Family Planning Starts Here with WillPlan
New ParentsTwo Thirds of people in the UK never get round to making a will. Most of us mean to, but think we’re too young or too healthy to worry about it yet, or it seems too morbid to think about. Many of us also assume that, if the worst did happen, the law would ensure our belongings went to our loved ones anyway. But unfortunately this is not the case for many of us, particularly for unmarried couples.
If you have children you need to make sure that you’ve appointed a guardian to look after them if you (and anyone else with Parental Responsibility) die, and ensure they will be provided for financially.
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In your will you can state any wishes you may have about your funeral and who you want to be involved. This might be very important if your blood relations don’t like or accept your partner. You can leave some types of tenancy to people in your will, to protect your loved ones from having to find a new home after your death. It’s also important to bear in mind that none of us know how we will die. Your family may be entitled to compensation, a death-in-service payment, or an insurance pay-out. If you don’t make a will, this too will go to your blood relatives, not your partner.
If you’re not married to your partner (or have not formed a civil partnership) and you die before you make a will, your partner won’t automatically inherit anything from you. It doesn’t matter how long you were together. It doesn’t matter how committed you were. Instead the law dictates that everything will go to your nearest blood relative, regardless of your wishes. In fact if you don’t leave a will, the Crown is more likely to automatically inherit from you than your partner!
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Not just for the rich
Many of us tend to assume that wills are just for rich people, with plenty of money to leave and an extended bickering family to fight over it. But they aren’t. It’s important that you make a will for other reasons: In your will you give particular people the right to sort out your affairs. This isn’t exactly a fun job but many people find it a comfort when they are grieving, as it’s the last thing they can do for their loved one. Other people find it difficult and stressful. For this reason it’s best that you choose somebody. Without a will, it will automatically be your nearest relative.
Sticky situations
There are a number of sticky situations that frequently happen because people don’t make a will. The most common occur when:
 You are still ‘technically’ married to somebody else
If you are separated but not yet divorced from a previous partner, they will inherit the bulk of your estate. They would get your personal possessions and the first £125,000 (plus a life interest in half of anything that is left) – even though you’d probably want this to go to your current partner or your children.
Your children will only get something if your estate is worth more than £125,000.
And your unmarried partner, as always, will get nothing.
You have children, a partner, and aren’t married
If you have children (and aren’t married, or are divorced) the whole estate will be divided between your children. This may seem good on the face of it, but could cause real problems between your children and your partner. The children would own any savings, your personal belongings, and possibly even the home; your partner would have no right to anything. If your children are still under 18 they wouldn’t be able to negotiate a change, so your partner would face the choice of fighting them for a share of your estate in court, or get nothing. We might like to think our partner and children will always treat each other in the way we would like, but we can never be sure what will happen in the future. Even if you wanted your children to inherit the whole of your estate, there are better ways of doing it – perhaps a trust that would ensure your partner had some income, or the right to stay in the home for the rest of his/her life.
Your partner has children
All your biological and adopted children are treated equally in the eyes of the law, so they will all inherit from you whether they come from a current or previous relationship. Your partner’s children are not included, no matter how much you may think of them as “yours”. If you would like them to have a share in your estate, you need a will.
You haven’t appointed a guardian
If you have children under the age of 18, and are the only person with Parental Responsibility for them, you need to appoint a guardian. If you don’t do this it will be very hard for people to know what you wanted to happen. With all the goodwill in the world, your family and friends could fight over what to do and damage their relationships and your kids could end up being raised by someone who you wouldn’t have chosen.
The Willplan WayYou can make a Will Online Instantly, The Will is checked by a Professional, We will bind the Will and send it to you, We will help you get the Will signed, We offer a free storage facility, We have a Free Telephone help line with real people.
Peter Hoare ASWW
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