Tuesday 18 October 2011

Who Gets What In The Absence Of Wills


Whilst will writing might not be considered the most pleasant of tasks to fulfill, it is essential that you make a will in order for your wishes to be known and carried out after your death. People who die without leaving wills in place are referred to as intestate following their deaths. Should you fail to make adequate provisions, your estate will be divided according to the dictates of probate law, which can be complex and might not reflect the division of your monies and possessions in your expected or preferred manner.

If you are married or in a civil partnership, and you have children, you might automatically expect your assets to be handed over to your spouse or civil partner after your death, even if you have failed to Make a will during your lifetime. This is not the case. They are entitled to inherit your personal belongings, including your home, its contents, and your car, but not your business interests. Their overall inheritance is capped at a total
tax free value of £250,000, plus life interest in 50% of the rest of your estate, should its total value exceed £250,000. The remainder is divided between your offspring.

However, a different set of rules exists if you are married or in a civil partnership without children. If you do not make a concerted effort to make a will before you die, your spouse or civil partner will automatically inherit your personal belongings, with their overall inheritance being capped at a total tax free value of £450,000. However, in the absence of offspring, the remainder is allocated to your parents. If your parents died before you, their allocation is offered to any biological siblings who share both parents with you, rather than half brothers or sisters. If you do not have such siblings, or if they died before you, their children are the next ones on the radar.

By neglecting to make a will, you are potentially leaving your loved ones with untold amounts of problems, stress and even potentially costly litigation to navigate. Dependent upon your individual personal circumstances, your will writing oversight in life could even see distant relatives, such as half aunts, uncles and their offspring, staking claims to your estate after your death.

Make A Will Online exists with the sole purpose of helping you do exactly that. Online will writing is confidential, cost effective, quick and safe. Furthermore, wills made with online will writing partners are fully recognised and upheld in English and Welsh courts of law.

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