Many adults, particularly those over 50, are not proactively writing wills, leaving their estates subject to intestacy rules which may not align with their wishes. This common scenario, where adult children wish to persuade their parents to create a will but face resistance, highlights a broader societal discomfort with discussing death and end-of-life planning.
According to research from the Money and Pensions Service, 53% of adults aged 50 to 64 and 22% of those aged 65 and over have not written a will. This reluctance often stems from misconceptions, such as the belief that wills are only for the wealthy, or an aversion to contemplating mortality.
Understanding Wills and Intestacy
A will is crucial for anyone who wants to control the distribution of their assets after death. Dying without a will, known as dying intestate, means the state's strict intestacy rules will determine who inherits. These rules can lead to unexpected outcomes. For example, a long-term cohabiting partner who is not married or in a civil partnership may not be entitled to inherit under intestacy laws.
Even modest estates can include a home, savings, personal possessions, and digital assets that require clear distribution. A will also simplifies the administration process for grieving families, allows for specific funeral wishes to be stated, and ensures sentimental items go to the intended recipients.
Navigating the Conversation
While it is important to explain the benefits of making a will, experts caution against exerting undue influence, which could invalidate the will. Undue influence might involve pressuring someone to leave assets to a specific person, isolating them from advisors, or threatening to withdraw care.
Kirsty Limacher, legal consultant at The Association of Lifetime Lawyers, emphasizes that the decision to make a will must ultimately rest with the individual. However, it is acceptable to discuss the advantages and address common myths. Providing information about the intestacy rules and the potential consequences of not having a will can be a constructive approach.
Broader Planning Considerations
Beyond wills, it is also advisable to consider appointing someone to manage financial affairs if an individual becomes unable to do so. A lasting power of attorney (LPA) for property and financial affairs grants this authority, with the individual choosing who to appoint.
Approaching these sensitive topics requires empathy and timing. Mark Screeton, chief executive at Sunlife, suggests initiating these conversations early to normalize the subject of death before it feels like an immediate concern. Discussing funeral wishes can also be a natural segue into broader estate planning.
Professional Assistance
For those who decide to make a will, seeking legal advice is recommended. Accredited lifetime lawyers offer specialist training, particularly for older individuals, ensuring peace of mind and addressing concerns about testamentary capacity. Will writing services and online platforms also offer more affordable alternatives to traditional solicitors, but it is essential to choose reputable providers that belong to professional organizations and adhere to codes of conduct. Some charities also offer assistance with will writing, sometimes in exchange for a potential bequest.