The 19th-century lawyer would find things pretty much as they were if they time-travelled to 2017, but a major change to how people can say what should happen after their death will likely happen soon. If the proposals from the Law Commission get the go-ahead, the law is likely to catch up with technology, and in future, we could see emails and other simple expressions of intention being acceptable.<\/p>\n\n\n\n
But in the meantime, the only way to be sure of what happens after you die is to make your Last will and testament following the formalities that have been in place for hundreds of years. That is particularly important for those who may be living with partners, for whom the current law offers no protection, or where there are young children, for whom the choice of guardians may be important. Yet it\u2019s estimated that around 40% of adults don\u2019t have a last will and testament.<\/p>\n\n\n\n
To be valid, a will must be in writing and signed by the person making the will in the presence of two or more witnesses, who must also sign simultaneously.<\/p>\n\n\n\n
Without a valid will, the division of assets is decided by the Intestacy Rules<\/a> under which, typically, the whole of the estate of someone who dies leaving no surviving spouse or civil partner will go to children, or if they have none, to parents or other family members. If there is a surviving cohabitee, they could apply for \u201creasonable financial provision\u201d under the Inheritance (Provision for Family and Dependants) Act 1975<\/a>, but this is a very slow and potentially expensive option. In the meantime, they may be blocked from living in the couple\u2019s home if it is not held in shared ownership.<\/p>\n\n\n\n