Currently more than 28 million people in Britain have not made a Will. The troubles created for families when loved ones die intestate, without a drafted Will, far outweigh the ease with which your family can be provided for upon death.

Wills are essential when deciding the future of your estate. Those of you yet to consider why Wills are so important should consider the following reasons:

• Rules of Intestacy

Under the intestacy rule, if you do not make a Will your possessions may not go to the people you would like to benefit from them.

Only those who are married or in civil partnerships, and close relatives, may benefit under rules of intestacy. The rules of intestacy do not recognise a so called “common law” husband or wife or other partner including same sex partnerships. If you are a couple who have lived together for many years, your partner may be left with nothing if you have not made a Will.

• Issues concerning your children

If you have not drafted a Will, there is no clear way of knowing who you would like to care for your children. Disputes over who should look after your children and any assets left to them can easily arise and be very distressing. By drafting a Will, you can appoint guardians to look after children and trustees to take care of their finances responsibly.

• Why pay the government money it doesn’t deserve?

If your estate is worth more than the Inheritance Tax Threshold (currently £325,000) loved ones could pay tax at 40% on inheritance following your death. While £325,000 may seem like a large sum, once your home, car, household items and other personal property is taken into account the number soon becomes a reality. A carefully planned Will can save a significant amount of tax.

• Family finances

To lose a loved one is difficult enough but to sell the family property or move house to cover tax advances or requests from beneficiaries can also prove to be emotionally draining.

Drafting a Will allows you to properly plan the financial future of your grieving family and establish the best possible footing upon which they can continue their lives.

• Trust your ‘Executors’

You want to leave your estate in the hands of those capable of performing your wishes. By appointing an executor you can be safe in the knowledge that your wishes are carried out by a trusted individual.

• Have a say in your funeral arrangements

No one wants to envisage their own funeral but your wishes may not be known unless you write them down. Executors, relatives and friends all need support during such a difficult time and by clearly stating your funeral wishes you can assist them.

• Keep information up-to-date

A Will should always be re-drawn at the time of divorce, even when re-marriage is not contemplated, so that those important to you throughout life are always taken care of.

Ultimately, drafting a Will gives everyone piece of mind. Family loss is tragic and the stress of financial planning and estate provision is best performed when all opinions can be considered.

For help deciding your future and that of your family, contact Fosters solicitors who can guide you through the legal issues and personal queries that surround probate. It’s never too early to plan for life without loved ones, but it can often be too late to make decisions once they are gone.

To make a Will or to discuss any of the issues raised in this feature, contact Fosters Wills, Trusts and Probate solicitors Trina Worden on 01603 723781 (email tworden@fosters-solicitors.co.uk) or Stuart Williams on 01603 723723 (email swilliams@fosters-solicitors.co.uk)