Were you aware that approximately 60% of the adult population of England and Wales do not have any provision for their loved ones on death and the majority of those who have not made a Will are in the 56+ age bracket.
The fundamental question is WHY?
The laws surrounding Wills pre-date the modern legal system…even William Shakespeare left a Will, in which everyone know he left his wife the second-best bed and even before William Shakespeare’s death in April 1616 a Will could and would occasionally be written even in the most extreme circumstances. The most famous one in Devon is Childe the Hunter, legend has it that Childe was in a party hunting on the moor when they were caught in some changeable weather. Childe became separated from the main party and was lost. In order to save himself from dying of exposure, he killed his horse, disembowelled it and crept inside the warm carcass for
shelter. He nevertheless froze to death, but before he died, he wrote a note to the effect that whoever should find him and bury him in their church should inherit his Plymstock estate. His body was found by the monks of Tavistock Abbey, who started to carry it back. However, they heard of a plot to ambush them by the people of Plymstock, at a bridge over the River Tavy. They took a detour and built a new bridge over the river, just outside Tavistock. After which they were successful in burying the body in the grounds of the Abbey and inherited the Plymstock estate. The current law regarding Wills and the disposal of one’s estate goes back to the Wills Act 1837, written during the early years of Queen Victoria’s reign, states in plain English that a person is free to give his or her wealth to anyone and that anyone may benefit from such wealth provided the provision is written and executed in accordance with the law. The majority of the Wills Act 1837 is current today as it was when first placed on the statute books and has only been amended four times in last 180 years, the last time in 1995.
Childe’s tomb
SO WHAT DOES THIS MEAN FOR ME?
…THE COMMON MISCONCEPTIONS ARE:
A. I am married and everything goes to my spouse –
It is sad to say that unfortunately we are not immortal and cannot take our possessions with us, but why do I need a will, surely my family will get everything anyway.
- The law sets out clear rules what will happen to your Estate – property, personal possessions, and cash if you die without a Will. Passing away without a Will is known in legal terms as dying Intestate and the rules that govern the distribution of the Estate in such circumstances is known as the Law of Intestacy.
- Under the Administration of Estates Act 1925 the spouse and children do not automatically receive everything in the deceased’s Estate. Invariably the surviving spouse is treated harshly because the widow’s entitlement is limited to the sum of £250,000 plus personal effects and any accounts held in joint names, with limited interest in only half the balance which remains after that which may pass to any children.
- If there are no children, surviving siblings or parents then the surviving spouse or civil partner under the Guidelines of the Civil Partnership 2004, takes the sum of £250,000 and one half of the balance, with the other more remote relatives taking the other half.
- The surviving spouse or civil partner can only take the whole estate if there are no surviving children, siblings or parents.
B. So why make a will?
- It is clear from recent government statistics and in conjunction with the Chancery Division of the High Court, Probate Registry that many of the population die each year without making a Will, creating much heartache
and anguish for the loved ones they leave behind. The most common time for families to fall out is at a funeral when emotions are already running high and the event is further charged by distant relatives or indeed close members of the family asking the question “well what did the deceased leave me?” - Indeed, it is quite common for a high percentage of litigation cases to involve disgruntled relatives following the death of a loved one. The most recent example being Gill v RSPCA 2010 which could have some serious consequences and escalation of serious costs which will be borne by the Estate or the parties involved in legal action.
- Your Will may be as simple or as complicated as you like, however the outcome will be the same, leaving what you have to whom you would like to receive it.
- In the first instance a consultation is normally beneficial in the comfort of your own home so that the I may discuss your requirements. The information you give will be drafted into a document so that you can define where and to whom your estate can pass.
C. So why should I regularly review my will?
- If you made your Will some time ago it might be time to review it especially after the changing of personal circumstances such as marriage, divorce, new addition to the family, death of a family member or a move.
- A change to your financial situation, an increase in your property value and even new tax laws and legislations can also make an update to your Will necessary.
- A valid Will is vital if you want to avoid any misunderstandings after your death and will avoid costly and lengthy litigation.
- If you remarry for instance, your current Will is no longer valid, and you die under the rules of Intestacy and the State will decide who will benefit from your Estate.
- If you remarry you will also need to make a new Will that specifically takes into account your new marriage particularly if you wish to leave your Estate to children from your previous marriage or to your new partner on
the provision that your Estate reverts to your children on his or her death. - A review helps you to be sure that the people or charities you want to benefit from your Will will continue to do so. Often changing your Will can be as simple as drawing up a codicil (an addition or change to existing) that can be signed and kept with your existing Will.
Who are we?
With over 22 years in practice and the owner a former partner of a London law firm, Avalon Legal are experienced, knowledgeable, and family friendly legal practice based in Devon. Are you worried about inheritance and the implications this has on your estate; do you have an extended family or are you single, going through a divorce, are divorced and not changed your Will or in a civil partnership and have concerns about who to leave your estate to? Are you worried about losing your capacity either mentally or physically and what implications that has on you and your loved ones?
We offer a bespoke service offering Wills, Lasting & General Powers of Attorney, Deputyship, Estate Planning (and Financial Planning, Conveyancing and Divorce through our specially selected panel of Practitioners). We have appointments to suit our clients whether it’s during the day, evening or weekend either face to face or using all the latest social media/meeting platforms
Contact Us
Phone: 07506583669
Email: info@avalonlegal.uk
Web: www.avalonlegal.uk
Opening Hours
Mon – Fri: 9.30am – 3.30pm Wednesdays – By appointment only
Evenings: By appointment only
Sat – Sun: By appointment only
