Flint Bishop

Families lose out to ‘Intestacy’ rules

Pictured above: Jean Newton

 

Local law firm, Parkinson Wright LLP, regularly sees families losing out because a deceased loved one did not make a Will.

Jean Newton, Partner and Head of the Private Client Department explains, "In some probate cases a husband or wife has found they will receive much less than they were expecting. If you don't make a Will the "intestacy" rules apply. Most people believe that, if they are married, all they own will go to their husband or wife. This is not always the case. Also, if your spouse dies before you it is likely your children will inherit the estate equally; possibly against yours and your deceased spouse's (unwritten) wishes. If you have neither a spouse nor children you might be surprised to learn which members of your family will become your beneficiaries and this may not be what you want either."

In some cases in Worcester, families have been forced to sell their homes and many others have entered into fierce legal battles with family members. "Time and again we have had cases where the deceased was separated from his or her spouse but not divorced and so the inheritance, under intestacy rules, went to the spouse and not the children. These types of cases are heartbreaking for families and could so easily be avoided." 

Jean continued, "Making a Will can put your mind at rest and is one of life's jobs that must be done.  Throughout June we run a 'Make a Will Month' with a reduced price for single and joint Wills to encourage those who haven't got round to it yet. The best way to organise your Will is to have a face to face interview with your local solicitors who are experienced in drafting Wills."  

Other benefits to writing a Will include choosing who will look after your affairs (the Executors); who will look after money for children (the Trustees) and be the legal guardian to children; second marriage arrangements, children and step-children; protecting disabled beneficiaries; protecting assets if your partner or spouse goes into residential care in the future and advice on Inheritance Tax. 

 

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Article published by Midlands Business News on 31 May, 2011

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