“But I don’t need a Will”
A Will ensures the people you care about are provided for when you die but there are still many people who do not have a Will.
“But I have been with my partner many years and we live together”
Unmarried couples and partners who have not registered a civil partnership have no legal status in the eyes of the law.
This can leave the surviving partner with many issues on the first death. Especially if there are children involved or if you have been separated from a spouse and gone on to live with another but not legally divorced – just to name two examples.
Solely owned property is distributed under the laws of intestacy. This could lead to property being sold to pass to the deceased’s children or other family members. Your partner may also not get a say in funeral arrangements.
A Will removes the uncertainty of your partner’s status.
“But I’m married I don’t need a Will”
The short answer is yes you do.
It can get very complicated if a spouse dies without a Will in place and there are children involved/or it is not their first marriage.
What if you both were to die leaving behind children who are minors.
“But I made a Will before I was married”
Marriage revokes a Will. You must ensure you make a new Will.
If you remarry and then die without having a new Will in place, any children from a previous marriage may be disinherited and your new spouse will benefit first under the laws of intestacy.
This means that your spouse will receive a higher sum from your estate before your children receive their share. Alternatively, your children may be disinherited entirely depending on the value of the estate.
“But there’s the rules of intestacy”
Whatever your marital status, if you die without a valid Will, the statutory rules of intestacy take over your estate. No one in your family will have a say on how your estate is distributed.
The simplest and most effective way to protect your family’s future is to make a VALID Will. Wills ensure your specific wishes are carried out.
It is important to seek professional advice to avoid any complications when administering your estate when you die.
Contact our experienced Wills and Probate team at any of our offices across the East Midlands
