"Do I really need a Will?"

A Will might feel like something you only need later in life, or something only wealthy people bother with. But the truth is, everyone benefits from having a Will, no matter your age or financial situation.

So, do you really need one? Let’s break it down.

What is a Will?

A Will is a legal document that details how your assets and affairs should be handled after you pass away. It serves several key purposes:

1. Asset Distribution: A Will determines who will inherit your property, money, and other assets.

   
   

2. Guardianship: If you have minor children, a Will enables you to appoint a guardian to care for them if you are no longer around.

   
   

3. Minimising Family Disputes: A clear, concise Will can help prevent conflicts among family members regarding your wishes.

   
   

4. Executor Appointment: A Will lets you choose an executor, the person responsible for managing your estate and ensuring your wishes are fulfilled. By designating a trusted individual, you can streamline the process and lessen stress for your loved ones.

There are many other instructions you can provide within your Will (ie care for pets, funeral/cremation wishes, organ donation, right of residence/life tenancies & more).

Having a Will is not just about asset distribution; it also ensures your intentions are respected while providing security for your loved ones.

The Risks of Not Having a Will

Dying without a Will is called dying intestate. In this case, the law determines how your assets are divided. That can mean:

• Your spouse or partner may not be entitled to the whole of your estate

• Children (including from previous relationships) may inherit in ways you didn’t intend

• Close friends, stepchildren, or charities won’t receive anything

• Family disputes are more likely, often leading to costly and stressful legal battles

• Delays in administration of the estate

• More legal costs involved in administering the estate

  
  

In short: no Will = no control & more stress

Who Should Have a Will?

Everyone over 18 should have a Will, especially if you:

1. Own a home or other assets

2. Have a partner or spouse

3. Have children or dependents

4. Have a blended family

5. Run a business

6. Want specific people (or charities) to inherit from you

7. Simply want to make things easier for your loved ones

   
   

Creating a Will is a proactive step towards ensuring peace of mind for you and your family.

Common Misconceptions About Wills

1. "I'm too young to worry about a Will": Accidents and illnesses don’t wait for retirement. A Will provides peace of mind at any age.

   
   

2. "Wills are only for the wealthy": A Will is essential for everyone, regardless of financial status. It ensures your wishes are honoured and helps avoid future complications.

   
   

3. "I can just write my wishes down": While it’s beneficial to jot down your wishes, a valid Will must meet certain formal requirements. See a lawyer to ensure your Will is valid.

   
   

4. "I don’t need a Will if I have a Trust": Trusts are helpful but do not eliminate the need for a Will. A Will covers any assets not included in the Trust and can appoint guardians for children, state your wishes for funeral arrangements and more.

   
   

5. "My family will know what to do": Without a Will, family members don’t get to decide how your estate is distributed — the law does. This can lead to unintended outcomes and disputes.

   
   

Understanding these misconceptions can clarify the importance of having a Will.

Why It’s Worth Doing It Properly

DIY Will kits may look easy, but they often don’t meet legal requirements, making them open to challenge or invalid altogether.

A Will drafted by a lawyer ensures:

• It reflects your wishes clearly and legally

• All your assets are covered

• It’s tailored to your personal and family situation

• Your loved ones won’t face unnecessary legal headaches

• It is compliant with the legal formalities of a Will

A few hundred dollars now, will save your Estate thousands later.

Final Thoughts

A Will isn’t just about money — it’s about protecting your family, avoiding conflict, and making sure your wishes are respected.

If you don’t have a Will, or if your current one hasn’t been updated in years, now is the time to act. At Willerby's Solicitors, we can guide you through the process and give you peace of mind knowing everything is in order.

Contact us today to start your Will.