Jill didn't make a will

By THIS IS MONEY
Updated: 19:00 EST, 6 July 1999

Murdered television presenter Jill Dando left more than £1 million but no will. One in three people in Britain fail to make a will - a costly and heartbreaking experience for those left behind.

Because the 37-year-old Crimewatch presenter died so suddenly, without having time to make a will, government rules on inheritance tax mean her family will lose more than £200,000 to the taxman. Also, the state does not recognise many modern relationships: for example Miss Dando's fiance, Alan Farthing, who she was due to marry later in the year, is legally entitled to nothing. Yet making a will costs little and is relatively quick.

Papers released show that because Miss Dando, who was shot on the doorstep of her Fulham home on 26 April, left no will, administration has been granted to her brother Nigel Dando, chief reporter on the Bristol Evening Post.

This Is Money shows you how to make a will and leave your posessions to those you love.

Making a will is the only way to make sure that you choose who gets what when you die, as well as giving you the opportunity to appoint appropriate guardians for your children if you die while they are still young.

Can I make my own will?
Yes. You can buy preprinted will forms from stationers very cheaply. But it is much safer to get a will drawn up by a solicitor, as a home-made will can create major problems after your death unless you leave very clear and specific instructions.

What sort of instructions should I give?
First, say that this will revokes all others, even if you have never made a will before. This makes it clear to your heirs that there are no other wills. Name the people who will be executors and look after your affairs after your death.

State whom you want to benefit from your will and say that they will inherit the remainder of your estate (which includes your money, property and other possessions) after any specific bequests of money or possessions. If the beneficiary of a specific gift dies before you, the gift will become part of the remainder of the estate unless you specify that it should go to someone else.

Put in precise details about all beneficiaries, including their full name and relationship to you, and be specific about any possessions you leave to particular people.

Say what will happen if any beneficiary dies before you.

Who can witness a will?
Your will is only valid if witnessed by two independent people, who must both sign at the same time. You should not ask your husband or wife to be a witness. It is important to choose people who will not benefit from your will to be witnesses. Witnesses' husbands or wives must not benefit either. In Scotland, where the law is different, you only need one witness.

How much will it cost to use a solicitor?
It depends on the work involved, but you can expect to pay between £75 and £125 for a simple will. It is essential to use a solicitor if your affairs are at all complicated.

Who should I appoint as executors?
One or two of your immediate relatives or close friends are the ideal choice. Most people choose their spouse as one of their executors, but it is best to have at least two in case one dies before you. Make sure you get their agreement before naming them in your will.

Executors can also be beneficiaries under your will.

If your estate is a large one, you may want a professional, such as a solicitor, accountant or bank manager. But check the charges, because these can mount up alarmingly. Banks have been known to charge as much as 5% of the total estate. An alternative is to appoint only non-professional executors and to include a clause permitting the employment of a professional for part of the work if required. This leaves the choice open to family who may save some or all of the potential fees. Once appointed, an executor cannot be dismissed short of evidence of serious misconduct.

What happens if I get married or divorced?
Your will becomes invalid when you get married or remarried and will need to be revised. Divorce does not automatically make a will invalid, but you will probably want to make changes. In either event, if you need to make big changes you should make a new will, revoking the original one. Otherwise you can make minor changes by adding supplementary codicils. These must be properly witnessed, but the witnesses need not be the same as for the original will.

Can't I just alter the original will?
No. You should never make alterations on the original document. Any change must be by codicil or a new will.

What happens if I don't make a will?
You die intestate and your property will be divided up according to strict rules. These take no account of modern life, leaving stepchildren and unmarried partners with no provision at all. Even your own children could end up with nothing if you are no longer married to their father or mother.

This is because your current spouse inherits the lot if you die intestate leaving less than £125,000. Children or grandchildren only get a look-in if your estate is worth more than £125,000.

If you are married with no children, your spouse is entitled to at least the first £200,000 and all the personal possessions. Anything else is divided between your spouse and your parents, or nearest relative.

If you are unmarried and have no close relatives, you risk your estate going to distant relatives, or even worse, to the state. This is true even if you have lived with a partner for years - legally, they are not automatically entitled to your assets.