27 Mar Why You Need a Will Even If You Have a Surviving Spouse and Children

Why You Need a Will Even If You Have a Surviving Spouse and Children

By Arona St James Solicitors

Many people assume that if they pass away, their assets will automatically go to their spouse and children. However, without a valid will, the distribution of your estate follows strict legal rules that may not align with your wishes.

What Happens If You Die Without a Will?

If you die intestate (without a will), your estate will be distributed according to intestacy laws.

• Your surviving spouse will inherit your personal belongings, the first £322,000 of your estate, and half of the remaining balance.
• The other half of the remaining estate is shared equally among your children.
• This can create complications. For example, if your children inherit a share of the family home, they could legally demand their portion, which may force a sale—potentially leaving your spouse in a difficult position.

Why You Should Make a Will

• Ensure Your Assets Are Distributed According to Your Wishes

Without a will, intestacy rules dictate how your estate is divided, which may not reflect your personal intentions or family needs. A will gives you control over who inherits what.

• Protect Your Spouse from Financial Hardship

Your spouse may not automatically inherit your entire estate, which could leave them in a vulnerable financial position—especially if part of the estate passes directly to your children. A will allows you to provide for your spouse appropriately.

• Appoint Guardians for Minor Children

If you have young children, a will enables you to name legal guardians. Without this, the court will decide who looks after them, which may not align with your preferences.

• Prevent Family Disputes

A clear will reduces the likelihood of family conflicts over inheritance, ensuring a smoother and less stressful process for your loved ones.

• Reduce Inheritance Tax

Careful estate planning through a will can help minimize inheritance tax liabilities, ensuring more of your wealth passes to your family rather than the taxman.

Additional Reasons You Need a Will

Control Over Asset Distribution

A will allows you to decide exactly how your estate is distributed. If you die without one, your spouse may not inherit everything, and your children could receive a share of your assets before they are financially mature enough to manage them.

Safeguard the Family Home

Without a will, intestacy laws could result in your children inheriting a share of the family home alongside your spouse. This can lead to complications, including the possibility of a forced sale if financial issues arise. A will allows you to protect your spouse’s right to remain in the home.

Provide Financial Security for Your Children

A will enables you to set up trusts or specify when and how your children will receive their inheritance. This ensures they are financially supported at the right time, rather than receiving a lump sum at an age when they may not be ready to manage it responsibly.

Plan for Your Family’s Future Today

Having a will gives you peace of mind, knowing that your loved ones will be taken care of according to your wishes. At Arona St James Solicitors, we can help you create a tailored will to safeguard your family’s future and avoid legal complications.

Get Expert Legal Advice

A well-drafted will is essential to securing your family’s future, avoiding legal complications, and ensuring your assets are distributed as you wish. At Arona St James Solicitors, we can guide you through the process and tailor your will to suit your unique circumstances.

To speak to one of our experienced solicitors about drafting your will, contact us today.

If you need help, we are happy to assist and support you through this process.

Please get in touch with us on 0208 175 5000 or email hello@aronastjames.co.uk