A surprising number of people have not bothered to make a Will.   

Perhaps they assume there is no need? Occasionally, that is correct. But most often it is seriously wrong.       

A common assumption is that, if a husband dies, everything will pass to his wife. That may be so; but it hinges on the size of his estate and whether there are children or other close relatives. If a husband is survived by a wife and children, his wife takes his personal chattels and the first £250,000. If his estate is greater than that, the excess is divided into two. His wife will have merely an interest for life in half: she will be entitled to income, very small in the current economic climate, but not to capital. The other half will pass to the children (or into a trust, if they are under eighteen).           

There are many good reasons for making a Will. 

You can appoint persons in whom you have confidence, to be your executors and to deal with the administration of the estate. And, if you have children who may be left orphans, you can appoint guardians for them.  

If you have neither spouse nor children, you may not be happy about the relatives who would inherit under intestacy. Your estate could pass to relatives with whom you have had no contact, or whom you dislike. If nothing else, you could provide for your estate to pass wholly, or in part, to your favourite charity.    

Many couples live together without entering into marriage or civil partnership. The rules of intestacy do not provide for a cohabitant, who may have to seek redress under the Inheritance Act. Would it not be better to make a Will with proper provision for your partner, and so avoid this anguish and expense?    

In many marriages, the spouses have been married before and have children from earlier unions. The rules of intestacy make provision for children, but not for step-children. A Will can be invaluable for making sure that all children take their rightful inheritances in due course. It may be necessary to create a life-interest on the first death, to make sure that the survivor does not unduly favour his natural children.         

It is possible to make your own Will, whether you buy a form or go on the internet. But it is dangerous. There was, for example, the home-made Will which gave “all my money” to Tom. The testator probably intended to give Tom everything; but, in Law, money is money, not land or chattels, and perhaps not certain investments.      

Then there are companies which offer to make Wills for a fixed and attractively low fee. But someone making a Will needs to consider the testator’s circumstances thoroughly and in the round.    

In the case of a second marriage, for example, it may be appropriate to “sever ownership” of the matrimonial home and to create a “life interest trust”. But such severance is not always appropriate, not something to be suggested – as some Will-making companies seem to do – in all cases, and for an additional (and unduly high) fee. And, to take another example, the testator may own a house or flat abroad, and that will have to be taken into account.     

Making a Will should be seen as part of reviewing your circumstances generally, in particular to see what tax savings are possible, whether by the wording of your Will, or by arrangements made during your lifetime.

You may sensibly conclude that it is better to have your Will prepared by a solicitor, who will have comprehensive legal training and experience.