Don’t be like Prince - make a will

This is an issue which can affect the families and loved ones who are left behind and can increase their distress in what is already a difficult time. As it’s normally a very a straightforward process to make sure your wishes are followed, its surprising how many people fail to do this.

As a solicitor, I get called out from time to time to see people in hospital, who suddenly realise they have not made a will.

Unfortunately, when I arrive, I often find that they are asleep or groggy because of their medications, or, for whatever reason, are not in a state to tell me what they want in their will, and I have to go away again, ready to be called back when they are feeling a bit better. Sometimes that day does not come.

The best time to make a will is when you are feeling fit and healthy and looking forward to many years ahead of you.

See a solicitor and talk it over, and get a will made with much less stress and worry on your part, and at a much better price than if the solicitor one day has to give up his weekend or evenings to go back and forth to you at the hospital.

It is a bit like the difference between getting your boiler serviced during the summer, and calling out an emergency plumber one evening in the depths of winter when it has packed up.

There are situations where it may not be worth making a will.

If you have nothing to leave but your debts, then you may not need one.

If you are absolutely sure that you know to whom your estate will go under the intestacy rules, and those are exactly the people you want it to go to, and they will be able to agree among themselves amicably who should administer the estate and how it should be administered, and they will not mind that you did not remember them specifically in a will, then it is not essential for you to make a will.

However, the intestacy rules are not straight forward in all situations, and it is not the case that everything will always go to the 'next of kin' (whoever you think that is).

People for whom it is particularly important to make a will, include those who are co-habiting, otherwise the cohabitee may be entitled to nothing, and people who have their own business, as otherwise the running of the business may end up with someone who is not at all suited to it, although anyone who has a view on where there estate should go should have one.

To make a will, you need to have a broad idea of the assets in your estate, but you do not need to be able list every single one.

It is usual for a will to refer to 'my entire estate' or 'all the rest of my assets'.

Indeed, if a will listed all your vases or bank accounts separately then it would need to be changed every time you opened a new account or bought a vase, not a good idea.

You may want to give instructions about specific items of sentimental value or if you want to leave amounts of money to particular family members or friends.

You also do not have to be completely clear, before you see a solicitor about your will, exactly how you want your estate to go, as the process of sitting down and talking about it often helps to crystallise the thoughts better than thinking about it on one’s own would.

However, it is a good idea to have the names and addresses of beneficiaries to hand (dates of birth are not necessary).

The solicitor is there to advise you on your options and to make sure that is reflected in a legally binding document. He will usually store a copy or the original for free for you.

Whether you are a millionaire rock star or lead a more normal life, making sure your loved ones are left provided for has to be worth a couple of hours of your time.

Once it’s done it can be forgotten but waiting until the last minute or not at all is to be avoided.

Jason Pearce is partner and head of probate with Everett Tomlin Lloyd and Pratt Solicitors, which has offices in Newport, Pontypool and Usk. He is also the treasurer of the Welsh branch of the Society of Trust and Estate Practitioners and advises on wills probate and tax planning.