Lara Barton comments on the importance of writing a Will in Tatler

Lara’s comments were published in Tatler, 29 November 2023, and can be found here.

Lara Barton, Partner in our Private Client department, stresses that writing a Will should be a priority for everyone, yet many people wrongly assume it’s unnecessary.

In England and Wales, individuals have full testamentary freedom, meaning they can choose who inherits their estate but without a Will, the law decides. Lara also addresses the rise of digital Wills, noting that while they may make the process more accessible, they also introduce risks such as undue influence, particularly for vulnerable individuals. She calls for caution and proper safeguards as the legal system evolves to accommodate digital solutions.

The article features insights from several leading lawyers who highlight the practical and emotional reasons for making a Will. Jan Atkinson explains that intestacy rules can lead to unintended outcomes, especially for those with children or complex family arrangements. Patricia Milner points out that Wills can help mitigate inheritance tax and allow parents to delay access to large sums of money until children are mature enough to manage it. Emma Harris adds that Wills are essential for appointing guardians for minor children, helping to avoid costly and distressing court disputes over parental responsibility.

Common misconceptions are also addressed, such as the belief that everything automatically passes to a spouse, or that marriage doesn’t affect an existing Will when in fact, it revokes it. Emotional reluctance is another barrier, with some fearing that writing a Will tempts fate. While other countries are embracing digital Wills, English law still requires a physical signature and two witnesses. The consensus among the experts is clear: seeking professional legal advice ensures your wishes are respected, your loved ones are protected, and your legacy is preserved.

Read the full article on the Tatler website [external link].