There is no particular age at which you should make a Will, but important milestones are a good place to start. This includes buying a house and having a child.
What age can I make a Will?
In England and Wales, you must be at least 18 years old to make a Will. There is no upper age limit. However, you must have sound ‘testamentary capacity’. This means that you know the extent of your Estate, and that you understand the implications of the terms your Will.
When should I make a Will?
There is no definite answer. But it’s important not to leave it too late.
Remember, we never know what life has in store. Should the worse happen, you may die intestate, meaning your Estate is distributed according to the laws of intestacy. This may not align with your personal wishes.
Alternatively, you may suffer an injury or illness which affects your mental capacity. If so, the option of making a Will is no longer open to you. Instead, the law will decide how your Estate is divided when you pass away.
You’re not too young
You may feel that you are too young to make a Will and that’s it’s best left until later life. But so long as you are over the age of 18, you are not too young to make a Will. Ideally, you should make a Will as soon as you own any significant assets (such as a house) or you have a child.
You should also update your Will regularly throughout your life, particularly when your circumstances or wishes change. Typically, this happens after you have children, the assets in your Estate grow, or your relationship status changes.
Important life milestones
In fact, there certain milestones in life which should prompt you into making/updating your Will, if you haven’t already done so. These include:
· Having children, including adopting children
· Buying a house or receiving an inheritance
· Getting married or entering into a civil partnership
· Getting divorced
Making a Will is important when you have children because it allows you to name legal guardians for them. These people will care for your children, if you and the other parent die. You can also set up trusts and other protective mechanisms for them.
If you buy a house, receive a substantial inheritance or hold any other significant assets, a Will allows you to name beneficiaries. That way, you can ensure your assets are inherited by the right people. Otherwise, you may accidentally disinherit those you love most.
It is very important to note that marriage invalidates any previous Wills, while divorce cancels any gifts made to your ex-spouse. Both scenarios should prompt you to update your Will, or your wishes may not be fulfilled.
Drafting your wills
Everyone’s situation is different, but the sooner you make a Will, the sooner you can rest assured that your wishes will be carried out after you’re gone. If circumstances change in the future, you can always update your Will accordingly.
If you would like to make a Will, please call us on 0191 567 7244 and we’ll be happy to help you.
If you would rather contact us online, email us on demi@cooklaw.co.uk and one of our team will be in touch with you shortly.