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An important subject, often at the back of the queue.

I know what you're thinking. Andrew's lost the plot, going on about Wills. Isn't this something you put off until you're at the 'cruises and croquet' stage of life?

But here's a secret from a building surveyor who’s seen it all: buying a house is often the single biggest financial commitment you'll ever make. It's the perfect time to get your affairs in order. A new house, a new mortgage, maybe a new partner or children—these life changes are exactly when a Will becomes the most essential bit of admin you'll ever do for your family, your peace of mind, and your new home.

A quick heads-up—this blog reflects my personal experiences and opinions as a practising surveyor and business owner. I am not a legally qualified professional, so this is not intended as legal advice. Always, and I mean always, consult a professional for your own specific circumstances. But if you want to spare your loved ones a massive headache after you're gone, please do read on. You'll sleep easier—just like I did once I finally got mine sorted!

Let’s Be Honest: Dying Without a Will Is Unfair to Your Family

Yes, I'm going there! It may sound a bit brutal, but if you truly care about anyone—or anything—you'll do them an enormous favour by putting a Will in place. Too many people think, "Well, I’ll be gone, let them sort it out."

Honestly, that’s a bit like buying a beautiful new house and then just walking away from the completion, leaving someone else to deal with the monumental legal and financial clean-up. The mess here could mean painful legal wrangles, shock tax bills, or even the loss of your home. So, if you don’t fancy being remembered as the person who left everyone in a pickle, here's precisely why you must get your affairs in order when you're buying a house.

Seven Unpleasant Consequences of Dying Without a Will:

If you die without a valid Will, you’ve died 'intestate', and your estate becomes subject to strict legal rules. These rules dictate how your estate must be distributed, and they may not reflect your wishes at all.

1. Uncertainty for Your Children: If your children are under 18, you can nominate their legal guardian in your Will. If you don’t, the family courts might choose someone you disagree with. Also, if you want to provide for stepchildren or foster children, you absolutely need to write them into your Will, as they have no legal right to inheritance unless legally adopted.
2. Your Partner Might Get Nothing: Unmarried partners are not entitled to anything from your estate by law (unless you are registered civil partners), regardless of how long you've been together. If your new home is solely in your name, your partner may not even have the legal right to reside there. A proper Will is crucial to ensure they’re provided for.
3. The Law Decides Who Gets What (And It’s Not Always Who You’d Expect): As mentioned, the laws of intestacy kick in if you die without a Will. This could mean distant relatives inheriting everything, while your partner, friends, or those charities close to your heart receive absolutely nothing. If you want your home and your assets to go to those who truly matter to you, you simply must get it in writing.
4. Family Feuds Ahoy! A well-written Will can help prevent family arguments from those who are left behind. No Will often means a greater risk of arguments, contests, and old resentments resurfacing amongst your remaining family members. A clear Will lays out your wishes, taking out the guesswork and hopefully, the squabbles!
5. The Wrong Person Runs the Show: In your Will, you name an 'executor' who will be in charge of carrying out your instructions. If you don't name one, a probate court will appoint someone. Imagine the least financially savvy person you know managing your new house and life's savings!
6. Big, Unnecessary Tax Bills: A Will can help with Inheritance Tax planning. If everything is left to a partner or spouse, there is often no Inheritance Tax to pay. But get it wrong, and your loved ones could face hefty tax bills, or even a forced sale of the family home just to cover the tax. It's always worth consulting a qualified solicitor or independent financial advisor about this.
7. Outdated Wills Can Trip You Up: This one requires you to have already made a Will, but it's just as important! Did you know that marriage revokes an existing Will (except in limited circumstances), meaning your previous Will would be invalid? Divorce also affects how ex-partners are treated, as your current Will would treat an ex-spouse as having predeceased you. So, whenever your circumstances change – new relationships, new children, a new home – review your Will!

Don’t Forget Your Digital Life and Assets

It's not just about bricks and mortar anymore, is it? Most of us lead increasingly digital lives, and we really need to consider our digital legacy. Think about it: photos, music, videos, online accounts, emails, even cryptocurrencies! Some of these assets can be left in a Will, but many are actually controlled by internet service providers’ terms and conditions.

Did you know Google’s Inactive Account Manager and Apple’s Legacy Contact lets you pre-plan access? These tools can be incredibly useful. You need to decide what you want preserved or deleted and, crucially, tell someone (securely!) where everything is kept. It’s not just for sentimental reasons either—sometimes there’s serious financial value in those digital assets.

How to Get Started (In Plain English)

It really doesn't have to be a daunting task. Here's a simple breakdown of how to approach it:

• List What You Own (and owe): Before you even speak to a solicitor or professional Will writer, they’ll expect you to have a rough idea of what you own and what it’s worth. This includes your new house, savings, cars, investments, personal items, pensions, and, of course, your business if you own one. And be honest about any existing debts—mortgages, loans, overdrafts—as they matter too.
• Decide Who Gets What: This is the fun part, in a way! Think about family, friends, any charities, and any specific gifts you want to make. You can specify the age at which young beneficiaries receive their share.
• Choose Executors and Guardians: Pick someone you trust implicitly to carry out your wishes and manage the process. If you have children, this is also where you name guardians for them.
• Make It Legal: For your Will to be legally valid in England and Wales, you must be 18 or over, make it voluntarily, be of sound mind, and make it in writing. You must sign it in the presence of two witnesses who are also 18 and over, and then have those two witnesses sign it in your presence. Crucially, your witnesses (or their married partners) cannot receive anything in your Will.Warning: If any of these steps are missed, your Will could be invalid, leaving your estate intestate. During Covid, temporary rules allowed remote witnessing (e.g., via video), but these exceptions have now ended—always verify current requirements. Please note that different rules apply in Scotland and Northern Ireland.
• Store It Safely: Once written and legally signed, you need to store your Will somewhere safe. Most solicitors and professional Will writers will offer a storage service, or you can use services like HM Courts & Tribunals Service. You can also register its location with the National Will Register. Just make sure your executors know precisely where to find it!

Lasting Powers of Attorney—Don’t Forget!

While you’re in this forward-thinking frame of mind, it’s also an excellent time to consider putting Lasting Powers of Attorney (LPA) in place if you haven't already. An LPA allows you to nominate a person or people to make decisions on your behalf should you become unable to make such decisions due to an accident or illness.

If you don't have an LPA, your loved ones may have to go through the Court of Protection process, which is often very costly, incredibly slow, and highly stressful for everyone involved. Nobody wants that added burden on their family!

Summary and Next Steps

So, if you do nothing else this week, please take the time to consider your Will. For the cost of a nice meal out, you’ll save your family years of hassle and potentially a small fortune.

Here’s your quick checklist:

• Begin by compiling a comprehensive list of all your assets and debts.
• Decide exactly who gets what (and don't forget the family dog and that TikTok account!).
• Consult a professional, especially if you have a business or a complex family situation.
• Review your Will whenever life changes significantly.

Remember: A Will isn’t really about you. It’s your final, profound act of care and kindness for those you leave behind.

I know, I know. This probably isn't what you expected to read from your building surveyor! My job is to protect your new investment from the ground up, but a house is more than just bricks and mortar. It's the foundation for your family's future, and that includes protecting them from the unexpected. By sorting out your Will now, you're not just doing a chore; you're taking a vital step to ensure your new home is a safe and secure place for everyone you love, no matter what tomorrow brings. After all, a good survey is about spotting potential problems, and this is one problem you can fix before it ever happens.