Most people know they should make a will, but it is easy to put off. Without one, the law in Northern Ireland decides who inherits your estate, and the result may not be what you would have wanted. A will also lets you choose who deals with your affairs, who looks after your children, and how your home and savings are passed on. This guide explains why a will matters, what happens if you do not have one, and the main points to think about when planning your estate.
Why make a will?
A will is a legal document that sets out what should happen to your money, property and belongings when you die. It allows you to:
- Choose who inherits, including people and charities who would not inherit under the default rules
- Appoint executors you trust to deal with your estate
- Name guardians for any children under 18
- Leave gifts to children or grandchildren in a way that protects them, for example in a trust until they reach a certain age
- Record your wishes about your funeral
What happens if you die without a will?
If you die without a valid will, the law describes you as having died 'intestate', and your estate is shared out under fixed rules that apply in Northern Ireland. The rules follow a strict order of family relationship and take no account of your wishes or circumstances:
- Spouses and civil partners. A surviving husband, wife or civil partner is entitled to a fixed sum and a share of the rest of the estate, but may not receive everything. Where there are children, the remainder is divided between the spouse and the children.
- Unmarried partners. A partner you live with but are not married to, or in a civil partnership with, has no automatic right to inherit, however long you have been together.
- Stepchildren. Stepchildren do not inherit under the rules unless they have been legally adopted.
- Wider family. If there is no spouse, civil partner or child, the estate passes to other relatives in a set order, such as parents, then brothers and sisters, then more distant relatives.
A family member or dependant who has been left without reasonable financial provision may be able to bring a claim against the estate, but these claims can be stressful, slow and costly for everyone. A clear, up-to-date will is the simplest way to avoid them.
What makes a will valid in Northern Ireland?
For a will to be valid, it generally needs to be:
- In writing and signed by you, while you are 18 or over and have the mental capacity to understand what you are doing
- Signed in front of two witnesses, who are both present at the same time and who then sign it themselves
- Made freely, without pressure from anyone else
A witness should not be someone who benefits under the will, or the husband, wife or civil partner of someone who benefits, as they can lose their gift. Home-made and online wills can fall down on these basic points, often in ways that only come to light after death, when it is too late to put them right.
Planning your estate
Estate planning means looking beyond a single document at how your assets will pass on, and how your affairs will be managed if you are ever unable to manage them yourself. Points to consider include:
- Choosing executors. Your executors carry out the instructions in your will. You can appoint family members, friends or a solicitor, and it is sensible to name a replacement in case your first choice is unable to act.
- How you own your home. If you own your home with someone else, the way it is held matters. Property owned as joint tenants passes automatically to the surviving owner, whatever your will says. Property owned as tenants in common allows each owner to leave their own share in their will.
- Property trust wills. A property trust will can leave your share of the family home in trust, so that your spouse or partner can continue to live there for the rest of their life, with your share passing to your children afterwards. This can help protect your children's inheritance, for example if your surviving spouse later remarries.
- Inheritance tax. Inheritance tax may be payable on larger estates. Gifts to a spouse or civil partner are generally exempt, and there are allowances that can reduce the tax due. The rules are detailed and do change, so it is worth taking advice if your estate may be affected.
- Enduring power of attorney. An enduring power of attorney lets you choose someone you trust to manage your property and financial affairs if you lose the ability to do so in the future. It can only be made while you have capacity, so it is often best arranged at the same time as your will.
When should you review your will?
A will should be reviewed every few years, and whenever your circumstances change. In Northern Ireland, getting married or entering a civil partnership will usually cancel an existing will, unless it was made with that marriage in mind. Divorce does not cancel the whole will, but a former spouse will usually be treated as if they had died before you, so gifts and appointments in their favour will not take effect. Separating without divorcing does not change your will at all. It is worth reviewing your will if:
- You marry, enter a civil partnership, separate or divorce
- You have children or grandchildren
- You buy or sell a property
- An executor, guardian or beneficiary dies, or your relationship with them changes
- Your finances change significantly, for example through an inheritance or the sale of a business
Making a will is one of the most practical things you can do for the people you care about, and with the right advice it is usually straightforward. Our estates and wills team helps clients make wills, plan their estates and put enduring powers of attorney in place, from our offices in Newry, Belfast and across County Down. If you are dealing with the estate of a family member who has died, our guide to probate in Northern Ireland explains what to expect.
This article is general information about the law in Northern Ireland and is not legal advice for your situation. For advice on making a will or planning your estate, speak to one of our solicitors. Call your nearest office or send an enquiry and a member of our team will be in touch within one working day.
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