Posts tagged “Wills”

The nine-year-old who got nothing – the parents of a young child divorced, and both later remarried. Just a year after remarrying, the mother died, leaving her nine-year-old child behind.  
 
Of course, losing a young woman in her forties was a shock for all the family. However, what hadn’t been realised is that marriage cancels existing wills
 
Strictly, the mother’s new husband could claim her entire estate, and he did. Although attempts were made to secure some of the mother’s estate for the child, they were unsuccessful. The child grew up to be a lawyer, but never forgot the impact this experience had on her. 
More than half of the UK’s parents don’t have a valid Will; either they don’t have one at all or it’s out of date. 
 
Why is having a valid Will important for parents? 
If your children are under 18 you can name guardians and say what you want to happen to them if you die. If you don’t do this, the family courts might have to decide what happens to them. 
 
If you aren’t married to your children’s other parent, or you have a civil partnership, they won’t be entitled to anything when you die, unless you have included them in your Will. If you have any step-children, they won’t inherit anything either unless they are provided for in your will. 
 
When someone dies the process of releasing their assets is called probate*. This must be completed before beneficiaries can receive their share of the estate. 
 
The exception is when all the property is jointly-owned and money passes to a spouse or civil partner. 
 
If you are dealing with probate for the first time this can all be quite daunting, so here are some things you might want to know. 
Writing a will is important and should be taken seriously, but from time to time people have taken the opportunity to make some unusual requests. Here are a few examples of some strange requests made in wills. 
Whether you’re just starting your business or thinking about retirement, it’s well worth spending some time to plan what you would like to happen when you die. 
 
What type of business do you have? 
If you are a sole trader or you control all of the shares in your company, you don’t need to consult anyone else.  
 
However, as a partner or a shareholder in a limited company, you will need to take your partnership or shareholders' agreement into account. If you want to make changes you will need to agree the new terms with the other people involved.ick on this text to edit it. 
When you have taken the time to make your will you’ll want to be sure your your wishes are going to be carried out. 
 
Unfortunately, there are a number of things that can make all or part of your carefully considered will invalid. 
 
If your will is not legally valid your estate will be shared out under the rules of intestacy, which will not necessarily be as you would wish. 
In Britain we’re not very good at talking about one of the few life events that we can be sure about. Our death. 
 
It’s good to talk 
Even though almost one third of us say that we think about dying once a week, we don’t talk about it, explain our wishes to our loved ones or make any plans. 
 
The hospice and neurological care charity, Sue Ryder, is encouraging people to talk to those closest to them about their own death. 
Those of us currently leading active, healthy lives can look forward to living for many more years than earlier generations. 
 
However, the Alzheimer’s Society has recently published figures showing the number of people living with dementia will more than double in the coming decades, partly because we are all living longer. 
In June a couple succeeded in their legal bid to have civil partnerships recognised for heterosexual couples. 
 
The Supreme Court said the Civil Partnership Act, which currently applies only to same-sex couples, is incompatible with the European Convention on Human Rights. 
 
However, the judgement doesn’t mean that the government will have to change the law. 
When you’re heading into your later years, one concern that will probably persistently niggle at the back of your mind is the risk of dementia. 
 
Steps to prevent dementia 
In an ideal world we could all delay or avoid the onset of dementia entirely. 
 
There is now a new national plan for family doctors to assess your dementia risks as part of the NHS health check, which is offered to patients aged between 40 and 74. You will be asked about your current lifestyle and be advised about steps you can take to reduce your level of risk. 
 
 
 
 
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