Where there's a will, there's a way!

Santa may be bringing your child their favourite toys this Christmas, but what would the law be bringing them if you passed away without making a will? 

If you are, what has been dubbed in modern times as, a “blended family”, you may well be thinking about who will be spending time with whom over the festive period and how to make it fair. But have you thought about who would be receiving what, should something happen to you?  

If you do not have a will in place, your estate (what you own and owe at the time of your death) will be distributed according to the Rules of Intestacy. Where your assets go will depend upon your situation and the size of your estate. For example, if you are married or in a civil partnership and your estate is worth £270,000 or less, everything will go to your spouse or civil partner. This may be what you want, but what if you have a child from a previous relationship? That child would not receive anything. You may not see this as an issue as you might feel that your spouse or civil partner would include your child as though their own; but what if something should then happen to them and they haven’t got around to making a will themselves? What was yours is now theirs and again, their estate would be distributed in accordance with the Rules of Intestacy. Applying these rules to their estate, your child from your previous relationship would not be entitled to anything.

How do I provide for my spouse/civil partner or my children from a previous relationship?

The above question may be one that has crossed your mind, and it may have left you feeling torn. It could be enough to put you off planning, but there is a way to provide for both parties using a specific type of will. 

Most people’s biggest asset is their home. If you and your spouse or civil partner own a home together, you may wish for your interest in that property to pass to your children from your previous relationship, but without your current spouse or civil partner losing the right to remain in their home.  So how does that work? Well, “where there’s a will, there’s a way”! By speaking to one of our Wills, Trusts and Probate specialists, you can be guided through the process of how to best put your wishes in place.