Why Do I Need a Will? – "I’ll Be Dead Anyway!"

Emma Wardrop
Apr 25
3 min read

Many people put off writing a will, often under the assumption that it’s unnecessary or irrelevant once they’re no longer around to deal with the consequences. However, this mindset overlooks the critical role a will plays in ensuring that your loved ones are cared for, your wishes are respected, and complications are minimised after your passing. At Thomas Bradley & Co., we’re here to demystify the importance of having a will and why it’s one of the most meaningful steps you can take for your future and your family.

What is a Will?

A will is a legally binding document that outlines your wishes regarding the distribution of your assets, the guardianship of your children, and other key matters after your death. Without a will, these decisions may be left to the courts or governed by intestacy laws, which often don’t align with your personal preferences.

Why Do You Need a Will?

1. To Provide for Your Loved Ones

A will allows you to determine exactly who will inherit your estate, ensuring that your loved ones are taken care of according to your wishes. Without one, your assets may not be distributed as you intend, potentially leading to disputes or unintended beneficiaries.

2. To Appoint Guardians for Minor Children

If you have children under the age of 18, your will is the only way to legally appoint a guardian to care for them in the event of your death. Without a specified guardian, the courts may decide who will take on this role, which may not align with your wishes.

3. To Avoid Family Disputes

Family disagreements over inheritance can be both emotionally and financially draining. A clear and well-drafted will can help prevent disputes by setting out your intentions unequivocally.

4. To Protect Your Assets

A will allows you to ensure that your assets are distributed efficiently and in line with your values. For example, you may wish to leave specific gifts to certain individuals, support charities, or create trusts for beneficiaries who are not yet ready to manage an inheritance.

5. To Minimise Tax Liabilities

Proper estate planning through a will can reduce the impact of inheritance tax on your estate, preserving more of your wealth for your loved ones. Solicitors can provide guidance on structuring your estate to take advantage of available tax reliefs.

6. To Ensure Your Funeral Wishes Are Respected

Your will can include instructions regarding your funeral arrangements, such as whether you prefer burial or cremation. While these wishes are not legally binding, they provide invaluable guidance to your family during a difficult time.

Common Misconceptions About Wills

1. "I Don’t Have Enough Assets to Warrant a Will"

Even if your estate is modest, a will ensures that what you do have is distributed according to your wishes. Additionally, appointing guardians for minor children or leaving personal items to loved ones are non-monetary reasons to have a will.

2. "My Family Will Sort It Out"

Relying on your family to "figure it out" can lead to unnecessary stress and conflict. Intestacy laws, which apply when there’s no will, may distribute your assets in a way that doesn’t reflect your intentions.

3. "I’m Too Young to Need a Will"

Wills aren’t just for older individuals. Accidents and illnesses can occur at any age, and having a will in place provides peace of mind that your affairs are in order, regardless of what the future holds.

What Happens Without a Will?

If you die without a will (intestate), the distribution of your estate will be determined by the rules of intestacy. These rules often prioritise close relatives but may exclude unmarried partners, stepchildren, and charities you might have wished to support. Additionally, the process of administering an intestate estate can be more time-consuming and costly, creating unnecessary burdens for your loved ones.

How Thomas Bradley & Co. Can Help

At Thomas Bradley & Co., we understand that writing a will can seem daunting, but our expert team is here to guide you through every step of the process. From understanding your options to drafting a will that reflects your wishes, we provide personalised advice to help you achieve peace of mind.