23 Oct 2023

Why your benefits package should include a will writing service

Many employees are unaware of what will happen to their assets when they die - and it may not be what they want or expect

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According to research by Canada Life, 33% of adults aged 55 and over don’t have a will, and 41% aren’t worried that they don’t.

24% believe they do not have enough assets or wealth to warrant a will
17% believe loved ones automatically inherit their wealth regardless of their will status
15% of people believe it costs too much to write a will
14% wouldn't know how to write one

Opting for free will writing services in your employee benefits packages may make the process more accessible – and help make the inheritance process much smoother.

Not just for the rich

Regardless of how much you own, your bank balance, whether you have dependents or pets, you should write a will. The process doesn’t have to be confusing, costly, or final. You can change your will at any time, provided you are of sound mind and not under duress.

Not having a will means there is no guarantee that your wishes will be granted when you die. And if you don't, your loved ones may have to pay to settle your affairs. This process can be lengthy, stressful and expensive.

If you die without making a will

‘Dying intestate’ is the term used when a person dies without having a will in place. Technically, your loved ones are likely to inherit your estate without a will, but there are strict rules, or laws, that determine how your assets and/or wealth are distributed.

The Intestacy law priority order for asset distribution is as follows:

Your partner inherits everything if you are married without children.
When you are married with children, your partner receives everything up to the value of £250,000 and half of anything above this. The other half will be divided equally between the children.
If you are unmarried with children, your children will receive everything divided equally between them.
If you are unmarried without children, your assets will be divided equally between one of the following groups (listed in priority order):
Parents
Siblings (nieces and nephews if your siblings are deceased)
Grandparents
Aunts/uncles

The most challenging area in intestacy law is for people living with a partner they are not married to or in a civil partnership with. As a result of these laws, they won’t be entitled to the inheritance irrespective of how long they have lived together. Non-biological children are not entitled to the inheritance either unless they have been legally adopted.

If no relations are found, all assets will be inherited by the Crown.

A will is necessary if you are planning to leave any assets to those you aren’t related to, such as friends. If a will has not been created by the time of death, they will not be able to make any claims on your estate. Intestacy law cannot be challenged.

Dealing with the estate

Probate is the legal right to deal with someone’s estate after they have died. A probate needs to be applied for. You may not need to apply for probate if the person only had savings or they had joint shares, joint savings or were a joint owner/tenant of land or property (the surviving party inherits by default unless stated otherwise).

The probate application can be made by the executor of the will. The closest living relative can submit an application if a will was not created.

Free/affordable will writing services

Charities often offer free will writing services or DIY kits. Most of these are legally sound, including a solicitor, specialising in wills, to assist you. While there is no obligation, most charities hope that you’ll make a donation or leave a bequest in your will.

These services often do not cover complex wills including business owners, owners of multiple properties, properties outside of the UK or having many family members planning to claim your estate.

Workplace benefits make wills more accessible. In offering free or inexpensive will writing services, and educating employees on the importance of having a will, Avantus can help take the pressure off of administration when dealing with a loved one’s death so there is one less thing to worry about.

If you’d like to enquire about including will writing services to your flexible employee benefits, please contact us.