Why you must have a will

IT IS a fact of life that one day we will all die. In preparation for that, we should ensure that our wishes are adhered to when we are no longer among the living. Not many people have wills, and I try to explain below why we should all have one.

Making a will is the best way of providing for those you leave behind. While you are alive, when you make precise decisions relating you your property, you alleviate many difficult issues that might otherwise trouble your family after your death. Wills make life a little easier at a very difficult time.

If you do not make a will, you die “intestate” and your property will be distributed according to a formula which may not be your intention. Your children, your spouse or your partner may not receive the protection you would have desired.

This situation is critical in non-traditional families, for example where there are step children involved and children from a previous relationship. The situation is further complicated by having property and assets in different countries i.e. in the UK and in Zimbabwe.

If you do not have a will, the government generally does not take your property. However, if you have no close relatives or people in a legal family relationship who survive you, your property may go to the state under what is known as “escheat”.

What may be more troubling is if both parents of a child die, your choice of who raises your children will not be known and this may cause further difficulties within your families and unnecessary stress to your children.

If you are not married or in a civil partnership, your partner will not inherit automatically, but by having a will, you can ensure that your partner is provided for. If you have children from a previous relationship, you may wish to make a provision for them or you may not wish to. The advantage of having a will is that your wishes will be known and followed when you no longer have any control over your assets.

Preparing Your Will

Although it is possible to write a will yourself, it is advisable to use a solicitor as there are various legal formalities you need to follow to make sure that your will is valid. You may also need legal advice for more complicated matters.

A solicitor can advise you about how Inheritance Tax affects you. As well as solicitors, voluntary organisations such as Citizens Advice Bureau and Age Concern in the UK can also help with your will.

What To Include In Your Will

Before you write your will or consult a solicitor, it’s a good idea to think about what you want included in your will. You should consider:

• How much money and what property and possessions you have
• Who you want to benefit from your will
• Who should look after any children under 18 years of age
• Where you wish to be buried
• Who is going to sort out your estate and carry out your wishes after your death – that is your executor.
• An executor is the person responsible with passing on your estate. You can appoint an executor by naming them in your will. The courts can also appoint other people to be responsible for doing this job.

Where To Keep Your Will

Once you have made your will, it is important to keep it in a safe place and tell your executor, close friend or relative where it is. If a solicitor makes your will, they will normally keep the original and send you a copy. You can ask for the original if you wish to hold it.

Reviewing Your Will

You should review your will every five years and after any major event in your life such as getting separated; married or divorced; having a child or moving house. Any change must be by “codicil” (an addition, amendment or supplement to a will) or by making a new will.

What To Do If There Is No Will

If someone dies without making a will, they are said to have died “intestate”. If this happens, the law sets out who should deal with the deceased’s affairs and who should inherit their estate (property, personal possessions and money).

When someone dies without leaving a will, dealing with their estate can be complicated. It can also take a long time, months or even years in some very complex cases. If matters are complex it is best to contact a solicitor as soon as possible.

Usually, a close relative like a spouse, child or parent will have the legal right to sort out the estate of the person who has died.

In order to be able to administer someone’s estate, you normally need to apply to the Probate Registry for a “Grant of Letters of Administration”.

On receipt of the grant, you become the administrator of the estate. The grant provides proof to banks, building societies and other organisations that you have authority to access and distribute funds that were held in the deceased’s name.

The overall process is often referred to as “obtaining probate”. If the deceased’s estate is below £5,000 and does not contain any land, property or shares, then it may be possible to deal with it without obtaining a grant. Also, a grant might not be needed if the whole of the estate is held in joint names and passes automatically to the surviving joint owner.

Cut Out Of A Will?

Under UK laws, if you feel that you have not received reasonable financial provision from the estate you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. To make a claim, you must have a particular type of relationship with the deceased, such as a child, spouse, civil partner, dependant or cohabitee.

A claim will need to be made within six months of the date of the grant of letters of administration. This is a very complicated area and a claim may not succeed. It is, therefore, advisable to ask a solicitor’s advice. They would normally charge for this advice.

It is important to make a will regardless of your immigration status. For those living outside Zimbabwe, you hear rumours that tend to suggest that if you are living in your country of residence illegally and die, you assets will be seized by the government. That is not the correct legal position and it is worth seeking legal advice regardless of your immigration status.

If you have an untimely demise, it is advisable to have a secure future for your children and other dependants. As foreign nationals, it is also important to make provision for the repatriation of bodies to your country of origin.

My intention is not to sound morbid, but these are things that should be placed in a will and financial provision should be made to avoid problems. There are many cases where Zimbabweans are not given a decent burial in the Diaspora due to a lack of planning. Don’t leave your family a legacy of problems.

Rumbidzai Bvunzawabaya is a Solicitor at RBM Solicitors based in Coventry. She can be contacted at info@rbmsolicitors.co.uk or telephone: 02476520999