Dying without a will is known as dying “intestate.” In this scenario, the law, not you, decides who inherits your estate.
The Rules of Intestacy in England and Wales are rigid and do not account for modern family dynamics. Consequently, the person you want or assume will receive your estate may not be entitled to anything. For example, unmarried partners have no automatic right to inherit under the Rules of Intestacy, regardless of how long they have lived together.
By making a will, you retain control, ensuring your assets go exactly where you intend.
Common Questions Regarding Wills and Estate Planning
What Is the Best Way to Leave Your House to Your Children?
Leaving a property to children is a primary concern for many clients. While you can leave your home to them outright in your will, this may not always be the most tax-efficient or protective method.
How you own the property matters. If you own property as Joint Tenants, the property automatically passes to the surviving owner upon death via the “right of survivorship,” regardless of what your will says. If you wish to leave your share of a property to your children, you may need to sever the tenancy to become Tenants in Common. This allows you to leave your distinct share of the property to your children in your will, potentially using a trust to protect it for their future while allowing a surviving partner to remain in the home.
Does Making a New Will Cancel an Old Will?
Yes, generally speaking, making a new will revokes all previous wills. A professionally drafted will typically contains a revocation clause that explicitly cancels any former wills or testamentary dispositions. This ensures there is no confusion regarding which document represents your final wishes.
What Are the Biggest Mistakes People Make With Their Will?
The most significant errors usually stem from a lack of professional advice. Common mistakes include:
- Failure to sign correctly: Under the Wills Act 1837, a will must be signed in the presence of two independent witnesses who are present at the same time.
- Beneficiaries who witness the will: If a beneficiary (or their spouse) witnesses your will, the will remains valid, but their gift fails.
- Ignoring foreign assets: A UK will may not effectively cover property owned abroad.
- Ambiguous wording: Vague descriptions of assets or beneficiaries can lead to disputes or cause a gift to fail.
The Risks of “DIY” Wills
In an attempt to save costs, some individuals opt for “DIY” will kits. However, there are a number of pitfalls associated with drafting your own legal documents.
Without professional legal knowledge, it is easy to use incorrect terminology or fail to meet the strict requirements for execution mandated by law. Once you have passed away, mistakes made when preparing your will yourself can cause your estate and beneficiaries significant difficulties, financial loss, and unnecessary stress.
Speaking to a professional solicitor ensures your wishes are legally binding and clearly articulated, preventing future disputes.
Prioritise Your Future in 2026
At CJCH Solicitors, we specialise in providing clear, reliable, and expert legal advice on Wills, Lasting Powers of Attorney, and Estate Planning. Our dedicated Private Client team has decades of experience helping clients navigate the intricacies of Inheritance Tax (IHT) and safeguard their assets for future generations.
We understand that every client’s situation is unique, and we offer a customised service to meet your specific needs. Whether you require a simple update or complex trust planning, we are here to guide you.
Get in touch with us today and prioritise you and your family’s future in 2026. At CJCH Solicitors, our experienced Wills and Probate team helps clients across Cardiff, Barry, Bridgend, Blackwood, Caerphilly, and now Swansea.
With our 4.8-star Trustpilot rating and decades of experience, we combine technical legal excellence with compassionate client care. Click here to learn more about our Wills, Lasting Powers of Attorney & Estate Planning services.
