The importance of having a Will

Jayne Smith, retired probate solicitor, talks about her career helping people write a Will and what can happen if you don’t have a Will when you die.

Introducing Jayne

“I was born and grew up in Nottingham.  I was the first person from my family to go to university.  I studied Law and French in Manchester, returning to Nottingham to do my Law Society final exams.

I trained at a local firm called German and Soar. Two years after qualifying, I was asked to open an office in Wollaton where I practised for over 30 years.  I became a partner in the firm soon afterwards and after several mergers, the firm is now known as Rothera Bray.

I was the Head of the Wills and Probate Department with responsibility for over 20 lawyers and paralegals.  I dealt with Wills, probate, trust and inheritance tax issues along with Powers of Attorney and Court of Protection cases.  I was really proud to get a Lifetime Achievement Award from Nottingham Law Society in 2022. I retired from practice in May 2023.”Throughout my career, my driving force has been a passion to help people, especially in the most difficult times of their lives. I’ve met so many different people and have even supported several generations of the same family over the years.

How many Wills have you helped write during your career?

If I had to make a guess, after 40 years in practice, I would say it would be in the region of 7,500!

Supporting Treetops Hospice

Rothera Bray supported the Treetops Hospice Free Wills scheme for many years, and I was asked to do a talk at Treetops about the benefit of making a Will. I prepared my presentation ‘Confessions of Probate Lawyer’ and have spoken several times to supporters.

When I first visited Treetops, I was hugely impressed with the friendliness of the staff, the calm atmosphere, and the grounds.  Since retirement, I have had more time to devote to good causes and I jumped at the chance to become involved with Treetops. I am a Treetops Patron and also a member of the Treetops Development Board.I really enjoy delivering my talk and I get really good feedback. I like to see the reactions I get from my stories and anecdotes which are entertaining and thought-provoking. Lots of people have come up to me afterwards to say they learned something new, and it’s been a good prompt for them to do something.

Why is having a Will so important?

For me, there is no better way to make things easier for your loved ones when you die.

If there is no Will, they are left with the uncertainty of not knowing your wishes and of your estate being distributed in accordance with the rules set out by the Government.

What can happen when you don’t have a Will?

If you don’t make a Will, then you have no say in who gets what when you’re gone, and the Government decides for you. The rules also set out who can administer the estate.

One of the common misconceptions I used to hear was when people would say to me: ‘I’m married so I don’t need a Will. My spouse will get everything’. This is not always true. If you are married or in a civil partnership and have children, then the spouse or civil partner is only entitled to the first £322,000. The children get half of the rest, and the spouse or civil partner gets the other half.

If there are no eligible family members to inherit, things can get extremely complicated.

I came across the case of a 50-year-old woman who was an only child. Both her parents had died. Although she had been in a relationship with her boyfriend for over 20 years, they did not live together, and they were financially independent. She died suddenly and there were no eligible family members to benefit. Her entire estate of over £1.2 million went to the Government. Her boyfriend said that they had talked for years about making Wills but never thought that this could happen, and they had just been too busy.

A lot of people also used to say, ‘I’ve not got anything of value to leave in a Will, so I don’t need one’. If you listed all your personal belongings, you might be very surprised!

Charities also don’t receive anything from an estate unless there’s a legacy in a Will, or a donation is made by the solicitor dealing with an estate.

What’s the most memorable Will you’ve come across e.g. an unusual bequest?

We once had a client who left a sum of money to her executors to be used to provide flowers for her and her parents’ graves on specific dates – birthdays and anniversaries – for as long as the funds lasted.

Free support with writing or updating your Will

As your local hospice we know that making a Will is one of the best things you can do for your family. It means that, after your death, your wishes are clear. We can support you, whether you’re just starting to think about your wishes, or if you’re making or updating your Will because of changes in your life.

Gifts in Wills help provide care for up to two in five of our Hospice at Home patients. Leaving a gift to Treetops will help continue our vital work.