Will drafting—reasons for making a Will
Will drafting—reasons for making a Will

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Will drafting—reasons for making a Will
  • Intestacy
  • Benefits of a Will
  • Survivorship
  • Foreign assets and domicile
  • Further advantages

It may seem strange to many people but sometimes clients take a great deal of convincing of the need to make a Will. With approximately 60% of the adult population without one, it is clear that there is resistance, reluctance or plain apathy about the reasons for making a Will. A successful practice needs to overcome these issues in order to widen its client base.

When speaking with a client, it is very easy to make the point that a Will is not just something that decides where their assets go to on death. Any number of complications can ensue if executors and guardians are not appointed, particularly if both spouses die together. Obviously every client's situation is different, but in general, the method of explaining the need for a Will is the same.

Clients often do not realise that their wealth may only come to fruition when they die. For instance, they may have life insurance, mortgage protection insurance or pension benefits that mature on death and increase the value of their estates. A small value estate can increase in value significantly. Many people's perception of their wealth has changed in recent years with the rapid acceleration in property prices, but this is just one more reason why a Will is essential.

A particular problem that the practitioner may face is the testator