I sat with two brothers last month. They were not speaking. Their father, a skilled carpenter, had died six months earlier. He left behind a workshop filled with specialist tools, a collection of antique furniture he had restored, and around £50,000 in savings. The argument was not about the money.
The father had made no will. Under the rules of intestacy, his estate was to be divided equally between his sons. A simple calculation. But you cannot saw a workshop in half. The elder son had worked alongside his father for 15 years, expecting to take over the business. The younger son had been promised the furniture collection. Without a will, these were just words. The law is a blunt instrument. It forced a valuation and liquidation of all assets. The workshop was dismantled. The tools were sold to a stranger. The brothers lost their inheritance, and then they lost each other.
The Cost of Assumptions
The father likely believed his estate was not large enough to need a will. A recent US survey found 40 percent of people feel the same way, that they simply do not have enough assets. This is a profound misunderstanding. People underestimate the value of what they own, but more importantly, they mistake financial value for what actually matters. Your estate is your car, your books, your grandfather’s watch. It’s the things that carry your story. A will is not an instrument for the wealthy. It is an instrument for the thoughtful. It provides clarity when clarity is needed most.
A Mechanism for Control
Intestacy provides a mathematical formula. A will provides control. It allows you to protect specific assets from being sold. The workshop could have been placed into a trust for the benefit of both sons, with clear instructions for the trustees. The will could have granted one son the option to buy out the other's share at a fair, pre-agreed valuation. The furniture could have been gifted as a specific legacy. These are the legal mechanisms that preserve relationships, not just assets. They turn assumptions into certainties.
We cannot get back what those brothers lost. But we can help you prevent it from happening to your family. If this is a conversation you need to have, we are here.
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Written by Sean Kiani, Estate Planner at Inheritance Made Simple. Sean writes and reviews the firm's guidance on estate planning, wills, trusts and inheritance tax, and works with families across Bournemouth, Poole, Dorset and Central London. Verify Sean's Society of Will Writers membership listing.