What if I die without a will?
Creating a last will and testament ensures peace of mind and the ability to set out your wishes. If you die before making a will, then the Intestacy Rules will dictate which of your relatives receives your property – this might not be what you or your loved ones want. If you are unmarried, your partner will not receive anything under the Intestacy Rules. A simple will would protect them from this harsh result.
Should I get a living will instead?
By a “living will” we mean a lasting power of attorney. A living will should not be confused with a will (or last will and testament). A living will merely sets out what your wishes would be concerning (a) your medical treatment, and/or (b) the management of your finances and other property, while you are alive in the event that you have lost mental capacity to make your own decisions on your health or property. A living will does not deal with what happens to your property on your death, nor would it deal with appointing a guardian for any of your children who are under age 18 at the date of your death. Therefore you still need a will.