You’re All Going to Die (But Your Family Doesn’t Have to Suffer): Why Wills Are Essential for Surveyors—and Everyone Else
I know what you’re thinking Andrew’s lost the plot, going on about Wills. Isn’t this what we ignore until retirement? Trust me, even if you’re not quite at the ‘cruises and croquet’ stage, this is the most essential admin you’ll ever do for your family, your business, and your peace of mind.
A quick heads-up—this blog reflects my personal experiences and opinions as a practising surveyor and business owner. I am not a legally qualified professional, so this is not intended as legal advice. Always, and I mean always, consult a professional for your own specific circumstances. But if you want to spare your loved ones (and maybe even your business partners) a massive headache after you’re gone, please do read on. You’ll sleep easier—just like I did once I finally got mine sorted!
Let’s Be Honest: Dying Without a Will Is Unfair to Your Family
Yes, I’m going there! It may sound brutal, but if you truly care about anyone—or anything—you'll do them an enormous favour by putting a Will in place. Too many people (and perhaps a few of us here!) think, “Well, I’ll be gone, let them sort it out”.
Honestly, that’s a bit like throwing a grand house party and then sneaking out, leaving someone else to deal with the monumental clean-up. Except the mess here could mean painful legal wrangles, shock tax bills, or even the demise of your hard-earned business. So, if you don’t fancy being remembered as the person who left everyone in a pickle, here’s precisely why you must get your affairs in order.
Seven Unpleasant Consequences of Dying Without a Will:
If you die without a valid Will, you’ve died intestate, and your estate becomes subject to the rules. These rules dictate how your estate must be distributed, and they may not reflect your wishes at all.
- Uncertainty for Your Children: If your children are under 18, you can nominate their legal guardian in your Will. If you don’t, the decision can be left to the family courts, and they may choose somebody you disagree with. Also, if you want to provide for stepchildren or foster children, you absolutely need to write them into your Will, as they have no legal right to inheritance unless legally adopted.
- Your Partner Might Get Nothing: Unmarried partners are not entitled to anything from your estate by law (unless you are registered civil partners), regardless of how long you've been together or lived together. If your home is solely in your name, your partner may not even have the legal right to reside there. A proper Will is crucial to ensure they’re provided for.
- The Law Decides Who Gets What (And It’s Not Always Who You’d Expect): As mentioned, the laws of intestacy kick in if you die without a Will. This could mean distant relatives inheriting everything, while friends, stepchildren, or those charities close to your heart receive absolutely nothing. If you want your estate to go to those who truly matter to you, you simply must get it in writing.
- Family Feuds Ahoy! A well-written Will can help prevent family arguments from those who are left behind. No Will often means a greater risk of arguments, contests, and old resentments resurfacing amongst your remaining family members. You’d be surprised how quickly the ‘nice’ ones can turn when there’s property or inheritance up for grabs. A clear Will lays out your wishes, taking out the guesswork and hopefully, the squabbles!
- The Wrong Person Runs the Show: In your Will, you name an executor or executors who will be in charge of carrying out your instructions. If you don't name one, an executor will be appointed by a probate court. Imagine the least financially savvy person you know managing your life’s work!
- Big, Unnecessary Tax Bills: The value of your estate and who you leave your assets to determines how much inheritance tax your estate will need to pay. A Will can help with inheritance tax planning. If everything is left to a partner or spouse, there is often no Inheritance Tax to pay. But get it wrong, and your loved ones could face hefty tax bills, or even forced sales of the family home or business just to cover the tax. It's always worth consulting a qualified solicitor or independent financial advisor about this.
- Outdated Wills Can Trip You Up: This one requires you to have already made a Will, but it's just as important! Did you know that marriage revokes an existing Will (except in limited circumstances), meaning your previous Will would be invalid? Divorce also affects how ex-partners are treated, as your current Will would treat an ex-spouse as having predeceased you. So, whenever your circumstances change – new relationships, new children, new business ventures – review your Will!
Real World Cautionary Tales (Anonymised, of course)
I’ve seen businesses end up in absolute chaos because no one knew the passwords, where the client files were, or even where the run-off cover stood. Imagine trying to pick up the pieces of a complex surveying practice with no handover notes! And on a more personal note, families have ended up still fighting years later over who gets what, from valuable art collections to a prized model railway, all because there wasn't a clear Will in place. These aren't just stories; they're very real, very painful scenarios.
Don’t Forget the Business (Or Run-Off Cover—Essential for Surveyors!)
Now, this is particularly pertinent for us surveyors. If you own a practice (or any business), it’s not just about your 'stuff'. You
must think about your liabilities, too. If you suddenly depart, and you leave the firm to a spouse or child without proper planning, they might inherit a ticking time-bomb—unpaid taxes, ongoing claims, or terrifying insurance gaps.
Imagine the knock on the door for your spouse, with a £500,000 professional indemnity claim because there’s no
run-off cover in place after your passing. Extreme, yes—but absolutely not impossible! It’s crucial to write down who should manage the business, what happens to clients, and all those vital passwords, as well as anything critical for continuity. For surveyors, especially, make sure run-off cover is sorted as part of your succession plan. Nobody wants a posthumous PI claim to haunt their family.
Wills for Digital Lives and Assets
It’s not just about bricks and mortar anymore, is it? Most of us lead increasingly digital lives, and we really need to consider our digital legacy. Think about it: photos, music, videos, online accounts, emails, even cryptocurrencies! Some of these assets can be left in a Will, but many are actually controlled by internet service providers’ terms and conditions.
Did you know Google’s Inactive Account Manager and Apple’s Legacy Contact lets you pre-plan access. These tools can be incredibly useful. You need to decide what you want preserved or deleted and, crucially, tell someone (securely!) where everything is kept. It’s not just for sentimental reasons either—sometimes there’s serious financial value in those digital assets.
