When you die intestate (without a last will in place) there are strict rules as to who can deal with your estate, what happens to your property and who is able to care for your children. Irrespective of your wishes, your spouse or registered civil partner may not automatically inherit your entire estate and there is no provision whatsoever for unmarried partners.
A common mistake is to think that because you do not have considerable savings or property, you do not need to make your will. In fact, the government is encouraging us to write our Wills as young an age as possible especially if we have children.
With a young family if the worst happens, in addition with having to deal with the loss of a parent or parents' children are also faced with other loses to contend with. For example, they may have to move house or change school; they may even be taken in to care whilst social services appoint a suitable guardian. You should appoint guardians in a last Will and testament now if you have children under the age of 18.
It can be upsetting to consider however making plans for a child’s future security is a must for any parent. Whilst it is not possible to fully protect children from these loses, it is possible to take steps to ensure that the devastation caused by the death of a parent or parents is not compounded by uncertainty about the child’s future care or legal and financial complications.
A last will is simply a document in which you state what you would like to happen to your estate (house, savings, car, household and personal effects, proceeds from any life assurance policies and pensions where there isn’t a named beneficiary or the plans are not written in trust less any outstanding loans, credit card balances, mortgages and expenses).
A will also allows you to:
- Decide who you wish to look after your children
- Make provision for your children’s upkeep
- Decide when you want your children to inherit
- Decide who you want to deal with your estate
- Making a will can minimise inheritance tax liabilities
- Ensure monies are available for your guardians
- Provide for an un-married partner
- Decide how you would want your funeral conducted
- Decide who you wish to inherit
- Make donations to charities or associations
Once drafted, we recommend you review your will every five years and after any major life changes; such as separating, getting married/divorced, having a child, or moving house. Changes can be made by ‘codicil’ (an addition, amendment, or supplement to a will) though in most cases we recommend making a new will.
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