Why do I need a Will?

What happens if I don’t have a Will?

FACT 70% of the people in the UK die without a Will and leave a real mess to sort out. Only 30%  realise the need to get a Will!

Many people, especially the younger groups have preconceived ideas about the benefits or not of having a Will. About what will and will not happen when the unthinkable happens. The ideas generally are based around everything being OK. and these ideas are simply wrong! 

If you die without a will then your estate is subject to the rules of “Intestacy” and you are “Intestate”. Essentially intestacy means you died without a Will and as such the Government will impose its “one size fits all” Will and decide how your Estate is distributed, and to who. You and your loved ones have no say whatsoever in the matter, and the method of distribution is fixed and rigid. 

The Government don’t care about peoples situation, wishes, children or anything. They just apply this “template” and wait for the money to come to them. Money which could be going to your loved ones.

As the most valuable asset most of us have is our home, the following are the general rules that affect this area. 

If you are married or in a civil partnership at the time of death, then usually half of the property from the deceased passes automatically to the spouse or partner. However, if the partnership is seen as Common Law, then the partner inherits nothing.

Married or Civil Partnership partners who have previously separated informally, can still inherit – even if you don’t wish that to happen, you have no say.

If there are surviving children, grandchildren or great-grandchildren (bloodline) of the person who died and the estate is valued at more than £250,000, the partner will inherit:

• All the personal property and belongings of the person who has died, and
• The first £250,000 of the estate, and
• Half of the remaining estate.

 As an example, if Serena were in a marriage with Max and they adopted a 7yr old daughter called Alicia. Serena dies without leaving a will (intestate). Her estate is worth £450,000. After  Max inherits his share of £250,000, the estate that is left is worth £200,000. Max can have half of this, £100,000 too. The residue eventually passes onto Alicia. Max can decide to do whatever he wants with his inheritance, with or without regard to Alicia. Alicia cannot benefit until she is 18.

In the same scenario, if Serena and Max die, they will give up the right to choose guardianship for Alicia. She will go into care and receive no inheritance until she’s 18. Would you want to give an 18yr old a large sum of money with no controls?

If the partners were on the property deeds together at the time of the death, when the first partner dies, the surviving partner will automatically inherit the other partner’s share of the property.  This is not what you want especially if the assets are worth a sizeable amount. They will be potentially paying inheritance tax where they could have avoided this..

Couples may also have joint bank or building society accounts. If one dies, the other partner will automatically inherit the whole of the money after it’s unfrozen when Probate eventually is granted (in 6-24 months). Imagine trying to live on nothing for that time.

The property and money that the surviving partner inherits do not count as part of the estate of the person who has died when it is being valued for the intestacy rules. It is added to the total estate of the beneficiary, which may be a problem when that person (the beneficiary) dies as everything may be subject to Inheritance Tax (IHT). So their children will get the FULL bill which can be avoided.

If you and your partner are NOT married – your Partner may receive NOTHING

Possibly the worst aspect of not having a Will is that you have no control over where your estate goes. Any thoughts of how you would like it distributed simply won’t apply. You will be in the worst possible position regarding tax liability, and if a property is involved, they may not inherit at all if the property is not protected properly, especially if the cost of care is considered. They will have no control whatsoever over the outcome.

Also part of the process is to apply for Probate. With a Will, the process can take about 6 months to complete. Until that time, all monies in the estate are frozen, except the bank may allow a withdrawal to pay for funeral costs (they don’t have to). Without a Will, Probate can take upto 24 months to complete. With monies frozen for this time, how would dependants and loved ones cope?

What does a Will do for me and my loved ones?

Organise the drafting of a Will and get straightforward Estate Planning for yourself at least, but preferably your partner as well if you have one. There are many benefits of being protected by a properly written Will and having Estate Planning, but from our point of view some of the main ones are,

• Peace of mind – You’ve done the best you can, and not left a mess to sort out.
• Protecting your children from state guardianship
• Minimising tax liability.
• Reducing the Probate process dramatically, possibly bypassing it altogether.
• Having your wishes executed as you have specified.
• Caring properly for your beneficiaries.
• Putting plans in place to protect your hard earned assets
• Minimising possible Care Home Bills
• Protecting your beneficiaries from Generational Inheritance Tax.
• Essentially – Looking after your loved one and taking control of your last journey.
• And much more – dependant upon your circumstances.
• Finally – Not leaving a mess for someone else to sort out

Don’t die intestate, get a Will. Your Family with love you for it, and the taxman will hate you !!

T