Most people at some time in their lives will consider putting their affairs in order but, unfortunately, the thought often passes without further action.
There are of course the normal excuses of ‘I’m too busy’, or ‘I don’t plan on dying just yet!’, but we find for many clients, the reason they had not got around to making a Will, is because they were not aware of the severe consequences for their family if anything was to happen to them, as they had wrongly assumed that everything would be OK.
However, if you care about who inherits your estate, then you need to have an up-to-date Will.
Dying intestate (with no Will or an invalid Will) can cause many issues, including:
- The Court will appoint Administrators who will take responsibility for getting together all the deceased’s assets and making sure all the debts are paid before distributing the estate.
- The surviving spouse may not automatically inherit everything from the deceased.
- If the deceased and their partner were not married then the surviving partner has no right to inherit anything.
- If there are minor children in the family, it is not the parent’s choice who cares for their children – it becomes the responsibility of Social Services.
- The deceased’s estate will be shared out according to strict divisions within their family and the deceased cannot decide to increase the benefit to one person or exclude another from benefiting without a Will.
- Relying on family members to “do the right thing” is often a bad policy and can cause big family rifts.
We often meet clients who have a Will, but it is out of date or irrelevant. It has to be the right type of Will – one that is properly drafted to take account of your current and future wishes and your personal and financial circumstances.
Do call us if you would like to know more or need help with drafting your Will, we can put you in touch with a friendly local solicitor to help.