Sarah Begley looks at the importance of making a will and highlights some of the pitfalls lurking for DIY-ers

DESPITE the benefits of having a will, most people die before making one.

This means they die "intestate", which can cause distress to surviving family and friends and their estate will pass in accordance with the Rules of Intestacy and not according to their wishes.

Making a will is relatively straightforward and inexpensive and it can be tempting to go to a local stationer, buy a will template and have a go at doing it yourself.

However, a will is a legal document which must be done correctly. If a will is made or signed incorrectly, it could be invalid and it can also cost a great deal of money to sort out a will that is contested, so unless you are sure of what you are doing, get expert advice.

If you care about your property after you die you should make a will. In particular, it is important to make a will if you are not married to your partner because the law does not automatically recognise partners as having the same rights as husbands and wives.

Even if you and your partner have been living together for many years, your partner could be left with nothing if you have not made a will.

And a will is vital if you have children or dependants who may not be able to care for themselves. Without one there could be uncertainty regarding who would look after them after your death.

When you make a will you are exercising control over your assets, dividing them among your loved ones as you wish and keeping them out of the Government's hands.

A will also gives you the opportunity to make individual bequests of specific sums of money (pecuniary legacies) or possessions (specific legacies) to chosen individuals.

When you come to make a will it will be necessary to appoint an executor who is responsible for dealing with the wishes set out in your will. They do not need any legal training but it can be a demanding role. Choose somebody you trust and make sure they are happy to take on the responsibility.

If you are setting up a trust in your will, perhaps to save inheritance tax or to look after young children, your trustees should be chosen with care. And it is also important to deal with the "residue" of your estate.

This is what is left over after payment of specific and pecuniary legacies and payment of any debts. If you do not dispose of the residue, the rest of your estate could be dealt with under the Intestacy Laws.

* Martin Tolhurst has branches in Gravesend, Longfield, Strood, Chatham and Ashford. For an appointment call Rachel Smith on 01634 290080.