BLB Solicitors
BLB Solicitors
  • Home
  • COVID-19 Hub
  • Services for You
    • Residential Property
    • Leasehold Property Rights
    • Property Dispute Resolution
    • Divorce and Family Law
    • Lifetime Planning and Wills
    • Probate and Estate Administration
    • Personal Injury Compensation
    • Medical Negligence
  • Services for Business
    • Commercial Property
    • Commercial Property Disputes
    • Company & Commercial
    • Estate Management
  • Locations
    • Almondsbury
    • Bath
    • Bristol
    • Bradford on Avon
    • Swindon
    • Trowbridge
  • About Us
    • Our Team
    • Working for BLB
    • How we work
    • Making Payments
    • Instructing BLB
    • Terms of Business
    • Complaints Policy
  • Blog
  • Contact Us
Private Client Feb 27th, 2019
Must make a Will

Do I Need a Will?

Swindon Wills and Probate solicitor Megan Miller explains why it is very important to have a Will, particularly if you own your own home, are cohabiting or have a young family.

Common Misconceptions

According to various sources, somewhere in the region of 60% of adults in the UK die without a Will – referred to as ‘dying intestate’. This is surprising, given the number of common misconceptions about what happens if you do not have one.

My spouse will inherit everything

Many people assume that if you are married and do not have a Will, your spouse will receive your entire estate on your death. This is not always true. If your estate is larger than £250,000 and you have children, your children will also automatically take a share. To ensure that everything passes to your surviving spouse on your death, having a Will is essential.

The myth of the ‘common law’ husband or wife

Many people believe that if you live with your partner the law recognises them in the same or in a similar way to a spouse. That is totally incorrect. The term ‘common law’ spouse is a total misnomer and if you are not married or in a civil partnership, you have no automatic right to each other’s estate.

Whilst it is possible for a partner to make a claim against an estate for lack of financial provision, this is sometimes far from straightforward and can be expensive. By simply providing for your partner in a Will, you can be sure that they will not be in financial distress after your death.

The Intestacy Rules

If you do not have a Will, statutory rules will automatically take effect on your estate. These govern which of your family members will inherit from you. These ‘intestacy rules’ can be read here.

These very inflexible rules do not always suit the modern family. These days, second marriages are common and it is an increasing concern of our clients to ensure that children from previous relationships are protected when it comes to their inheritance. Having a well drafted Will can set your mind at rest that your whole family will be well looked after once you have gone.

Other benefits

Minor Children

Within a Will, parents can appoint Guardians to care for any children who are under 18. This is extremely important as without an express appointment in your Will, a dispute may arise among surviving family members. To avoid any dispute, it is best to make the appointments in your Will so that those left behind know and respect your wishes.

Inheritance Tax

Finally, having a professionally drafted Will can help to reduce the amount of inheritance tax payable on your estate. At a meeting with a member of our team, they will explain the current inheritance tax legislation to you and, if it might affect your estate, advise you on how to minimise the amount payable.

Contact

To discuss any issue regarding making a Will, please contact Megan Phillips on 01793 615011 or email her at megan.miller@blbsolicitors.co.uk

Megan Miller
Make an Enquiry

Recent Stories

  • What is the 7 year rule in Inheritance Tax?
  • Can a right of way be removed?
  • Charitable gifts and Inheritance Tax
  • Access to a neighbour’s property for maintenance: what are my rights?
  • Warehouse lease: negotiating heads of terms

Newsletter Sign-up

* indicates required

Share this article

You may also like...

  • Sep 11th, 2017
    Retired Senior Court of Protection Judge criticises LPAs
    Read Article
  • Feb 28th, 2019
    Solicitors for the Elderly member urges Swindon residents to check eligibility for LPA refund
    Read Article
View All Related Articles

Get in-touch today

Contact Form

Left Column

Right Column

Centre

 
Sending
  • Bristol

    0117 905 5308
  • Bath

    01225 462871
  • Bradford on Avon

    01225 866541
  • Swindon

    01793 615011
  • Trowbridge

    01225 755656
  • Almondsbury

    0117 905 5308
Authorised & Regulated by Solicitors Regulation Authority (No. 636644)
©2021 BLB Solicitors | Terms | Privacy | Legal