Owning a home is one of the most significant financial commitments you could make. However, despite the importance of property ownership, a surprising number of homeowners do not have a valid Will in place. This can lead to unintended consequences, financial challenges for loved ones, and legal complications. Here’s why every homeowner should make a Will.
1. Ensure Your Home Passes to the Right People
Without a valid Will, depending how you own your home the rules of intestacy may determine who inherits your home. These rules follow a strict legal hierarchy, which may not align with your personal wishes. For example, unmarried partners or stepchildren may not have an automatic right to inherit your home, potentially leaving them vulnerable. By making a Will, you can specify exactly who should inherit your property and on what terms.
2. Protect Your Family from Legal Complications
Dying intestate can lead to lengthy and expensive legal processes for your loved ones. If multiple family members have a claim on your estate, disputes may arise, leading to delays and additional stress. A clearly drafted Will provides certainty and helps avoid unnecessary legal battles.
3. Minimise Inheritance Tax Liability
A well-structured Will can help reduce the amount of Inheritance Tax (IHT) payable on your estate. The UK currently imposes a 40% tax on estates passing to non exempt beneficiaries which exceed the IHT threshold. Careful estate planning through a Will can help maximise tax-free allowances and ensure your beneficiaries receive as much of your estate as possible.
4. Provide for Young or Vulnerable Beneficiaries
If you have young children or dependents who are unable to manage a large inheritance, a Will allows you to set up trusts or appoint guardians to manage their inheritance until they are ready. Without a Will, their inheritance could be distributed in a way that does not protect their long-term interests.
5. Prevent the Sale of Your Home Against Your Wishes
If you own a home with a partner or family member, making a Will ensures that your share of the property passes according to your wishes. Otherwise, co-owners may be forced to sell the property or face legal challenges to retain ownership. This is particularly important if you own your home as tenants in common rather than joint tenants.
6. Support Charities and Causes You Care About
Many homeowners wish to leave a portion of their estate to charitable causes. Without a Will, your entire estate will be distributed according to intestacy laws, with no provision for charitable donations. Including a charity in your Will can also reduce Inheritance Tax liabilities.
7. Avoid Government Control Over Your Estate
If you die without a Will and have no eligible family members under intestacy rules, your estate could pass to the Crown under bona vacantia laws. This means the government will inherit your assets instead of friends, distant relatives, or charitable causes you may have preferred.
Despite common misunderstandings, making a Will is straightforward and affordable. Aston Bond had put together a step-by-step for how to make a Will (https://www.astonbond.co.uk/how-to-make-a-will-a-simple-step-by-step-guide/). Consulting a Private Client solicitor ensures that your will is legally sound and reflects your intentions.
Don’t hesitate to contact our professional Private Client team on lthomas@astonbond.co.uk and sclark@astonbond.co.uk, or call our office on 01753 486 777. By acting now, you can provide peace of mind, protect your loved ones, and ensure that your home is passed on according to your wishes.