Helen Kernot, solicitor in the Wills and Estate Planning team at Napthens solicitors, Blackpool, points to new statistics from the Probate Service.

The Probate Service monitored the number of grants of probate being issued by the Probate Registries over 2008. A grant of probate allows the estate to be administered by the executors. The study showed that in 2008, 61 per cent of people died without having made a Will.

The figures – put together by comparing the number of deaths in England and Wales during 2008 and comparing the figure to the numbers applying for grants of probate – mean three in five people die without a Will, or intestate.

Now Helen, an expert in the field and a fully qualified member of STEP – the Society for Trust and Estate Practitioners – says this situation causes heartache and family arguments, along with other difficulties.

She said: “A properly drawn Will should deal with matters such as who will be the executors and who will benefit from your estate but it can also answer vital questions such as who would look after children, deal with business interests, who the deceased would like to receive personal possessions, and confirm funeral wishes.

“Someone dying intestate can be very traumatic for the surviving relatives, as the law will simply divide the estate up according to situation such as marital status and whether children are involved.”

Helen added: “Even when a Will has been made, it is important to regularly review it to account for changes in asset values, death or illness of a chosen executor or beneficiary, and changes in family circumstances for example; marriage or civil partnership revokes a Will.”