Who should make a will?

A will is never the most romantic gesture to consider at the time you are getting married, however, it is vitally important to protect your family in the event of your death.

Without one, the State directs who inherits, so your friends, favourite charities and relatives may get nothing. It is particularly important to make a will if you are not married to your partner. This is because the law does not at the moment automatically recognise partners as having the same rights as husbands and wives. As a result, even if you've lived together for many years, your partner may be left with nothing. Whilst this is likely to change with a Bill before Parliament it is not clear when and exactly how.

A will is also vital if you have children or dependants who may not be able to care for themselves. Without a will there could be uncertainty about who will look after or provide for them if you die.

Once you have had a will drawn up, some changes to your circumstances (for example, marriage, separation or divorce) can make all or part of that will invalid or inadequate. This means that you must review your will regularly, to reflect any major life changes. Examples of some of these life changes are given in this pack.

Adam and Jane

Adam did not bother to make a Will, thinking everything would go to his wife, Jane. He left property worth £300,000 and no children. Jane survived him as did his two estranged brothers. Jane is only entitled to his personal effects (furniture etc), £200,000 and half the balance giving her a further £50,000. The brothers took £25,000 each.

Michael didn't make a Will either and always wanted his worldwide estate, including his home, to go to Gillian. Michael and Gillian were engaged but weren't to be married until next year when Michael died. Donald was Michael's father and had never liked Gillian. When Michael died he inherited everything and kicked Gillian out. In order to receive anything Gillian has had to talk to her lawyers to bring a claim against Michael's estate.

Using Wright & Wright Solicitors

Although it is possible to write a will without a solicitor's help, this is generally not advisable as there are various legal formalities you need to follow to make sure that your will is valid. Without the help of an expert, there's a real risk you could make a mistake, which could cause problems for your family and friends after your death.

Home-made wills should be treated with caution. Some homemade wills can be disastrous: for example omitting to cover the position if the main beneficiary does not survive; failing to take advantage of any tax breaks there may be; failing to nominate the right guardian for any young children; referring to assets which are not owned on death.

This service is provided by Wright & Wright, Solicitors, in line with the client care agreement and terms and conditions attached.

Please complete the attached checklist on the following pages and send to Wright & Wright to enable them to begin drafting your will.

Should you have any questions with regard to the next steps you need to take, please contact Wright & Wright on 01483 531 264 or confettiwills@wrightandwright.com.