According to a survey by Canada Life 51% of UK adults have not written a will and are not in the process of writing one, with 13% having no intention to write a will in the future.
If you are cohabiting, divorcing, or contemplating divorce you should make a will or, if you already have a will, you should update it. Otherwise, your estate may end up in unintended hands.
With so many people living together and not getting married, the importance of making and keeping wills up to date has become increasingly more important. For example, if you cohabit and die without making a will then, instead of your estate (and even your share of any house you have bought together), ending up with your partner as you might have intended, it could pass to some relative under the rules of intestacy, leaving a former long-term partner having to find a new home!
And, even if you have a will, when you get married or enter a civil partnership, an existing will automatically becomes revoked. Therefore, if an individual does not subsequently make another will before they die, their estate could be treated as if they don’t have a will and again that the ‘rules of intestacy’ will apply.
As before, these rules may not reflect their wishes and could mean that their loved ones aren’t provided for in the way they would like.
If you marry or have a civil partnership and then divorce or are contemplating divorce, making a new will means that your estate will be dealt with in the way that you want, including that your children and that any new spouse or partner will be provided for. A new will can help prevent potential claims against your estate under the Inheritance Act or by an ex-spouse who might make a financial claim.
We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.
If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.