The loss of a loved one is at best a deeply distressing time. The last thing you need is to face financial uncertainty as well because they died without having made a Will. The law which determines what happens to a person’s property (and this affects both land and money) if they die without a will is known as the intestacy rules and has very strict rules on who will benefit. Whilst the rules might result in the right person inheriting, what if instead they result in it going somewhere different from what the person actually wanted. Although a financially dependent partner or child may be able to make a claim against the estate, such claims are complex, slow and expensive, not to mention traumatic. The people who will benefit under the intestacy rules often oppose such applications, even though they may have had no contact with the deceased for a long time. Marriage and divorce both impact on the intestacy rules too, and can revoke an existing Will.
In this country (within certain limitations) a person is free to give their wealth to anyone they choose. In most cases it is a relatively simple task to ensure that what you want to happen in the event of your death actually does happen. You need only make a Will setting down who you want to inherit and what they are to receive, as well as such things as who is to look after any infant children. You can also use a Will to tell your family what you want to do by way of a funeral, as well as dealing with more complex issues such as putting money into trust for beneficiaries.
At Kernon Kelleher Solicitors we approach the making of a Will in a very matter-of-fact, yet sensitive way, providing practical guidance to help you reach decisions on what you want to do, whilst keeping costs as low as possible.
Even if what you will leave behind seems quite small, it is nearly always best to have a Will setting out exactly what you want to happen in the event of your death. You don’t need to be old or ill for a Will to be a good idea. Things can and do happen and you might well make a very difficult situation easier to bear for your family by taking away any uncertainty.