Writing a will can feel morbid and somewhat unsettling, which is why it’s often one of those life admin tasks that gets repeatedly postponed.
However, planning for the future isn’t just for the elderly or the ultra-wealthy – it’s essential for anyone with assets or loved ones who rely on them.
To clear up some common myths about wills, we spoke with experts who shared some compelling reasons why creating a will sooner rather than later is a wise move – and how it can offer some peace of mind.
What age do most people write a will?
“On average, our customers at Farewill write their wills at 45, that’s the mean age, but there is a pretty big spread in ages,” says Dan Garrett, co-founder of Farewill, the UK’s largest will writing company, and chief growth officer at Dignity Funerals Ltd. “So, the ages go all the way down to 18, which is the legal minimum, and then we’ve also got a 108-year-old on our books as well. ”
However, Fiona Mainwaring, head of wills and probate at Midlands law firm ORJ Law, notes that the primary motivations for writing or updating a will are usually major life events rather than age itself.“People tend do it in stages. For example, when people write a will in their 20s something usually triggers it, like purchasing property or having children,” recognises Mainwaring. “Then there is usually a gap until people get married, or remarried, and then again until when people become elderly and feel like they are closer to needing one.”
What are some risks of not having a will in place?
“If you’re not married, your partner has no legal entitlement to anything in your estate,” highlights Garrett. “You essentially, even if you live in a property together, depending on how you own it, could lose your property and could just be completely not looked after at all.”
Another significant risk is that, in the tragic event both parents pass away, the absence of a will means there’s no legal documentation specifying who should be appointed as the child’s guardian.
“If both parents die, which is obviously an unusual situation, a will makes sure that who you would like to look after your kids will be appointed as their guardian,” explains Garrett.
How often should a will be reviewed and updated?
“I would recommend looking over your will every five to 10 years,” advises Mainwaring. “Or if your circumstances change, such as big life events such as having children, marriage, divorce, inheritance, moving house etc.”
What are the legal requirements for a will to be valid in the UK?
“For it to be valid, has to be in writing on paper – it can’t just be a digital document,” says Garrett. “It also has to be signed by the testator, who’s the person making the will, and it has to be signed in person, in pen, by two witnesses who have to both be over 18, and they can’t be inheriting something in the will.”
What are some common mistakes people make when writing a will?
“A common mistake is not to sign it properly, so to not sign it myself or by two witnesses,” highlights Garrett. “Another common mistake is for one of your witnesses to be someone who’s inheriting something in the will.”
Another common mistake is that marriage revokes a will.
“Let’s say you’re engaged to someone. You have to draft in the will that you’re writing it in anticipation of a marriage, otherwise, when you get married, it will revoke the will that you’ve written previously,” Garrett explains.
Many people are unaware of how property ownership is handled after death, and how this can impact the wishes states in a will.
“There’s three different ways to own your property in the UK. You can own it by yourself, you can own it as joint tenants, or you can own it as tenants in common, which means that you can own it like as a percentage share,” he explains. “A common mistake is that if you own it as joint tenants then whatever you write in your will doesn’t matter because if the other person is still alive then they will own the whole house.”
What would you say to someone who thinks they’re too young or don’t own enough to need a will?
“If someone thinks they’re too young, they might be right,” says Garrett. “I think age isn’t the right question, is it more about do you have any dependants or assets?
“It’s about the people who depend on you and making sure that you put the right set-up in place so they’re taken care of.”
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