The Characters
Anji: ‘I’ve been meaning to do this for years’
Bob: ‘I’ve no idea where to start.’
Carol: ‘My mother died without a Will and my sister and I no longer speak to each other.’
Dan: ‘Everything will go to my husband anyway.’
Edi: ‘My partner will live in our home if I die’
Fred: ‘My family love my children so if we die, they’d just look after them.’
Guy: ‘I don’t need Lasting Powers of Attorney because my mum will make my decisions’
Happy: ‘Relieved to have sorted everything’
The Plot
Anji and Bob, the procrastinators:
It takes approximately an hour of your time to meet with us, informally, remotely or in person, without obligation to discuss your circumstances. Following an initial meeting, we will be sufficiently informed to estimate fees and you will feel enlightened as to how we can assist. If you then prefer not to proceed, you have lost an hour and gained insight.
Carol, Dan, Edi and Fred, the self-assassinators:
Carol, whilst I am so sorry for your situation, dying without a Will leaves family and friends with nothing other than uncertainty, and in some cases, anger, arguments and costly court hearings. When an estate matter reaches the stage of a court hearing, you can safely know that lawyers will often benefit more from an estate than the Deceased’s intended beneficiaries who could have been named in a valid Will.
If your intentions are not written in a legally binding Will, the law of intestacy takes control. Whilst the intestacy rules will unravel the chaos caused by not having in place a Will, there is no consideration for the Deceased’s intentions.
Dan, as you are married with children and your estate is over £322,000, your husband, will receive £322,000, half of the remainder of your estate and all of your personal possessions. Your children will receive the other half of your estate above £322,000. If they are minors, their share will be held on trust until they are legally able to inherit at 18. The law does not allow for whether your children are responsible enough to cope with an inheritance. A Will provides the option for you to decide the age at which you wish for your children to inherit.
Edi, it depends how you own your home with your cohabiting partner as to whether or not they will be able to continue to live there if you die first. There are two ways of owning property, joint tenants and tenants in common. If you own as tenants in common, and you do not have a Will, then if you die, your share of the property will pass in accordance with the rules of intestacy, and the law, archaic as it may seem, still fails to recognise cohabitees.
Fred, a common misconception is that if both parents die, your minor children will simply be cared for by close family members. With so many blended families, it is essential to document who will act as guardians if both parents die. Failure to provide this in your Will causes dispute or costly applications to court to make the decision. The worst outcome is that the law appoints Uncle Nobody who showed no interest in your children in your lifetime.
Guy, the delusional:
Guy, every adult should have Lasting Powers of Attorney (LPAs) because no-one has an automatic right to manage your affairs on your behalf in your lifetime if you lose mental capacity to make and deal with life decisions yourself, concerning your property and financial affairs, or health and welfare. Without LPAs in place, if needed, your loved ones will be guided through a costly, complex, lengthy application to the Court of Protection for a Deputyship Order and the decision as to who will act is no longer your choice.
Happy, the heroic but tragic protagonist:
Happy, having discussed your wishes in great detail, including family nuances and history, your anxieties, fears and intentions, and having considered all of your options, your signed Will and registered LPAs are now stored safely on your behalf. Please do not hesitate to contact me with any changes in your life circumstances. In particular, if you should you meet someone and enter a civil partnership or marry, you will need to simply re-sign your Will because marriage invalidates a Will.
Epilogue
Happy’s decision to spring clean her life, understand her options and put her affairs in order, leaves her feeling empowered to take a world cruise. She meets a wonderful partner and they marry, rather spontaneously, in a humanist ceremony on a beach in Hawaii.
Happy’s brother, her only living family member, is not invited to the wedding because of the family fall-out after her late father’s intestacy earlier in the year. The post wedding celebrations result in a swim in the Pacific Ocean. Tragedy strikes and Happy drowns whilst attempting to save a beached monk seal.
Contrary to every intention discussed and documented, as well as the advice provided to contact us if life circumstances change, the marriage revokes Happy’s Will.
Happy’s estranged brother inherits her estate. He squanders everything on alcohol, lavish gifts for his new partner and a world cruise.
