Mark Cannon, solicitor in the Wills and Estate Planning team at Napthens solicitors, reports an increase in queries from clients who are concerned their assets may not go to the correct person if they die – as they do not have a Will.

Mark warns that without a Will, a spouse or civil partner may not get all the deceased’s estate, and in a situation where a couple is simply cohabiting, a partner may not be entitled to anything at all.

He warns that creating a Will is vital, as without one the state will dictate what will happen to assets – something that might be contrary to the deceased’s wishes when they were alive.

Mark explained: “If an individual dies without a Will it can create a lot of unnecessary heartache.

“The state will decide what happens to assets, and while in many cases this is perfectly acceptable, I have dealt with cases where a spouse or partner has been left short and needed to remortgage their home because no Will was in place.

“If a Will is in place, it takes the decision making process away from the state and puts it in the hands of the one person able to properly make the decision.”