During November, advocates Smith Taubitz Unsworth Ltd will be making simple wills in return for a minimum donation to the Clatterbridge Cancer Charity of £100, instead of charging their usual fee.

Advocate Vicki Unsworth here says why it’s so important to make a will.

A common mistake is to think that because you may not have considerable savings or property, you do not need to make a will - everyone needs a will if they own any assets.

If you die without making a will (intestate) the people who inherit your estate are determined by statute.

Modern family situations are not covered by the intestacy rules in the Isle of Man.

In the Isle of Man unmarried partners do not have similar rights on death as married couples, regardless of the length of the relationship, and step children are not accounted for either.

The present rules governing your estate if you die without a will have scant regard for your wishes and often disputes arise between the loved ones of a deceased over family assets.

Inheritance disputes on the island are becoming more common and legal costs incurred in this type of litigation are often significant and achieve little other than ill feeling and a significantly depleted Estate for distribution at the end of the dispute.

Remember also that your will is not simply about deciding who gets what; it is a document that details your instructions and wishes to be followed after you have passed away.

A will appoints people to administer your estate, your executors, who will follow your instructions in accordance with your will.

You choose who takes those important decisions you are no longer around to take.

The best time to start considering making a will is when you buy your first property.

This is particularly important if you purchase a property with another person to whom you are not married.

The legal presumption of ownership of land in the Isle of Man is different to that in England and Wales, which may therefore leave a co-owner having to sell or buy out the other share in the property upon the owner’s death.

There is also the content of the property - you may wish for items to go to a particular relation or friend on your death.

Marriage automatically revokes a will and therefore if you made a will prior to your marriage you will usually need to make a new one following your marriage.

If you have children, then you will need to provide for them - and not just financially.

You will need to consider who will take care of your children in the event of your death and how their needs might be provided for.

If your children are to inherit your estate you will also need to determine at what age they obtain their distribution.

A properly drafted will can provide for all of these. It must be noted also that the wills that can be purchased on the internet and in newsagents are based upon English law and therefore do not cover the Manx position.

It is recommended that proper Manx legal advice is taken with regard to the drafting of a will to avoid complications and possible intestacy following your death.

Such legal advice can avoid expensive disputes and Court involvement following death.

As time passes, you may need to renew your will and it is advised that you regularly review and update your will as your circumstances change.

If you would like to support the work at the Clatterbridge Cancer Charity, contact Vicki Unsworth at Advocates Smith Taubitz Unsworth Ltd on 677888 or by email to [email protected].