Couples often leave all of their assets to each other in their Wills. While this is commonplace and understandable, it can cause problems for their children, who could miss out entirely on their inheritance in certain circumstances.

Sideways disinheritance

If a couple leaves everything to each other in their Wills, then after the death of the first to die, the survivor will own all of the assets outright. If they subsequently marry, then their Will automatically becomes invalid. This means that even if their original Will leaves all of their estate to their children, once they are married, this no longer applies.

The children of the original couple could lose out in a number of ways. If no new Will is made, then their the surviving parent’s estate will pass under the Rules of Intestacy, which means that the new spouse could inherit everything or substantially more than the children.

If a new Will is made, then there is nothing to stop the surviving parent leaving everything to their new spouse. If this happens, the children will receive nothing and the whole estate moves sideways to a different family, potentially on to the new spouse’s children.

Even if the new spouse makes a Will leaving money to the children of the original couple, there is nothing to stop them changing their Will and cutting the children out at some future date.

How to avoid sideways disinheritance

One of the easiest ways to avoid sideways disinheritance is to bequeath your spouse or partner a life interest in the assets that you are leaving. This means that they can continue to live in a shared home for as long as they need to. However, when they finally leave or die, the share that belonged to the first person to die passes in accordance with the terms of their Will, meaning they can leave it to their children and be sure that they will receive it in the end, after it is no longer needed by the surviving spouse or partner.

Leaving a life interest in an asset also means that it cannot be taken into account when assessing the surviving spouse for benefits such as payment for care home fees and it will be protected from being used in this way.

It will also protect the money from being spent by the surviving spouse or being lost in bankruptcy or divorce.

Contact us

At Quinn Legal, we can talk through your options with you to ensure that your Will makes provision for all of your family in the way that you would wish and so that none of your loved ones are left out. Our advocates have experience in drawing up Wills for individuals in all circumstances, including those with complex or high-value estates.

For more information about the benefits of having a Will, see our Wills page.

For a no obligation initial consultation or to make an initial free enquiry, please call our team on 01624 665522, email us at email us: hello@quinnlegal.im or fill in our online enquiry form.

When you marry, your Will automatically becomes invalid, unless it has specifically been made in contemplation of your marriage. On divorce, the situation is different, with the gift to your former spouse failing. We take a look at what this might mean for your estate and other beneficiaries.

As part of your divorce proceedings, you will generally need to consider your financial situation and provision, both now and in the future. As part of this, it is recommended that you put a new Will in place to ensure that your loved ones are provided for in the way that you would wish.

Once a divorce is finalised, then any gift left to your ex-spouse in your Will does not take effect. This means that the residue of your estate could be considerably larger than you intended it to be, or, if they were the recipient of all of your estate, that it could be left without any beneficiary.

Making provision for a dependent former spouse

If your former spouse is receiving maintenance or periodical payments from you, then you may need to consider making a new Will that leaves them something. This is because they could be classed as being dependent on you and as such, they may be able to bring a claim against your estate if they are not provided for.

This would mean that your executors would need to defend the legal claim, which could result in the estate facing an avoidable legal bill.

Appointing an executor, guardian or trustee

If your Will appointed your former spouse to a particular role, such as executor, guardian or trustee, this appointment would also fail following divorce.

There is therefore a risk that your estate could be left without a named executor or that your former spouse, as parent to your children, could take control of your estate on their behalf. Even if you want this to happen, it should be formalised in a new, valid Will.

Before divorce

You should also be aware that before the divorce is finalised, your spouse will still be entitled to receive anything you have left them in your Will. This could be your entire estate, so if you do not want them to have this, you should arrange for a new Will to be drawn up.

Clarity

Putting a new Will in place when you are going through a separation or divorce means that there will be clarity for your loved ones in the event that something happens to you. As well as ensuring that they are adequately provided for and that your estate will go to those whom you want to benefit from it, this can also reduce the risk of a disagreement arising after your death.

Contact us

If your Will needs reviewing and updating, we will be happy to help you assess what needs to be changed and draw up a new Will that ensures your loved ones will be taken care of in the future.

For a no obligation initial consultation or to make an initial free enquiry, please call our team on 01624 665522, email us at email us: hello@quinnlegal.im or fill in our online enquiry form.

 

It is important when putting a Will in place to ensure that it is valid. Small errors, such as mistakes in the witnessing, can mean that a Will is void. If you do not have a valid Will in place, then there is a risk that your loved ones might not receive what you wanted them to have.

Choosing an executor

When you make a Will, you can appoint between one and four executors to deal with the administration of your estate when the time comes. Your executor can also be a beneficiary of your estate, in fact this is a common occurrence with the main beneficiary often being an executor.

A beneficiary cannot witness your Will however, nor can their spouse, or the gift to them will fail.
In choosing an executor, you should take into account the scope of the job they will be taking on and make sure you select someone who will be willing and able to undertake it. It is often recommended to select someone who is younger than you.

It is also advisable to name two executors, in case one of them is unable or unwilling to act when the time comes. You can select one family member and one professional executor, such as an advocate, if you wish.

