Frequently Asked Questions
Do married couples sign the same Will?
No. The Will is a personal document which speaks from the date of death of the Testator. However, the majority of married couples own their house jointly and will tend to want to provide for their property after the first and second death in identical fashion.
Should I make a new Will when I get married?
Yes. Marriage automatically revokes all existing Wills. If you do not make a new Will, the Intestacy Distribution Rules will apply - further information on Intestacy. In practice you should make a Will before you get married (to save you having to do so some time between the end of the ceremony and the Best Man’s speech) which is expressed to be “in contemplation of marrying [your intended spouse]”. This will avoid the application of the revocation rule. Divorce results in all gifts to the other spouse being treated as if the other spouse was dead. As this may result in a partial intestacy, a Will should be reviewed at the time of a divorce.
Should you become divorced, any gift in a Will to the ex-spouse is treated as if that ex-spouse had died before the testator.
If I have entered into a Civil Partnership will my Will have the same advantages as that of a married person?
Yes. This was provided by the Civil Partnership Act of 2004.
If I am not married to my partner, surely I have the same entitlements on my partner’s death as if we were married?
No. If you are not married, the law will not treat you as if you were and your partner’s assets will be distributed on the basis that he/she died a single person (in the absence of a Will). If a house or flat was only in the name of the deceased partner, then that property will go to his family and not to you. Clearly it is vitally important that unmarried partners should each have Wills.
What happens if my Will is held to be invalid?
There are a number of instances where this could occur – for example if it has not been properly witnessed or if a Will just cannot be found. Either the estate will be distributed in accordance with the terms of a previously valid Will (which has not been destroyed or otherwise revoked) or the rules on intestacy will apply. The Probate Court has no power to validate and give effect to an improperly executed Will or a photocopy of a Will even though the text of that Will may be quite clear as to the deceased’s wishes.
What should I do if a near relation dies?
1. Notify the family Doctor who will guide you through the requirements for cerifying a death.
2. Contact a Funeral Director who will help you with the arrangements that need to be made between the death and the funeral.
3. Arrange for the issue of a Death Certificate and, dependiong on how complicated the deceased's affairs were, obtain at least 5 copies.
4. Try and find the Will. This could be among the deceased's papers, in a strong box or deposited with a bank or solicitor's office. If there is no Will, the deceased's estate will be dealt with on the basis of an intestacy. We can help in this area to guide you in the right direction - so feel free to give us a call on 01892 514792 or 07710 385782.
Articles and News
Pilot Trusts
A Pilot Trust is a discretionary trust set up during the Settlor's lifetime usually for the benefit of the Settlor's wife and children. Read more...
Lasting Powers of Attorney
Whilst death is the province of Wills, a large number of people, as medical science helps us to live longer, are going to need help in the management of their financial and other affairs while they are still alive. Read more...
Intestacy
When a person dies without having made a Will or has made one that is invalid. Read more...