Over the last 25 years that I have been in practice the answer to whether you need a will has changed somewhat.
Years ago, with the family consisting of Mum, Dad and 2.4 children the answer was often that it sometimes didn’t really matter too much. After all, the rules of intestacy for many people meant that if they passed away then their spouse would inherit everything and if their spouse had already passed away then everything would be divided equally between their children.
However, society has changed in the last 25 years. Let’s just consider a few situations where a will is highly recommended:
- Are you married? If a couple are living together but not married or in a civil partnership, then their estate does not automatically pass to the survivor. It is true that if you have been living together for more than two years as Husband and Wife (even though you are not married) then you can make a claim for reasonable provision from the estate. But who wants to go to court to do that. Better to have a will that makes everything clear.
- How do you own your property? If you own your property in joint names that often it will pass automatically to the surviving joint owner but this is not always the case. Several years ago a Husband passed away tragically leaving his wife and his two children surviving him. His property was owned in his sole name and he died without a will. The rules of intestacy at the time meant that his spouse only received part of his estate as the value of his property exceeded the statutory legacy that his spouse was entitled to receive on his death. If he had a will then this could be addressed very simply.
- Do you and your partner have children from previous relationships? Often, couples may have children together but also have children from previous a previous relationship. This can make things complicated. Should their estate pass absolutely to their spouse who is the stepparent of their children. Taking proper legal advice in this situation is imperative. Property can be owned jointly but as Tenants-in-Common so that a deceased partner’s share can be held in trust for their children whilst the surviving partner is granted a right to live in the property for a period of time or for the rest of their lives. This takes care of the surviving partner and the deceased partner’s children balancing everyone’s interests.
The answer is simple – make sure you have a valid will prepared by someone able to give you the advice that you need.
At Kundert Solicitors we are able to provide a service that will give you the peace of mind to know that your family will not face any difficulties that could easily have been avoided through a professionally drafted will.
Paul Hughes
Partner – Head of Wills and Probate