Dying without a Will is a choice. You can choose whether to take the time to prepare a Will, or you can delay, postpone and procrastinate. But it is important to understand the consequences of dying without a Will, not just with the distribution of your possessions, but also with the “estate administration” process.
Hopefully at the end of this article the question in the title will be answered for you. It NEVER makes sense to die without a Will. It is a decision that you make that doesn’t impact you significantly (you will be dead), but it has serious repercussions for your family and loved-ones.
Dying without a Will – the first few days
If something were to happen to you today, there is a good chance that your family would be struggling with grief. But quite quickly actions need to be taken and this would fall to your “next-of-kin”.
Although the UK doesn’t have a legal concept of “next-of-kin” it generally means your closest relative.
There are two ways to die in the UK; with a Will, and without a Will. If you are clever, you would choose the former. There is never a time when planning to die without a Will makes sense. But whether or not you have a Will makes a difference when it comes to the probate process.
If you have a Will, you will have named an “Executor“. This person has the responsibility to gather and secure your assets, and then distribute them according to the instructions in the Will. They also have responsibility to carry out all of the paperwork associated with your “estate” (everything that you owned when you died).
Imagine the day after you have died. Your Executor goes to your bank and explains to the bank cashier that they are your Executor, and that you would like all of the money from the account. The Executor may even have a Will.
Imagine the cashier obliges, and hands over the £50,000.
The next day, somebody else arrives at the bank, but they have a different Will, which names them as the Executor, and they want the contents of the bank account. Their Will is signed and dated after the other Will.
This person had already secured the money from a Building Society account across the other side of town.
It is this type of mess that is avoided by the probate process.
What is Probate?
Probate is the process by which your Will is accepted as your official, legal Last Will and Testament. It is an opportunity for people to challenge that Will. It is also the process by which your estate administrator is appointed, either as the Executor named in your Will, or as an administrator nominated by the courts if there is no Will. This person is given a court issued document that gives them the authority to act as your estate administrator.
Have you ever been left out of a Will and thought that you deserved something from the estate? Do you think that family members have acted unfairly, or that a step-parent has influenced your parent? do you think that something suspicious may have happened to a parent’s Will? This article discusses the grounds for challenging a Will in the UK, and what specific factors contribute to a successfully contesting a Will.
We are often asked the question “can your Wills be challenged?” Keep in mind that any Will can be challenged. If a loved ones did not receive what they were expecting from a Will, then they are perfectly entitled to challenge the Will. Typically this would be done through a Solicitor.
But very quickly, the solicitor will be able to tell their client whether they have any chance of success.
There are very specific grounds for a Will to be successfully contested, and we will describe these in this article. Let us start with what will not likely result in a successful challenge.
Most UK adults do not have a Will. It’s unfortunate because every adult needs a Will and you shouldn’t wait until some time in the future. A Will should be written whilst you are young, and updated throughout your life. Fortunately, now there are great options to make a Will online.
Traditionally, making a Will was an expensive and inconvenient process. It involved booking an appointment with a solicitor, co-ordinating schedules with a spouse or partner, and then making a follow up appointment for the document signing. The process was also expensive costing several hundreds of pounds to prepare the Will, and several hundreds more every time the document had to be updated.
If you are very lucky, you may be able to find a solicitor who will visit you at home. But this can still be intrusive, and this approach makes it difficult to update your Will over time.