05-09-2014

What happens when you don't have a Will?

Answer:

 

Unfortunately as your wife did not make a Will, the “Intestacy Rules” will govern how her estate is divided up. The government sets out a strict order of who will inherit what under the rules and this can lead to some nasty surprises. The Intestacy Rules, for example, may determine that you as the spouse may not inherit everything – perhaps not even all of your house, depending on how much it is worth.


You should be aware that the Intestacy Rules do not count any step-children as your own unless you have formally adopted them and they will inherit nothing.
We’ve had a recent case where a gentleman passed away without having made a will. His wife had died a year before him and her assets had passed to him. The wife had one adult son and the gentleman had two adult daughters – this was a second marriage.Sadly the son did not inherit any of the gentleman’s estate under the intestacy rules as he was a step-son.The whole estate passed to the two daughters. The only way to truly ensure your assets are divided in the way you would like is to write a Will.


With a Will, you decide who inherits what – You take control. Even if you have written a Will it is important to review it, say every five years. Family circumstances and relationships change with family members sometimes becoming estranged, so ask yourself, does your Will still provide for the people you want it to? If you do want to make a change we can do this for you even if your Will was not written by Banner Jones.