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A will, or a last will and testament, is a legal document that describes how you would like your property and other assets to...
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Very much so. In 2013, after a lengthy consultation, the British government confirmed their belief that the will-writing market should be diverse and not...
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No. The British government confirmed in 2013, after a lengthy consultation, that the will-writing market should be diverse and not limited to solicitors.
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We are a nation of animal lovers so it is only natural that we would want to make sure that our pets are catered...
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In the UK, there are specific rules and regulations that dictate the fate of a business upon the death of its owner.
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For any parents, ensuring their children's well-being and protection, especially in their absence, is paramount.
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When someone dies, it's not just their assets that are left behind; they may also leave behind debts.
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Estate planning is not just for the super-rich. Whether you have a sprawling mansion or a small flat, some savings, or even just personal...
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One of the most important elements of drafting your will is appointing an executor. Here, we'll explore what an executor of a will is...
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Upon a person’s death, the responsibility of dealing with their estate often falls to an appointed individual known as the executor.
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Drafting a will is one of the most significant legal decisions you will make. It ensures that your assets are distributed according to your...
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Upon your death, only the designated executor possesses the legal authority to view your will. However, if probate is required to manage your estate,...
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In estate planning, will trusts (also known as testamentary trusts) serve as essential tools in ensuring that a person's assets are distributed and managed...
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As life changes, there may arise a need to make alterations to a will. Instead of completely rewriting the entire will, one can make...
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One of the essential aspects of creating a will is determining the gifts or legacies you want to leave behind. Let’s delve into the...
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When an individual dies without having made a valid will, they are said to have died "intestate." In the UK, specific rules called the...
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The fate of one's home after death is primarily governed by wills, intestacy rules, and sometimes, trusts.
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The process of witnessing and signing a will is key to authenticating its validity. There are strict regulations surrounding this process.
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In drafting your wills and researching estate planning, a term you may come across is "testamentary capacity". It’s essential to understand its significance as...
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Writing a will is an important step to ensure that your wishes are carried out after your death, but the process does not end...
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Once you have drafted, printed, signed, and had your will written, it is paramount that your will is kept in a secure location, both...
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What about those more personal messages and sentiments that one might wish to convey to loved ones? This brings us to the question: Should...
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This glossary provides a basic understanding of some of the terminology used in the writing of a will in England and Wales.
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Life Planning & ProtectionWhat Happens if I Die Without a Making Will?
If you don’t have a legally binding will in place before you die, the law of England and Wales will follow the rules of intestacy, a set of guidelines that decides who gets your assets.
When someone dies without writing a will, they are known as ‘intestate’. This name is also given to people who have a poorly written will that doesn’t cover their entire estate, or who write a will but don’t get it witnessed correctly to make it legally binding.
These rules are over 100 years old and do not consider modern family dynamics like unmarried couples, step-children, or your personal preference.
The Laws of Inheritance if There is No Will
In the case of being married or in a civil partnership without children, the surviving partner will receive the entirety of the inheritance. This rule applies even if the deceased person had stepchildren, as stepchildren are not entitled to inherit under the rules of intestacy.
When a person is married or in a civil partnership and has children, the surviving spouse or civil partner will inherit all assets up to the value of £322,000. If the estate’s worth exceeds £322,000, the partner will also receive 50% of the remaining assets, while the remaining portion is divided equally among their children.
It’s important to note that if any of the children have already passed away, their share can be inherited by their own children or grandchildren.
In situations where an individual is unmarried and has children or grandchildren, the estate is evenly divided among the children, excluding any stepchildren. If a child has already passed away, their portion can be inherited by their own children or grandchildren.
Lastly, for those who are unmarried and childless, the estate is inherited by close relatives in the following order:
- Parents
- Siblings
- Half-siblings
- Grandparents
- Aunts and uncles
- Cousins (children of aunts and uncles)
Financial Cost
In addition to outlining the distribution of your assets, a will also provides the opportunity to detail all your properties and accounts within a single, easy-to-understand document, preventing any omissions of undisclosed pensions or savings upon your passing.
Did you know, the average sum lost when an individual dies without a will in the UK amounts to a substantial £9500?