The Importance of Making a WillA valid will is one of
most important documents you could ever put your signature to, as
consequences of failing to make a will before you die can have far-reaching effects on
people you care about most.
Despite
importance of this legal document, it is still
case that only 3 out of every 10 people make a will mainly due to lack of awareness as to why a Will is needed.
The 3 most important reasons why a Will should be made are;
1.Simplifying Administration Process 2.Intestacy & Distribution of Assets 3.Inheritance Tax
1. Simplifying
Administration Process
Before a deceased person’s estate can be distributed to various individuals a grant of representation needs to be obtained from
Probate office. All assets which comprise
estate –including money in bank accounts - are frozen until this grant is confirmed. Where no will has been made
process of applying for
grant is drawn out, causing aggravated upset and anxiety for relatives and possibly acrimonious disputes and legal costs over who should deal with
estate.
A valid Will resolves these problems as persons will already have been appointed by
Will – executors – to deal with
estate and can obtain
grant and begin
distribution of
assets in a minimal period of time thus saving costs, time and unnecessary distress.
2. Intestacy & Distribution of Assets
Making a Will is
only way to ensure that
people you wish to inherit from your estate actually do so. Failing to make a Will will result in
law of Intestacy being applied, and
intestacy rules will dictate who will receive what, and often this will not accord with what you would have wanted. For example;
a) If you are single you may want to distribute your assets amongst selected friends and family. The rules of intestacy will not take into account any relationships based on friendship, and will distribute amongst relatives only, everything passing to
State if no relatives can be found.
b) If you are living as cohabitees (unmarried couple) you may want your partner to derive some benefit from your estate, perhaps to remain in
family home for example. The rules of intestacy would not take your partner into account; as far as
law is concerned, you would be treated as a single person and your partner would receive nothing.