Last week it was revealed that the One Direction star Liam Payne, who tragically died at the age of 31, left a £24 million fortune without having a will. The incident has raised the importance of making wills, but should having a legally binding last testament be mandatory for adults? Two lawyers argue both sides.
When people think about organising a will, many have the opinion that it doesn’t matter, that they’ll be dead, so why should they care?
But this is the wrong way to think about it. Surely you would want some kind of control over what happens to your money so that it can help the people you love, or bypass the people you don’t.
If wills were mandatory, in the vast majority of cases, this wouldn’t happen.
Sebastian Burrows says dying without a will means that what we want will be ignored
We live in a country where intestacy laws apply if someone dies without a will. The state dictates where your assets go and then takes a nice chunk of tax on top. Only if we make a will can we have certainty about exactly where our money goes.
Fatal illnesses, car crashes, accidents, relationship breakdowns and divorce — these things all happen. None of us is invincible and we have lives and homes, and children, relatives and friends that we love.
Dying without a will means that what we want will be ignored. Making wills mandatory will ensure that dying wishes are not ignored, no matter how old you are when you die.
• Here’s why you need to write a will
If you and your long-term partner live together but don’t marry, legally you’re unconnected when it comes to deciding how your estate is dealt with. Without a will the only connection will be property that you jointly own. This means that even if you wanted them to have much of your estate after you die, your partner could be left with very little.
You may well want to give your house or other parts of your estate to your children, especially if they’re from a previous relationship. Without a will, who would know this? Instead, your children may be left with a complex legal situation to unravel.
It’s not just about money, houses and tax, either. Provision and plans for children and stepchildren can be covered in wills too. Not having a will making clear who you want to look after your children when you die could result in long drawn-out court processes that could be traumatic for them.
Wills are not just about money, they protect our loved ones and ensure that our wishes are heard when we can’t voice them. Wills may be boring but they make a difference. Mandatory will-making would save heartache and protect many people who are worthy of our thoughtful planning.
No
Jade Gani, the chief executive of Circe Law and director of the Association of Lifetime Lawyers, which provides legal advice to older and vulnerable people
Having seen the problems that arise when people don’t make a will, I strongly encourage everyone to do it, but I don’t believe that it should be compulsory.
Making a will is an important step for everyone. It gives people control over what happens to their assets after they have gone, and ensures that their wishes are carried out.
As a director of the Association of Lifetime Lawyers, I’m proud to work with the UK’s most qualified solicitors in supporting older and vulnerable people to gain peace of mind by getting their affairs in order. But compulsion is not the answer. Forcing people to make a will could backfire badly.
Jade Gani says people shouldn’t feel pressured into making decisions
If people feel pressured into ticking a box, many will go for the cheapest, fastest option, often using unregulated companies or turning to AI. That risks a wave of invalid or poorly drafted wills, leading to exactly the confusion and costly disputes that we all want to avoid.
• ‘Mum’s will didn’t count, now we inherit only £9k’
Rushed or overly simplistic wills, drafted by non-experts and without strong case notes in place, will lead to increases in abuse and undue influence, particularly where an individual is vulnerable.
It is inevitable that it would lead to an increase in disputes. Instead of protecting families, mandatory wills could end up hurting them. The consequences of poorly drafted wills can be disastrous and distressing — I have seen this happen.
There’s also the issue of personal choice. Whether or not to make a will is a personal decision, and people should have the freedom to decide for themselves.
Then there’s the emotional reality. For some, particularly those who are vulnerable, being required to confront their own mortality can be distressing. That’s not something we should enforce by law.
And, practically speaking, how would this even be policed? Will we monitor who has one and who doesn’t? Are we going to fine people who haven’t written a will by a certain age? It’s an intrusive and unenforceable idea.
Yes, we need to raise awareness, and we need to make wills more accessible and less daunting. But making them mandatory is a step too far.
