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When is the right time/age to write a Will?

August 30, 20233 min read

A Will is one of the most important legal documents you will ever make and many people already understand this but what they may not understand is when they should consider writing their Will. Lots of people think that Wills are for the elderly or those in their advancing years but there is a lot more to it than that and in this article, we will explore when the right time is to make a Will.

 In the UK, it is estimated that 60% of people die without having made a Will and this can cause all sorts of problems for their loved ones who are left behind. If you die without having made a Will, your estate will be distributed according to the intestacy rules.

The Intestacy Rules or The Laws of Intestacy as they are also known can be found in the Administration of Estates Act 1925 and these rules state who will inherit your estate if you die without having made a Will.

The intestacy rules are there to define the distribution of the estate for someone who has died but it has a limited capacity as to who benefits. Without having made a Will they do not always distribute an estate in the way that the deceased would have wanted and this can cause all sorts of problems for those left behind. For example, an unmarried partner will not automatically inherit anything and this can cause a lot of financial hardship.

The other main reason why you should consider making a Will is that it gives you the peace of mind knowing that your estate will be distributed in the way that you want. It can also be used to appoint guardians for young children which is an important consideration if both parents pass away at the same time. This is why it is so important to make a Will, so that you can be sure that your estate will be distributed in the way that you want it to be. Without a Will, the courts decide who will become the legal guardians for your children.

Having explored the topic of guardianship, you'll note that we are talking about parents of with children under the age of 18. The average age of a first-time mother in England is now 30 years old and this is an important consideration when thinking about Will writing. You may not think that you need a Will when you are in your 20s or 30s but if you have young children, it is one of the most important things you can do to protect them.

According to research by WillSuite the average age of a testator is 57 (nearly 58) years old but as we have just seen in the previous example, the need for a Will is very much age-dependent.

There are a number of things to consider when making a Will and one of the most important is who you are going to appoint as your Executor. Your Executor is the person who will be responsible for dealing with your estate after you die and they will need to apply for a Grant of Probate from the Probate Registry. The consideration of their age is equally important. If they are considerably older than you, will they be in a position to be able to act when then the time comes? If they are still alive, will they have the mental capacity to be able to administer your affairs?

With all of this in mind, you shouldn't wait to write your Will. You should put your affairs in order and have these all important documents can be done simply in a meeting with Philip Anthony Associates.

If you are looking for Will writers in England or Wales, then Philip Anthony Associates is a great choice. We have a team of Will writing experts who will be able to advise you on all aspects of Will writing and estate planning. We can also help with Trusts, Lasting Powers of Attorney or just simple Wills. Contact us today to arrange a free, no-obligation consultation.

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Phil Pamment

Hi everyone, I am Phil and I am the founder of Philip Anthony Associates. Philip Anthony Associates is a Will Writing and Estate Planning business based in Manchester and covering North Wales and the North West. We are passionate about providing our clients with the best possible service. This means tailored advice, affordable estate planning and Will Writing that will help, protect, preserve and pass on wealth through generations and to loved ones.

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