Making a Will may be more important than you imagined.
You may be surprised by the way in which
your estate will be
administered if you die without a Will.
If you wish to protect any of the following
important people in your
life it is paramount that you consider making a Will sooner rather than later.
YOUR YOUNG CHILDREN
It is important that every parent considers who would be responsible for their children's upbringing in the event of their death. The only way to protect your children's future is to choose a legal guardian(s) to be responsible for them in the event of you dying while they are under the age of 18. If you were to die without appointing a legal guardian this decision may be left with relatives or may even result in conflict between relatives necessitating the intervention of the court.
YOUR CHILDREN OF EARLIER RELATIONSHIPS
If you do not make a Will your current spouse may receive most if not all of your estate under the intestacy rules. These rules do not take into account the more diverse modem family dynamics. Therefore, your children from an earlier relationship could be left with nothing. In the absence of a Will there is nothing to compel your spouse to provide for your children from previous relationships following your death. We can advise on the ways in which the needs of your spouse and children can be reconciled and catered for in an even handed manner.
The law does not provide the same rights and protection for partners as it does husbands and wives. The concept of a "common law husband or wife" is a myth which is not recognised by the law. Therefore, your partner may be left with nothing following your death unless you have made a Will.
Marriage automatically cancels any Will you have made previously unless a contrary intention appears in that Will. If you do not make another Will following marriage your estate will be distributed in accordance with the INTESTACY rules which could mean your spouse may not even be entitled to live in your family home.