Despite their importance, many myths about Wills lead some people to believe that they don’t need one until later in life or, more worryingly, that they don’t need one at all.
In this blog, our Legacy Experts tackle some of the most common misconceptions about writing a Will and why they are so important.
1. “Making a Will is complicated and expensive.”
Some people decide against making a Will or put it at the bottom of their to-do list because they believe it to be a lengthy, complicated process. But although the thought of making a Will for the first time can seem a little overwhelming, it doesn’t need to be difficult!
In most cases, writing a Will is straightforward. In fact, you can often do it from the comfort of your own home in as little as 30 minutes using companies like Co-Op Legal Services or Farewill. An experienced solicitor will walk you through the process, answer any questions you have, and help you succeed. You can choose to make a Will through telephone and online services, but meeting a solicitor face-to-face is also an option.
Making a Will isn’t as expensive as some people think either. Some charities – including PDSA – offer a free Will-writing service.
But no matter which route you decide to take, you must ensure your Will is free of errors and legally valid. Failure to do so could mean your Will can be void, which can lead to serious implications for your loved ones further down the line.
2. “Once you make a Will, you don’t need to think about it again.”
Whilst having a Will is certainly a step in the right direction, it’s important to review and update it throughout your lifetime, especially when major life events happen – such as marriage, divorce, or having children.
Strangely, on marriage, your Will is automatically cancelled (unless a certain clause is inserted into your Will) but if you divorce, your Will is still valid. Most people expect it to be the other way around!
You may also have a change in circumstance such as buying a house. Or perhaps you’ve decided you’d like to leave a gift in your Will to causes you care passionately about today and now need this to be legally documented. In any event, it’s important to review your Will every five years, or as milestone life events take place, to ensure it accurately reflects what you’d like to happen in the future.
3. “Even without a Will, your loved ones inherit everything.”
Sadly, this isn’t the case.
‘Dying intestate’ happens when you die without a legally valid Will or one at all.
If this happens, your family may find it stressful sorting your affairs. This is because the rules of intestacy will decide how your money, property, or possessions should be shared – and, unfortunately, the family and friends you wish to support may not be entitled to anything.
For example, under the intestacy rules, only married partners, civil partners, and certain relatives can inherit your estate. So, if you’re not legally married or in a civil partnership at the time of your death, your partner wouldn’t have the right to inherit anything – even if you’ve been together many years and live together.
If you parent a child with them, this could result in your partner potentially losing the family home or not having enough money to support your family. Similarly, close friends or charities that you wish to support would not be entitled to any share of your estate if it hasn’t already been legally documented in a Will.
So, to help protect your family’s future or leave a legacy to special friends or charities close to your heart, it’s important to have a Will in place.
4. “A Will is pointless unless you have lots of money.”
Another common misconception about Wills is that they’re only for the wealthy. Some people think they don’t need a Will because of their modest lifestyle or belief that they don’t have enough to leave behind to make one worthwhile.
But a small estate (also known as your net worth) does not make a Will any less important. In fact, people often undervalue their estate or don’t realise how much they own!
If you own a property, any high-value possessions (e.g. a car, antiques, or jewellery), or have a bank account, then it’s important to have a valid Will in place. Without one, so much is left to chance after you pass away.
Besides, a Will is not just about money – it can help your family and friends know the answers to the all-important questions that may arise following your death, such as:
- Who will become the legal guardian of your child(ren)?
- Who will take legal ownership of your pet(s)?
- What do your funeral arrangements look like?
So, no matter your financial situation, making a Will can ensure your wishes are respected and your loved ones know what to do at a difficult and emotional time.
5. “You don’t need to think about a Will until you’re much older.”
In England, Wales, and Northern Ireland, you’re legally allowed to make a Will once you turn 18 years old (unless you’re a soldier or sailor on active duty, then you’re legally permitted to make one at any age). In Scotland, it’s as young as 12 if you’re of a sound mind.
But despite being able to, some young adults feel they don’t need to worry about making a Will just yet. But every adult should be encouraged to make a Will regardless of how old – or young – they are to best prepare for the future.
Many of life’s major milestones – such as having a child, becoming a homeowner, or getting married – tend to happen during our younger adult years. Having a valid and up-to-date Will from an early age means that your assets (such as your home) will be accounted for and your loved ones (such as your spouse and/or children) will be looked after.
You must also be of a ‘sound mind’ and mentally capable of understanding your actions when making a Will. So if you find yourself in a situation later in life where your mental capacity has been impacted by an illness, accident, or injury, you will no longer be legally able to make a Will.
We all hope that we’ll live in good health until old age. But sadly, we can’t predict the future and it’s impossible to know exactly when you may need to have a Will in place. But, by planning ahead, you can control what happens to everything you own should you lose mental capacity or pass away unexpectedly. The earlier you write your Will, the better!
6. Start thinking about your Will today.
It’s important to make a Will (if you don’t already have one) or keep on top of updating an existing one at regular intervals throughout your life. Doing so will mean you can be sure your loved ones are looked after, and your wishes are fulfilled.
If you have a question about about our free Will-writing service or leaving a gift in your Will to PDSA, please contact our friendly Legacy team on 0800 591 248 or by emailing legacies@pdsa.org.uk