Why Every Parent Should Make A Will

Try this: picture your closest relatives, and for each of them ask yourself: “How would my children turn out if they were raised by that person?”

I did this when my little boy was a few weeks old. I concluded that, frankly, my son would fare better if he were raised by a pack of wolves than if he were left with my in-laws.

My own family didn’t appeal either – I have a brother who posts photos of himself on facebook in various stages of undress with empty

shot glasses surrounding him and his mates; my mum would be ok but she would be in her late seventies by the time my son was in his early teens. Fortunately I have a good friend who knows and loves my son and who would be willing to care for him if needed. I appointed her as his Guardian in my Will, giving her legal responsibility for my little boy if the worst happens. Problem solved!

Even if you have no house or savings, if you have children then you do have something to leave in a Will. You will have chosen your children’s school/nursery/childminder with much care and thought: why not choose who would parent them if you died?

If you died without a Will, your children would usually be cared for by their other parent. If that other parent was dead or gone, then your children could be in limbo for months. Your family may fight over who should look after them: the best person might not win. Even if you have someone in your family who you would like to care for your children, then unless you have appointed them as a Guardian under your Will, he or she would need a court order to become the legal parent (expensive and time-consuming for them; stressful and uncertain for your child). Until then, they would have no right to benefits for your children and could not sign medical consent forms or change their schools; they would also be classed as private foster carers and need to be monitored by Social Services.

If you make a Will you can appoint a Guardian, avoiding these problems, plus you can:
Minimise inheritance tax;
Make sure your child inherits even if your partner re-marries after you have died (see below);
Make sure your partner is provided for if you are not married: there is no such thing as a common-law spouse.

Appointing a Guardian for your children is one thing; making sure your children are provided for financially is yet another. You may think that if you left everything to your partner you will be doing the best thing since they will surely always make sure the children are looked after.

But if one of you died, would the other remain single forever? Grief-stricken, wearing black, wailing for the rest of their days? Maybe not…! If you and your partner have children together then they may well lose out to a new partner. Picture it: bereaved partner bravely soldiers on and finds a new partner. New partner is evil-stepmother/step-father only after the money (this doesn’t just happen in Snow White), or is nice enough but wants their cut if the relationship fails. All your hard-earned money that has gone to your partner under your Will will get divvied-up in the divorce/separation. Or spent on false nails and enchanted mirrors.

There is an easy way to make sure your partner is not left homeless but still ensures that your children inherit your hard-earned property: you can create a ‘life interest trust’ for your half of your home. That means that your partner gets to live in the house for as long as he lives, and he can sell it and buy a new one on the same terms if he wants, but ultimately when he dies or if he remarries or cohabits then your half of the house goes to your children (you can specify what age they would actually receive the money so they don’t spend it all on sweets).

Thinking about death is not nice, but it is necessary and it’s painless. You can contact a Solicitor in any high street firm, or a specialist Will Writer (though if you are using the latter, you should make sure they are accredited by a body such as the Society of Will Writers). They cost anywhere between £60 and £200 so it’s worth shopping around. You can do your own Will on the internet at comparatively little cost but these are only advisable if you know exactly what you want and are aware of all the pitfalls that might apply in your particular case: it’s important to get it right so it’s usually worth paying for a face-to-face service.

Worried that by making a Will you’ll be tempting fate? Buying an umbrella won’t make it rain, it just protects you if it does.
So go on, make a Will – it’s probably the only thing your children will ever thank you for…

Jessica Wilberforce, BSc(Hons); PgDip (Law & Legal Practice)