Why a Will is the Most Important Document You'll Write
If you’re like most people, you may not have given much thought to creating a Will. It’s easy to put off, but having a Will is crucial to protecting your loved ones and assets after you pass away. In this blog post, we’ll explain why you need a Will and how RJM Solicitors can help you create one.
1. Control over your assets
Having a Will gives you control over how your assets will be distributed after you pass away. Without a Will, the law governs how your assets will be distributed, which may not align with your wishes. By creating a Will, you can ensure that your assets are distributed according to your wishes and in a way that makes sense for your family.
2. Protect your loved ones
A Will can provide protection for your loved ones after you pass away. It can specify who will be responsible for your children if you pass away and how they will be taken care of. A Will can also help prevent family disputes and ensure that your loved ones receive their fair share of your assets.
3. Plan for taxes
A Will can also help you plan for taxes after you pass away. If you have a large estate, a Will can help you minimise the tax burden on your beneficiaries by specifying how your assets should be distributed and taking advantage of tax-saving strategies.
4. Peace of mind
Creating a Will can provide peace of mind knowing that your wishes will be carried out after you pass away. It can also provide comfort to your loved ones knowing that they are taken care of and that they don't have to navigate the probate process alone.
5. Common Misconceptions
Absence of a Will leaves a person’s estate in a state of uncertainty and subject to intestacy law that dictate how assets are distributed after death. Unfortunately, misconceptions surrounding the legal implication of dying without a Will often prevail, leading many to believe in false notions about the fate of their estate. The following a the most common misconceptions:
Without a valid will, the estate will be distributed according to a predetermined order of succession, which prioritises spouses, children and other blood relatives. Therefore, if you are Married/Civil Partnership and without a Will your whole estate will go to surviving spouse/civil partner.
It is a common misconception that cohabiting partners will automatically inherit a portion of the deceased's estate if no will is in place. In reality, under intestacy laws unmarried partners, including cohabiting partners, are not recognised as legal heirs. As a result, cohabiting partners may find themselves receiving nothing from their deceased partner's estate, causing financial and emotional hardships.
Another prevalent misconception related to not having a will is the belief that stepchildren will automatically inherit a portion of the estate. Unfortunately, intestacy laws generally do not recognise stepchildren as legal heirs, meaning they would not be entitled to inherit assets in the absence of a Will. This can create significant challenges and potentially leave stepchildren without any inheritance, even if they have been an integral part of the family.
A misconception that can have far-reaching consequences is the belief that an estranged spouse and estranged children will not automatically inherit the estate in the absence of a Will. In reality, intestacy laws generally prioritise legal spouses and biological or adopted children when distributing assets. Even if there is a strained relationship or estrangement, the laws may still grant them a significant share of the estate. This can be distressing for those who have severed ties or have complex family dynamics.
A misconception that can have far-reaching consequences is the belief that an estranged spouse and estranged children will automatically inherit the estate in the absence of a will. In reality, intestacy laws generally prioritize legal spouses and biological or adopted children when distributing assets. Even if there is a strained relationship or estrangement, the laws may still grant them a significant share of the estate. This can be distressing for those who have severed ties or have complex family dynamics.
There is a prevalent misconception that if you are unmarried and own a property with your partner as "tenants in common," the house will automatically pass to the surviving partner in the event of your death. However, this is not the case. When you own a property as tenants in common, each partner owns a specific share of the property. In the absence of a Will, the deceased partner's share will not automatically transfer to the surviving partner but will instead be subject to the laws of intestacy. This means that other legal heirs, such as children or family members, may have a claim to the deceased partner's share of the property.
Why You Need a Will: A Comprehensive Guide from a Leading UK Law Firm
In conclusion, a Will is an essential document that everyone should have. It gives you control over your assets, protects your loved ones, saves time and money, plans for taxes, and provides peace of mind. Don't wait until it's too late - create a Will today to ensure that your wishes are carried out after you pass away.
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Disclaimer: The information on the RJM Solicitors website www.rjmsolicitors.co.uk is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact info@rjmsolicitors.co.uk.