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Make Your Will - Before its too Late

Many people avoid the subject of making a will because they feel it is a very sensitive subject. They may not have a vast estate so feel that carefully thought out inheritance tax planning is unnecessary and hope that their family will share out their worldly possessions.

Unfortunately this is not the case. If you die without making a will, there are strict guidelines laid down regarding the disposal of your assets, and these may not reflect your wishes.

For example, if you leave a surviving spouse and children, the spouse will inherit all your personal chattels, the first £125,000 and a life interest in half of the remainder. The children get the other half of what’s left immediately and the half held by the surviving spouse when he or she passes on. If you have any stepchildren, they will receive nothing.

If you only leave a spouse and there are no children or other relatives, your spouse will get everything. However, these days many couples live together without getting married and in this situation, your partner will get nothing and it all goes to the Chancellor of the Exchequer!

When there are other relatives but no children, your spouse will receive your personal effects and the first £200,000. The remaining estate will be split with half going to your spouse and the other half shared amongst your other relatives.

If your spouse dies before you, your children will share your estate, but if they are young, their share will be held in trust until they are 18.

If however you leave no spouse or children it becomes more complex. Your estate will pass to the next group of relatives and is shared between your parents, brothers or sisters, half brothers or sisters, grandparents, uncles and aunts. If none are surviving then it will pass to their children or grandchildren, but if there are no close relatives then everything passes to the Crown.

Friends, associates, business partners do not come into the equation, nor do charities, the local cats home or any other worthy cause which you would like to support.

Even if you have told everybody what you want to happen after your passing, unless you have made out a proper will, your wishes will be worthless.

The only way to have peace of mind for you and your loved ones is to make a properly drafted will, and it’s usually much easier than you think. Contact your local solicitor and they will help you now, before it’s too late.

If you would like advice about Will writing, the administration of Estates and Inheritance Tax, contact Teresa McCutcheon of Motley & Hope Solicitors, The Manor House, Shortmead Street, Biggleswade. Telephone 01767 600600. Alternatively you can e-mail Teresa at teresamccutcheon@motleyandhope.co.uk.

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