decades will get provided for. Not necessarily. Children will get a fair share. Don’t be too sure. Despite their efforts to generate even-handed outcomes, there are often circumstances that surprise or distress families. For example:
- Unmarried partners have no automatic right to inherit, no matter how long they lived together (registered civil partners are generally treated the same as spouses).
- Children may not inherit everything if a parent has remarried, leading to tension between stepfamilies.
- Close friends, carers, or charities that mattered deeply to the deceased may receive nothing.
This legal process can be lengthy and complex, and during what is already a time of grief, it can cause significant additional strain.
But it is often the hidden emotional and practical stress that can take its toll on families. The lack of a Will doesn’t just create legal complications — it amplifies emotional ones. Family members must navigate:
- Difficult decisions about funeral arrangements or property without clear guidance.
- Potential disputes between relatives who interpret the deceased’s wishes differently.
- Financial uncertainty, especially if assets are tied up in a lengthy court process.
This stress can fracture relationships and prolong the grieving process. Instead of being able to mourn and remember a loved one, families can find themselves mired in paperwork, disagreements, and legal fees.
Peace of Mind Through Planning
Creating a Will is relatively straightforward and inexpensive. A solicitor can ensure it is legally sound, up to date, and reflective of your circumstances. Even a simple Will provides enormous peace of mind — for both you and your family. It clarifies your intentions, helps your executor act swiftly, and spares your loved ones the uncertainty and conflict that intestacy so often brings.
In the End, It’s About Care
Writing a Will isn’t morbid — it’s an act of care. It ensures that your wishes are respected, your assets are distributed fairly, and your family is spared unnecessary stress at one of the hardest times in their lives.
So, if you haven’t yet made a Will, take this as your gentle reminder: doing so is one of the simplest, kindest gifts you can leave behind.
However, a word of warning – a badly drafted Will can cause more problems than no Will at all, so make sure you take legal advice and don’t try to write it by yourself.