This is an article written by our expert Private Client solicitor, Cheryl McSheen-Bailey. Cheryl is one of MENCAP's preferred solicitors for the West Midlands and Warwickshire area.

Everyone knows the mantra, "you should make a will", yet surprisingly, a staggering 60% of adults in England and Wales die without one.

Over the years I have heard countless reasons for why people do not make wills. The most common being:

• "I have not got anything to leave"
• "I'm afraid that if I make one, I'll tempt fate"
• "I just never got round to making one"
• "It's too expensive."

"Will it be your "will" or the "will" of the Government who decides who benefits from your estate?"

As a solicitor specialising in this area of law for more than 10 years, I have witnessed the devastating consequences for loved ones, when someone dies without making a will. Often important decisions, such as who will look after infant children or who will benefit from the estate, are left up to the courts to decide. This can prove to be a costly and emotional experience when already grieving the loss of a loved one.

So if you do not make a will, what happens? Simply it's the "will" of the Government known as the Intestacy Rules that comes into play. The application of these strict, archaic and unyielding rules can sometimes result in your loved ones receiving a smaller portion of your estate or nothing at all.

The procedure for making a will can be a relatively straightforward and inexpensive way to guarantee that your wishes are carried out when you die. The following provisions can be included:

• The appointment of a guardian for your infant children
• Your funeral wishes
• Suitable provision for unmarried partners as contrary to popular belief, unmarried partners do not automatically benefit from your estate
• Protective provisions can be made for members of your family who may have health or financial problems. This can ensure that their inheritance is ring fenced and goes to them instead of others
• Special provisions to aid with the reduction of long-term nursing home fees.

The art of will writing however can be complex, yet despite this many turn to the homemade wills market. These wills are frequently fraught with problems of their own, especially when the strict rules regarding the execution of wills are not followed.

"The use of two different coloured blue ink pens rendered the will invalid."

I have advised on cases where a beneficiary was completely disinherited because he acted as a witness. I also advised in another case where a homemade will was rendered invalid simply because two different coloured blue pens were used in its preparation. Cautionary and sobering tales one might say and an indication as to why it is always better for your will to be prepared by a qualified practitioner.

I realise that whilst many of you may not feel comfortable in making a homemade will, and instead you might seek out and employ the services of a will writing company.

"Make sure the person who prepares your will is both regulated and insured."

You should always ensure that the person who makes your will is both regulated and insured. By doing so, this will guarantee the peace of mind in knowing that any complaint, regarding the advice or any losses suffered by your estate, will be compensated.
A recent BBC Panorama programme examined will writing companies and how they conduct their business. They found the following:

• Unlike solicitors, many will writing companies are not regulated or insured resulting in no redress for the beneficiaries deprived of their inheritance
• If you appoint a will writing company to be the Executors, your family may incur additional legal fees for this service
• If the will writing company ceases to exist, the chances of finding them, and in some cases your original will, is practically reduced to nil. This is different to a firm of solicitors, who can always be traced through the Law Society or the Solicitors Regulation Authority.

"Have you already made a will that is stuck away in a dusty drawer?"

Finally, if you are within the 40% that have already made a will, I find more and more, that old wills are often not up to date and do not reflect current circumstances. This is equally as problematic as when a will is not made at all. For this reason I always recommend that your will should be reviewed on average, every three to five years.

So if you have never made a will, or made one many years ago or have even made one recently with a will writing company and just need that peace of mind, please contact our dedicated and professional team at QualitySolicitors Forum Law for an initial no obligation chat without delay, as we are here to help.

For more information please contact me at cheryl@forumlaw.co.uk or on 0121 506 8191.