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Who Needs a Will?
Why Make a Will?

 


Making a Will is Particularly Important If:

You have young children
The will should be used to nominate a legal guardian, and set up financial arrangements for the children should both you and your partner both die

You and your partner are not married or not in a civil partnership
As the diagram below shows, the law as it currently stands would leave your partner with NO bequest at all, unless the assets are held in Joint names

You re-marry and your estate is worth more than £250,000
If you don't make a Will, your spouse could be forced to sell the family home or other assets to meet the share of the estate that must be paid to other family members

Your estate is significantly over the current nil rate band
If you do not make a will, you can see from the diagram, that your estate may not all go to your spouse.

The diagram below shows what happens to your estate
in England and Wales if you don't make a will

   
Are you Married?
   
   
YES
NO
   
Spouse gets everything
NO
Is your Estate worth more than £250,000?
Do you
have
children?

YES
Shared equally between them. Partner NIL
   
YES
NO
   
Spouse gets first £250,000 and a life interest in half the remainder. Children get the rest (in trust if minors)
YES

Do you have Children?


Do you have parents?

YES
Shared equally between them. Partner NIL
   
NO
NO
   
Spouse gets first £450,000 plus half the balance. Rest shared between parents
YES

Do you have parents?

Do you have brothers
and
sisters?
YES Shared equally between them. Partner NIL
   
NO
NO
   
Spouse gets first £450,000 plus half the balance. Rest shared between brothers and sisters.
YES
Do you have brothers
and sisters?
Do you
have grandparents?
YES Shared equally between them. Partner NIL.
   
NO
NO
   
 
Everything goes to Spouse
Do you have Uncles and Aunts
YES Shared equally between them. Partner NIL
     
NO
   
      Everything usually goes to the Crown. Partner NIL.

Based on current law March 2009

 

Having no Will means:

  • If you are married and have children, your spouse may only inherit half of your estate

  • If you are married without children your spouse may have to share your estate with your mother and father

  • If you live with a partner but are not married, he or she may get nothing at all - whether or not you have children together

  • If you have separated your spouse will still inherit part of your property

  • If you die before your children reach 18 the court will decide who brings them up as Guardians

  • If you have no relatives alive everything goes to the Crown

Making a Will means:

  • You choose your beneficiaries - not the state.

  • You decide who the Guardians of your children will be

  • You make provision for your loved ones

  • You can specify the type of funeral you want

  • You decide who will carry out your wishes after your death. An Executor can be a relative, friend and also a beneficiary

  • You have been organised and thoughtful to the people left behind

  • You may have been able to reduce or avoid the payment by your beneficiaries of Inheritance Tax


Don't put it off any Longer

- A will is not expensive, however it does determine where your estate goes

- If you are living with a partner in a house, they may be forced out - is this what you really want to happen?

- A will can always be changed

- Do seek good legal advice

 


 

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