The role of executor

Your executor will be responsible for identifying and valuing all of the assets in your estate, then collecting them in and selling them. This can include clearing and selling property. A Grant of Probate will generally be needed, which can be applied for at the General Registry.

The executor will need to settle any outstanding debts and prepare detailed estate accounts showing all of the income and outgoings. The net estate can then be distributed to the beneficiaries named in the Will, which could include the executor.

Professional help

Winding up an estate can be time-consuming, particularly if a wide variety of assets are held, as it involves corresponding with each asset holder and complying with their requirements to close accounts, sell shares, encash policies etc. When selecting an executor, you should make sure it is someone who is likely to have the time to carry out the tasks involved. They can if they wish engage an advocate to deal with the probate and administration on their behalf when the time comes.

If you do not have anyone who is able to take on the role, you can appoint a professional executor. This is generally an advocate with experience in dealing with estates and probate. While they will make a charge for their services, they will have the necessary expertise to ensure it is dealt with efficiently and as quickly as possible.

Contact us

At Quinn Legal, we can ensure that you have the right Will in place to provide for your loved ones in the future.

We also offer a package for our clients enabling them to put a Will, an Enduring Power of Attorney and an Advance Decision in place to cover all eventualities.

An Enduring Power of Attorney means that someone can help you with your affairs if you ever become unable of dealing with them yourself, while an Advance Decision, also sometimes referred to as a Living Will, allows you to take the decision to refuse some medical treatments in the future, should you wish to.

We have a client platform that you can use to put these three important documents in place to give you peace of mind.

If you would prefer to make an online Will, our Online Will Service can be accessed here, or if you would rather speak to us directly, please give us a ring and we will be happy to discuss your needs and draw up the right documentation to secure your and your family’s futures.

For a no obligation initial consultation or to make an initial free enquiry, please call our team on 01624 665522, email us at email us: hello@quinnlegal.im or fill in our online enquiry form.

 

Putting a valid Will in place offers the peace of mind of knowing that your loved ones will benefit from your estate in the way that you would wish. It gives you the chance to choose who you would like to deal with your affairs when the time comes and allows you to appoint guardians and trustees where necessary. But many people are not quite sure exactly when the right time is to make a Will. We take a look at the considerations.

What age do you need to be to make a Will?

You can make a Will once you reach the age of 18. As well as ensuring that your assets pass to those whom you would like to have them, leaving a Will can help to avoid disagreements between family members. Even if you are young, making a Will is always advisable. It can be a reassurance to your loved ones to know that they are abiding by your wishes.

Marriage

If you marry then any Will you have made previously automatically becomes invalid, unless it is specifically stated to have been made in contemplation of the marriage.

If you should die without making a valid Will, then your estate will pass under the Rules of Intestacy (the Rules). The Rules set out a strict order in which your family will inherit from your estate and some relatives may be left out or receive less than you would have wished.

Children

It is advisable to put a Will in place if you have children or if you are planning on having them. As well as ensuring that they are provided for financially, you can also appoint a guardian for them in your Will. If you don’t appoint a guardian, then it would be for the court to choose someone to care for them and there is a risk that this might not be the person you would have chosen.

If you do not have a valid Will then some people, such as cohabiting partners or stepchildren, will not receive anything, while your children may receive substantially less than you intended.

Divorce or separation

If you divorce, your Will remains effective, however anything that you have left to your ex-spouse would not pass to them but would be treated as if they were not living. This could mean that their share becomes part of the residue of your estate, to be divided between other beneficiaries, depending on the terms of your Will. It is recommended to review your Will upon divorce or separation to ensure that it still meets your wishes.

Reviewing your Will

Other life changes, such as starting or selling a business, the arrival of grandchildren or a substantial change in your financial circumstances should also be a prompt for reviewing your Will. In addition, you may need to make alterations in the event that an executor, guardian or trustee becomes unable or unwilling to act.

Peace of mind

Putting the right documents in place to manage your affairs will give you the peace of mind of knowing that you have done all you can for your loved ones.

As well as having a valid, up to date Will in place, it is also advisable to execute an Enduring Power of Attorney. This will allow appointed representatives, chosen by you, to look after your affairs on your behalf, should you ever become incapable of doing so yourself. If you have not legally appointed someone, then it could cause difficulties if no-one is able to pay bills on your behalf or make decisions about your welfare.

Contact us

At Quinn Legal we have put together a package for our clients enabling them to put three vital documents in place to give them peace of mind for the future.

A Will enables you to leave your estate to your chosen beneficiaries.

An Enduring Power of Attorney means that someone can help you with your affairs if you ever become unable of dealing with them yourself.

Finally, an Advance Decision, also sometimes referred to as a Living Will, allows you to take the decision to refuse some medical treatments in the future, should you wish to.

We have a new client platform to help our clients put these three important documents in place. Planning for the future gives the peace of mind of knowing that every eventuality has been covered and that your affairs and those of your family and loved ones will be dealt with in accordance with your wishes.

If you would prefer to make an online Will, our Online Will Service can be accessed here.

For a no obligation initial consultation or to make an initial free enquiry, please call our team on 01624 665522, email us at email us: hello@quinnlegal.im or fill in our online enquiry form.