You have recently got married

Getting married revokes any previous Will. Your assets will pass to your spouse as next-of-kin.

 

You and your partner choose to live together, “marriage is just a contract”. You are both independent from each other. “What is mine is yours is an unwritten contract”

Unless you have a Will, the Rules of Intestacy will not recognise your common-law partner. All your assets will pass, by very strict rules, to your next of kin. This means your closest surviving blood relative inherits your assets. There is no such thing as a “common-law” spouse.

 

You have children under 18.

What would happen if you were both (hope not…but it might) die? Statistics show that this is a remote possibility. But what would happen to your little kids if you were both to die? If both of you die, and no official guardians are appointed through a Will, your children could end up in foster care while the court appoints a guardian. And, as if this was not a horrible prospect enough, there are money issues too.

 

You are on your second marriage and have bought a house together. You both have children from other relationships and have children together.

When two people buy a house together, in law, you buy this asset jointly. This means that when you die, your spouse automatically inherits 100% of your equity. Now. Supposing that you both have children from another marriage and you would like your half of the equity in your house to be passed on to your own kids. That will not happen. All your share of the value of the house passes to the surviving spouse. And they can do what they like. You effectively disinherit your own children.

 

Making a will is more straight-forward than you think.

 

Making a Will is actually really easy. The more discussion and thinking you do before you engage a lawyer or Will writing service the better. At JMP Solicitors we have a questionnaire that helps you to have a structured approach to all the matters you need to think about. You can complete this before you make an appointment speeding up the drafting process.

 

The fixed fee we quote is the fee you pay. There will be no nasty surprises. The fee includes free, secure storage.

Articles published on this news page are intended for information only and should not be treated as legal advice.

JMP Solicitors do not accept any responsibility for any loss as a result of any act or omissions taken in respect of any article appearing on this page (or linked from it).

To receive specific legal advice in respect of any legal matter please contact your nearest JMP Solicitors office

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