How old do you have to be to make a Will?

Making a Will is important even when you are young, regardless of how much you have or own

The answer is 18 (or 16 if you are in the armed forces), but most people think that this is a pastime for the elderly. 

If you do not have a Will, then the state decides who is entitled to your estate under the ‘rules of intestacy’: if you are not married, and not in a civil partnership, this is likely to be your nearest blood relative.

There are many good reasons for making a Will when you are young. You do not have to have financial assets – you might have an unmarried partner, a child, a pet, some treasured possessions, or just one very absent parent.

  1. If you were brought up by one parent with no help from the other, do you want to save the parent who brought you up from the pain of having the other one turn up and claim his or her half share, and fight over what sort of funeral you have?
  2. You might want to decide what type of funeral you want – what suits your parents’ generation might not suit you.
  3. If you are living with someone as a couple (but not married) then your partner will not inherit anything of yours on your death. There is no such thing as a ‘common-law’ marriage.        
  4. If you own a property together then it is important to know whether you own it as ‘joint tenants’ or ‘tenants in common’. If you are joint tenants then the survivor owns it outright on your death, but if you are tenants in common then your parents, for example, would own your share jointly with your partner.
  5. If you have a child, then you can appoint a guardian who will look after him or her if both parents die, which may save a lot of family arguments.
  6. If you have a pet, who do you want to care for it?
  7. If you have some jewellery, sporting equipment, or musical instruments, for example, you may have a friend with similar interests who you would want to have them.
  8. If you do have some financial assets, would you prefer your brothers and sisters to inherit, rather than your parents? Some parents of adult children are already moving assets into their children’s names and they certainly do not want them back again!

So, eight important reasons for making a Will when young – and it also gets it over with!

Do contact me if you would like a more detailed discussion or advice – whether young or older.

Author

Anne Dickens, Chartered Legal Executive

Anne Dickens is based in our St Neots office and can be contacted on 01480 702207 or by email at anne.dickens@hcsolicitors.co.uk .

Go back

Share

Subscribe to our RSS feed to receive all of our news updates.

This article has been prepared for general interest and information purposes only; it does not constitute legal advice and should not be relied on as such. While all possible care has been taken in the preparation of this article, no responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by the firm or the authors.