Married couples – if they do not have a Will, then the Government will decide what happens to their estate when they die. All of their estate will not necessarily pass to their spouse. The Government have strict guidelines when deciding who will benefit from an estate, which can include children, grandchildren, surviving parents, brothers and sisters depending on circumstances. Broadly speaking, same sex partners in a Civil Partnership have the same rights as a married couple.
Un-married couples – and partners who have not registered a civil partnership cannot inherit from each other unless there is a Will, so the death of one partner may create serious financial problems for the remaining partner. Making a Will in these circumstances can avoid any argument and dispute at a time when their family should be coping with the loss of a loved one
Parents - need to consider who they want to look after their children in the event of their death. This is very important in the case of one-parent families or unmarried parents living together, especially if their child was born before 1st December 2003. Did you know that unmarried fathers may not gain automatic custody of their own children if the mother dies? A valid Will nominating a guardian is invaluable in such cases. If a guardian is not appointed, the children may be placed in local authority care while a court decides their future.
Divorcees - if you’re divorced or if your civil partnership has been dissolved you can decide whether to leave anything to an ex-partner who’s living with someone else
Home owners looking to protect their property - A Protective Property Trust can prevent the council from taking a deceased partners half of the property should a surviving partner be taken into care. It is simple to do and can save thousands.
Single people - may have friends, family members or a favourite charity who they would like to benefit after their death, especially if they do not have any living relatives. Making a Will ensures their estate goes where they want it to.
People with changed circumstances - if your circumstances have changed, it is important that you make a will to ensure that your money and possessions are distributed according to your wishes. For example, if you have separated and your ex-partner now lives with someone else, you may want to change your will. If you are married or enter into a registered civil partnership, this will make any previous will you have made invalid. When a will has been made, it is important to keep it up to date to take account of changes in circumstances. It is advisable for you to reconsider the contents of a will regularly to make sure that it still reflects your wishes.
The most common changes of circumstances which affect a will are:-
- getting married, remarried or registering a civil partnership
- getting divorced, dissolving a civil partnership or separating
- the birth or adoption of children, if you wish to add these as beneficiaries in a will.