Most people have not made a will.
Only 37% of respondents have made a will, although this
proportion increases with age, with 82% of over 75s having made a
will. Making a will is also related to marital status and financial
worth. Participants in the qualitative study highlighted their
family circumstance and financial wealth as catalysts or potential
prompts to writing a will. They also took into consideration their
risk of death, what they wanted to happen to their belongings after
death and the need for clarity in order to avoid family
arguments.
Back to topThose who have made a will favour leaving their estate to their children or spouses/civil partners.
65% of respondents who had made a will had included their
spouse or partner, while 73% had included their children. Giving
priority to a spouse or partner was regarded by the qualitative
participants at the 'natural thing to do' based on matters such as
the couple's shared life and close relationship. Inclusion of
children was attributed to the significance of lineage and blood
ties as well as a desire to continue providing for children after
death.
Back to topThe study revealed complex attitudes towards testamentory freedom.
Attitudes from the qualitative study fell into three broad
groups: those who favoured complete testamentary freedom, those who
preferred a combination of testamentary freedom with the ability to
challenge a will under certain circumstances, and finally those who
indicated that a will should always be challengeable. Circumstances
in which a will could be challenged were largely based on
principles such as blood-ties, marriage bonds, the relative need of
potential beneficiaries and whether or not a person had contributed
to the estate.
Back to topIn cases of intestacy there is strong support for surviving spouses receiving the majority of an estate, reflecting the current rules.
The majority (63%) favoured a surviving spouse receiving
the entirity of a spouse's estate (rather than it going to a
parent). However, support for spouses was weaker if the deceased
had children. Qualitative study participants indicated that the
importance attributed to spouses was based on the significance of
marriage ties, as well as other factors such as joint contributions
and emotional closeness.
Back to topAfter spouses, support in cases of intestacy was strongest for surviving children, again reflecting current rules.
Although support was strongest for spouses, a substantial
proportion of respondents favoured children receiving something
from the estate. Qualitative study participants said that whether
or not a child should be provided for indirectly (through provision
made to the surviving spouse/partner) or directly, depended upon
how far respondents trusted the surviving spouse/partner to act in
the child's best interests. Where children were to inherit directly
there was a strong view that the estate should be divided
equally.
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