Last Will And Testament - What Happens If You Don't Make One? |
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By: David Whitworth Posted: 2007-04-30 13:51:16 |
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Making a will is a relatively simple and not very expensive process, however, despite this 7 out of 10 people in the UK die without a will.Could it be we think we will live forever? Maybe because of the improvements in medical research since the 80s, people are living longer and therefore not coming into contact with death as much as they used to. Nowadays, people can be well into adulthood before a loss of a loved one or close friend happens.Maybe, we don't like to face up to our own mortality or maybe thinking about dying may bring the event closer to our doorstep.A death in the family is always a tragedy, particularly if it is sudden or unexpected. If surviving relatives then have to battle with legalities to get what they thought was rightfully theirs then the burden can be greatly intensified.If somebody dies intestate it can often take two years or longer to sort everything out, and in the meantime bank or building society accounts could be frozen. In cases where a valid Will - which has been written, signed and witnessed - has been made the average length of time is only six months.In the absence of a signed Will, and for those living in England and Wales (rules vary in Scotland), the government dictates who gets what of your estate, depending on your domestic circumstances.Here are the current rules as to who gets what:Married with Children (separated people are treated under these rules as still being married)
Your spouse gets:-a) car and house contents, plusb) first £125,000 of your estate, plusc) 6% interest on half of any surplus (only interest, your spouse cannot touch the capital)Plus, your children (stepchildren get nothing) get:-a) half of any excess over £125,000 outright, plusb) the other half of the excess when your spouse has also died Married with No Children but with Parents and/or Brothers and Sisters Your spouse gets:-a) car and house contents, plusb) first £200,000 of your estate, plusc) half of any excess over £200,000 outright Plus, your parents or (if none alive) your brothers and sisters get:-a) Balance ie half of any excess over £200,000 outright Married with Children and No Parents or Brothers and Sisters Your spouse gets everything Single, Widowed or Divorced (but not separated) Everything goes to your children (if any), otherwise to your parents (if alive), otherwise to your brothers and sisters (or their children), otherwise your grandparents (if alive), otherwise your uncles and aunts (or their children), otherwise to the government. If it all seems a little complicated, just think how complicated it could be for the ones who have to sort it all out! As I mentioned in the summary, why would we spend all our lives looking out for our loved ones only to leave them to suffer. Not only with the loss but also with possible financial hardship at a time when they need us the most. Really there are no valid excuses not to make a will, are there? |
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