How to Get Started (In Plain English)
It really doesn't have to be a daunting task. Here's a simple breakdown of how to approach it:
- List What You Own (and owe): Before you even speak to a solicitor or professional Will writer, they’ll expect you to have a rough idea of what you own and what it’s worth. This includes property, savings, cars, investments, personal items, pensions, and, of course, your business if you own one. And be honest about any existing debts—mortgages, loans, overdrafts—as they matter too.
- Decide Who Gets What: This is the fun part, in a way! Think about family, friends, any charities, and any specific gifts you want to make. You can specify the age at which young beneficiaries receive their share.
- Think About Charities: Has a charity helped you or a loved one? Which causes are important to you? After taking care of family and friends, you may wish to leave a gift, big or small, to a registered charity. It can also, quite handily, help with inheritance tax planning!
- Choose Executors and Guardians: Pick someone you trust implicitly to carry out your wishes and manage the process. If you have children, this is also where you name guardians for them.
- Include Your Digital Assets: Take stock of your bank accounts, digital music collections, social media accounts, even sentimental emails or photos. Make a list and decide who gets what.
- Make It Legal: For your Will to be legally valid in England and Wales, you must be 18 or over, make it voluntarily, be of sound mind, and make it in writing. You must sign it in the presence of two witnesses who are also 18 and over, and then have those two witnesses sign it in your presence. Crucially, your witnesses (or their married partners) cannot receive anything in your Will.
Warning: If any of these steps are missed, your Will could be invalid, leaving your estate intestate. During Covid, temporary rules allowed remote witnessing (e.g., via video), but these exceptions have now ended—always verify current requirements. Please note that different rules apply in Scotland and Northern Ireland.
- Store It Safely: Once written and legally signed, you need to store your Will somewhere safe. Most solicitors and professional Will writers will offer a storage service, or you can use services like HM Courts & Tribunals Service for £20. You can also register its location with the National Will Register. Just make sure your executors know precisely where to find it!
Types of Will (At a Glance)
It’s worth noting that there are different types of Wills, depending on your circumstances:
- SingleWill: This is the most common type of Will. Individuals use it to outline their final wishes, such as who they’d like their assets to be passed to, funeral arrangements, and care for children under 18. It’s perfect for simple estates or if your wishes differ from those of your partner.
- Mirror Will: Popular for couples, these are two separate but nearly identical legal documents that reflect each other’s wishes. Typically, when one partner dies, the estate passes to the surviving partner, and then to the specified beneficiaries after the death of the second partner. They rely on a high degree of trust, as each partner can change their Will independently.
- Trust Wills: These are for more complex arrangements. They can help with Inheritance Tax planning, making specific provisions for vulnerable adults or children, or protecting property value for future generations. There are various types, such as Discretionary Trusts (where trustees manage inheritance for those incapable of managing finances) or
Property Trusts (enabling you to specify who benefits from your share in a property, especially if you've remarried).
- Living Will (Advance Decision): While not related to your assets, a living will (also known as an advance decision) is a written document that allows you to express your future care preferences. It can be used to inform healthcare workers of any medical treatments you wish to refuse if you’re unable to make decisions or communicate your wishes. Definitely worth considering alongside your main Will!
For complicated family or business arrangements, especially for us surveyors, it is advisable to seek professional advice to ensure you choose the best type of Will for your needs.
Lasting Powers of Attorney—Don’t Forget!
While you’re in this forward-thinking frame of mind, it’s also an excellent time to consider putting Lasting Powers of Attorney (LPA) in place if you haven't already. An LPA allows you to nominate a person or people to make decisions on your behalf should you become unable to make such decisions due to an accident or illness.
If you don't have an LPA, your loved ones may have to go through the Court of Protection process, which is often very costly, incredibly slow, and highly stressful for everyone involved. Nobody wants that added burden on their family!
DIY or Solicitor?
Now, the world is awash with cheap online will-writing services, and they can be tempting. However, beware: they’re not always suitable for the purpose, and hidden storage fees can accumulate over time. While online Wills can be legally binding if all conditions are met, using the wrong wording could mean your instructions aren't followed, or your Will isn't valid.
A good solicitor, on the other hand, can sort everything for around £200–£300 (which, let's face it, is less than you’d pay to replace a few roof tiles, let alone secure your business's future!). If your affairs are simple, a reputable online service
might work, but for most business owners or people with anything even slightly complicated, professional advice is a must. You don’t have to use a recommended firm—choose someone with good experience.
Summary and Next Steps
So, if you do nothing else this week, please take the time to consider your Will. For the cost of a nice meal out, you’ll save your family years of hassle and potentially a small fortune.
Here’s your quick checklist:
- Begin by compiling a comprehensive list of all your assets and debts.
- Decide exactly who gets what (and don't forget the family dog and that TikTok account!).
- Consult a professional, especially if you have a business or a complex family situation.
- Review your Will whenever life changes significantly.
- And for us surveyors, critically: don’t forget to check your run-off cover and business continuity plans!
Remember: A Will isn’t really about you. It’s your final, profound act of care and kindness for those you leave behind.
Further Reading & Resources:
Click the hyperlink below for access.
Ready to start? Over 60% of UK adults don’t have a Will—don’t be part of the statistic. Book a consultation today or at least jot down your assets this week! Would you like to know more or have questions? Leave a comment or share your own experience below—sometimes the best lessons come from others’ stories!
Andrew McColl, RPSA Chairman, Surveyor, Husband, Father, Grandfather and someone who finally got round to doing his Will (and slept better for it).
Audio overview (slightly cheesy), but useful Click Here
New video overview of the basics - New trial.
