With Tom Warlow, Wills, Trusts and Probate Solicitor at Howells Solicitors’ Barnsley office

As the year draws to a close, many of us naturally spend time reflecting on the months behind us and looking ahead to what comes next. It’s a season for family, connection and making sure the people we care about most are looked after.

While reviewing or writing a will might not feel like an obvious priority at Christmas, taking steps to secure your family’s future is one of the most thoughtful things you can do.

Life rarely stands still. Over the past year, you may have bought a new home, welcomed a child or grandchild, or have married. Alternatively, you might have gone through a divorce, a separation, or faced a change in your health.

When life changes, your legal plans should change with them. An existing will written several years ago may no longer reflect your current wishes or relationships.

Major life milestones can carry legal implications, for example:

• Marriage generally revokes an existing will in England and Wales unless the document was specifically drafted with consideration of that marriage.
• Divorce alters how a will operates, treating your former spouse as if they had passed away before you, which could leave gaps in your estate plan.

If you already have a will, taking time to review it ensures it still does what you intend. And if you have never made one, putting one in place brings immediate peace of mind for the year ahead.

Don’t leave your legacy to chance

Figures suggest that only 37 percent of UK adults have written a will. Without one, when you die your estate is distributed according to rigid, legal “intestacy rules” regardless of what your personal wishes might have been.

This creates significant risks, particularly for unmarried cohabiting couples. Contrary to popular belief, there is no automatic inheritance right to the family home or other assets for a cohabiting partner, even if you have lived together for years. If you die without a valid will, your partner could receive nothing under the intestacy rules, potentially leaving them facing considerable financial uncertainty at an already distressing time.

While minor administrative errors in daily life can easily be corrected, an invalid or non-existent will leaves no second chances. 

Taking control now ensures your estate goes exactly where you want it to, rather than leaving those decisions to default statutory rules. A will allows you to set out who you want to benefit from your estate, rather than leaving that decision to a set of legal rules that may not fit your family.

More than just a list of assets

When people think about making a will, they often picture a list of names alongside sums of money or possessions. Good estate planning can be much more thoughtful and flexible than that.

Effective estate planning allows you to tailor your arrangements to the specific needs of your family such as:

• Protecting younger beneficiaries: Outright inheritance allows a beneficiary to receive funds immediately upon turning 18, which may not always be appropriate. You can specify age-contingent conditions or establish a discretionary trust, giving appointed trustees the flexibility to manage funds for education, housing or care as needs arise.
• Appointing guardians: For parents of young children, a will allows you to legally name guardians to care for your children should the unthinkable happen.
• Selecting trusted executors: You can name the specific individuals – whether trusted family members, friends, or legal professionals – who will administer your estate, handle paperwork and ensure your instructions are carried out correctly.

Preventing avoidable disagreements

It is easy to assume that if your affairs are relatively simple, everything will run smoothly. However, even straightforward estates can lead to misunderstandings among grieving family members, whether over misremembered conversations, past financial gifts or differing expectations.

Challenges can also arise where there are questions about a will’s validity, the deceased’s mental capacity, possible undue influence or whether the document reflects their true wishes.

Seeking professional legal guidance reduces ambiguity, identifies potential issues early, and ensures your document is legally sound and binding. 

While no document can guarantee a family will never disagree, a clear, professionally drafted will could significantly reduce the likelihood of confusion, delay and conflict.

Taking the next step

Protecting your family’s future doesn’t have to be complicated or overwhelming. Taking expert advice now means you can step into the new year with complete confidence that your affairs are in order.

To discuss making a new will or reviewing an existing one, contact the specialist Wills and Probate team at Howells today.