It remains the case that almost two in three people die without ever having made a will. This means that they have missed the opportunity to explain to family and friends the way in which they wish their affairs and property to be dealt with following their death. It also means that their families are left with less certainty at what is a particularly stressful and upsetting time.

Aside from the practical disadvantages of not having a will, it is also true that the intestacy rules (which apply for those who do not have wills) may lead to members of your family inheriting assets which you would never have wanted. Even if you are married, your spouse may need to share part of your estate with your children or other relatives and there is a particular danger if you are not married that your partner will be left with no provision at all.

It is therefore advisable that everyone has a will. It is also important to remember that wills allow you to make specific arrangements with regard to Inheritance Tax planning and the organisation of any business interests or overseas property which you may own. 

At the same time as making a will, many people also made Enduring Powers of Attorney so that there is certainty about who can deal with their property and affairs if they ever lose mental capacity. This area of law has been altered dramatically by the Mental Capacity Act 2005 and we are happy to provide you with detailed and up-to-date advice on the arrangements which can now be put in place by means of Lasting Powers of Attorney, whether for your property and affairs or for the choice of a welfare attorney. We can also advise on what the changes mean for those who already have Enduring Powers of Attorney.