Ed Sheeran has recently spoken about his burial plans and the importance of having a Will, due to him having friends who passed away without having one in place.
In a GQ interview, Sheeran was asked about the crypt he was rumoured to have built on his estate. He responded by saying that it was more of a chapel than a crypt and that he had a lot of people in his life who had passed away and were then cremated, so he wanted a place to mourn them. He further commented that when the chapel was being constructed, he decided that he wanted to be buried there, so his children could go there to remember him:
“It’s a hole that’s dug in the ground with a bit of stone over it, so whenever the day comes and I pass away, I get to go in there…
“People think it’s really weird and really morbid, but I’ve had friends die without wills, and no one knows what to do.”
In addition to burial issues and disputes following the death of a loved one, the cost of sorting out their estate when they haven’t left a Will can be expensive in time, money, and heartache. Despite this, many people in England still don’t have Wills in place and their family and friends will have to deal with the potentially difficult legal issues of what happens when they die without a Will at a very emotional time.
Importance of having a Will
Making a Will is something we should all do and certainly before it is too late. Having a Will in place can:
- Divide your assets as you wish;
- Appoint Executors of your choice to carry your wishes out;
- Make your desired funeral arrangements;
- Provide for your children;
- Make gifts to friends and charity;
- Save Inheritance Tax; and
- Help avoid disputes.
If you die without a Will, then in England the Intestacy Provisions set out which of your blood relatives (or your spouse or Civil Partner) inherit in accordance with who has survived you. There is no provision for unmarried partners regardless of how long you have been together or even if you have children together.
In certain cases, a person’s assets can end up being divided between distant relatives who have had little to no contact with the deceased.
Under the Intestacy Provisions, there is also no opportunity to set the age at which you would like children to inherit, leave gifts to friends or to charity, and no ability to give certain personal possessions to specific people.
Sadly, we often see disputes over personal possessions as they can hold so much sentimental value for people. If you make a Will you can set out exactly what items you want to leave to people and help avoid such arguments.
The cost of sorting out disputes can escalate quickly and diminish the value of your estate as can having to sort out an estate where there is no Will and no clear instructions.
If you have already made a Will then we would advise you to keep it under review to make sure that it reflects your current personal and financial circumstances. Key issues to be aware of are an increase in the value of your estate which might lead to Inheritance Tax being payable, marriage or divorce which can in certain circumstances revoke all or part of your existing Will.
How Nelsons can help
Helen Salisbury is a Partner in our expert Wills and Probate team, specialising in Wills, Inheritance Tax planning, administration of estates, grants of Probate, and Powers of Attorney.
At Nelsons, we charge fixed fees for making Wills and offer a range of discounts should you also want to take the opportunity to make Lasting Powers of Attorney at the same time.
If you would like further advice in relation to this subject, please contact one of our team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online enquiry form.
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