By Samantha Pettersen, Associate Solicitor at Goughs Solicitors
Many of my clients ask the same questions and have the same queries about Wills, why they need them, what happens if you don’t have one, can certain individuals be left out, does everything have to be given in equal shares and more. Here I address these queries so you can start to consider how you would want things to be left.
Why should I make a Will and what happens if I die without one?
If you die without leaving a Will, there are strict ‘Intestacy Rules’ in place that deal with the distribution of the money, possessions and property. These rules are not necessarily going to reflect how you want your estate to be dealt with. If you have specific wishes as to who benefits from your estate, you need to express this in a Will.
Having a Will is also a good way of making arrangements for the care of your child(ren). You can appoint a Guardian who will step in to look after the child(ren) in the event that both parents die before the child(ren) are 18.
The Intestacy Rules do not make provision for partners or stepchildren, so if you would like either to benefit from your estate, you need to note this within a Will.
My partner and I are separating, what will happen with my Will?
Divorce does not revoke a Will, instead your former spouse will be treated as if they have predeceased you and any gift to them will not take effect. If you should be separating from your partner or spouse, you should review any existing Will or make a new Will, particularly if there are children involved.
Can I leave someone out of my Will?
In England and Wales, you have ‘testamentary freedom’ which means that as citizens we are entitled to leave our estate to whomever we please and we are not ‘forced’ to pass our estate on to our children, dependants or the state.
You can therefore decide to include or exclude anyone. However, if someone feels they should be entitled to part of your estate, they can bring a claim. The likelihood of success will depend on the circumstances and will be decided by a Judge.
If you were to leave someone, such as a child, out of your Will, we would recommend you write a ‘Letter of Wishes’ explaining your reasons. The Court will take this into consideration.
What happens if I get married?
Marriage voids a Will, so it is very important if you have a Will to remember to get it updated either before or after your wedding!
I can always draft a Will to be in anticipation of marriage, if the date is imminent, which will mean it will not be void once the marriage has occurred.
How can Goughs help me?
The team and I at Goughs are highly experienced Will writers. We realise that no two situations are ever the same, so we take the time to get to know you, enabling us to fully understand your wishes and doing everything possible to ensure they will be carried out on your death.
Call or email me to discuss your requirements today on 01380 736656 email hidden; JavaScript is required