Although the prospect is a morbid one, it is a truism that “Death comes equally to us all.” But are all of us equally prepared?

According to a recent poll by financial advice website unbiased.co.uk, over thirty million Britons are currently without a will – that represents almost two thirds of the adult population. Eighty seven percent of under-thirty-fives do not have a will in place, falling to sixty seven percent of those aged between thirty five and fifty four and, most worryingly, thirty six percent of those over fifty five still do not have a will in place.

Yet, more than nine out of every ten have a clear idea of who they would like to leave their estate to when they die; so, why the discrepancy?

Apathy remains the number one reason for not writing a will, with over a third stating they just haven’t got round to sorting it yet, and almost one in ten saying that it simply never occurred to them.  Almost one fifth consider they have nothing of value to leave behind}. 

Although the average solicitor’s fee for the drawing up of a will can be as low as £120 for singles and £200 for couples, almost one in ten have not done so due to concerns over the cost involved. A worrying ten percent of Britons proclaim to have no intention whatsoever of writing a will.  

Dying without a will in place means there is a strict legal procedure dictating the order of who will inherit what, and should no one come forward then it all falls to the Crown.  Not having a will in place could also result in inheritance tax being due before the estate is released, so your grieving family may find themselves having to take out expensive loans in order to release the assets. 

Confronting the eventuality of something bad happening to you is never an easy topic but nevertheless, it is not something to be brushed aside. Research clearly shows an overwhelming national trend toward a ‘wills apathy,’ leaving a large proportion of spouses, partners and children unprovided for in the event of anything befalling a partner or parent. 

While over three quarters of those who are married said their wish was for their estate to pass to their spouse after they die, a spouse or civil partner only automatically inherits £250,000 if there is no will in place.  Over a third of those who aren’t married would like to leave their assets to their partner after they die, but in the absence of a will, there is no right of inheritance in a civil partnership. 

Shockingly, seven out of ten who parents of children under eighteen do not currently have a will in place. Under current law, children, unless explicitly named in a will, are only entitled to an inheritance if there is no surviving spouse of the deceased or if the estate is worth more than £250,000.  Despite this, over half of those without a will intend that their children inherit a share of their estate and sixty nine percent intend some share of their estate to pass to another relative.   

Unfortunately, many are simply ignorant of the rules of intestacy – meaning that if they die without a will in place, their assets may not be distributed as they would wish them to be. 

Drawing up a will doesn’t have to be a daunting process. By coordinating the handling of your affairs with a solicitor trained in the area of will writing, you can get your affairs in order so that your family or friends receive the inheritance you would wish them to.

At Brendan Fleming Solicitors, we pride ourselves in our expertise in this area. Based in Birmingham, our practice extends over the entire Midlands area: Wolverhampton, Coventry; even so far afield as Derby and Nottingham.

Our will-writing team is lead by Brian McGeown, an Associate Legal Executive having more than thirty five years experience. An expert in his field, he is considered friendly, easy to talk to and very knowledgeable.

His good advice extends to ensuring clients are fully aware of all the costs and expenses throughout their dealings with Brendan Fleming Solicitors. He has, through his hard work and expertise, earned himself some not-inconsiderable repute in the Midlands’ property world and is proud that, in over three decades of working in the legal profession, he has never had a single negligence claim against him.

Brian's swelling ranks of satisfied clients is a tribute to his professionalism and his will-writing expertise.