Essex & Suffolk Wills Ltd, Habendum House, 1-2 High Street, Colchester, Essex. CO1 1DA
Tel: 01206 615254 Email: info@essexandsuffolkwills.co.uk
© 2008 - 2022 All Rights Reserved
Registered in England and Wales Company No: 06740848
WHAT HAPPENS IF I DIE WITHOUT
MAKING A WILL?
A Will is about having your say after your death about who will care for your children and inherit your property and wealth. If you were to die intestate (without a Will) you will not have a say. Instead the Government will decide who will inherit your estate in accordance with the antiquated Laws of Intestacy.
DOESN'T MY SPOUSE GET
EVERYTHING WHEN I DIE ANYWAY?
If you were to divorce your spouse, family law would be applied by the courts and it is likely that your spouse could be awarded half of your estate. However, if you were to die, strict property law is applied to administer your estate. As from 1st February 2009, if you have children a spouse is entitled to only £250,000 from your estate and a life interest in the profits from half of the remaining estate.
I AM NOT MARRIED BUT I COHABIT
WITH MY PARTNER - WHAT WILL
HAPPEN TO MY ESTATE?
Unless you make a Will your partner will not be entitled to keep anything owned by you.
WHAT WILL HAPPEN TO MY
CHILDREN IF I DIE AND HAVE NOT
NAMED GUARDIANS IN A WILL?
If you do not make provision for young children, then upon your death the children would be placed in the care of the local authorities which could be immensely upsetting and disruptive for them. The courts will then decide who is best placed to look after the children and it may be someone that you would not have picked yourself. The guardians will have the right to decide on the child's upbringing, health care, religion and education.
Something to think about?
If, one month ago, you died suddenly without writing a will.
- Who would now have your money?
- Who would be looking after your children?
If you are not happy with your answer to either of these questions - or if you would like help working out the answers - DON’T hesitate to call us...
A WILL CAN ALSO:
- Prevent the entire value of your home from being taken to pay for Care Home fees leaving none to pass on to loved ones?
- Allow you to make provision for a disabled child after your death and prevent them from having their benefits taken away?
- Allow you to leave a loved one some money but ensure that it is given to them in small amounts or when they really need it - to avoid it being ill-used; or if they are on State benefits, to avoid them being penalised for having a large inheritance?
- Ensure that your spouse is provided for during his/her lifetime but after his/her death ensure that your children inherit your wealth and NOT your spouse's new partner/ spouse?
If you would like this extra power, we can arrange for your will to include a trust.
See ‘Trusts’ or for more advice call:
01206 615254
WITHOUT A WILL YOU CANNOT:
- Have a say in who will inherit your property and wealth.
- Choose the people you trust as your executors to carry out the instructions in your Will.
- Choose the people you trust to be guardians to your children.
- Create trusts to protect any vulnerable loved ones who you may leave behind.
- Choose someone to look after a loved pet.
- Give personal specific gifts
- Give cash gifts to your grandchildren or charities or to anyone you wish
- Give funeral wishes