Why having a Will matters
Most people mean to write a Will but never quite get round to it. Life gets busy and it feels like something that can be dealt with later. The problem is that dying without a Will leaves your estate to be divided according to strict legal rules rather than your wishes. This can create real problems for the people you care about, including delays, unexpected outcomes and family conflict that could have been avoided.
How your assets are dealt with
If you die without a Will, the law sets out who receives your estate. It is not always straightforward and the outcome may not reflect what you would have chosen.
What your spouse or civil partner is entitled to
If you are married or in a civil partnership, your spouse or civil partner has what the law calls Prior Rights. These rights give them:
- The family home up to a maximum value of £473,000
- The contents of the home up to £29,000
- A cash sum of £50,000 if you have children or £89,000 if you do not
These rights apply whether the relationship is long standing or relatively recent. They also apply regardless of any children from previous relationships. It is important to appreciate that your surviving spouse does not need to leave these assets to your children in their own Will.
What happens if you have children from a previous relationship
If you have children from an earlier relationship, Prior Rights can produce unfair or unexpected outcomes. Everything your spouse inherits under Prior Rights becomes theirs to leave as they choose. If they also have children of their own, your assets could pass entirely outside your family. If you want to safeguard your children’s inheritance, you need a Will that sets out your intentions clearly.
The position of unmarried partners
Unmarried partners do not benefit from Prior Rights and are not automatically entitled to inherit anything. Your partner can apply to the court for a share of your estate, although this involves cost, time and uncertainty. Also, any application needs to be made within 6 months currently, although legislation has been passed which will shortly increase it to 12 months.
If no application is made or the court refuses, your estate passes to your children or, if you have none, to other relatives. This can force a surviving partner out of the family home.
Even if you jointly own the property, the absence of a survivorship destination in the title deeds means your partner and your children could end up owning the property together. This is rarely a comfortable arrangement. A Will allows you to make proper provision and avoid these difficulties.
How Legal Rights apply
Once Prior Rights have been met, the remainder of your estate is divided according to Legal Rights. These rights give:
- Your spouse or civil partner one third of the remaining estate, or one half if there are no children
- Your children one third of the remaining estate between them, or one half if there is no surviving spouse
Legal Rights apply even if particular assets cannot easily be divided, which often leads to disagreements about who receives what. A Will gives you the chance to set this out clearly and avoid conflict.
What happens to the rest of your estate
After Prior Rights and Legal Rights have been satisfied, the remainder of your estate goes to your children. If you have no children, it passes to your next closest relatives, following a set legal order that may not reflect your wishes.
Why use Fords Daly Legal
Writing a Will is one of the most important steps you can take to protect the people you care about. At Fords Daly Legal, you will find a team that takes the time to understand your circumstances and what matters to you. Clients rely on the firm for clear, practical estate planning advice that removes uncertainty and helps prevent conflict among family members. The team will guide you through every stage with straightforward explanations and tailored recommendations, so you can put the right arrangements in place with confidence. Whether your affairs are simple or more complex, you can expect a supportive and efficient service that ensures your wishes are recorded and safeguarded.
Take the next step
If you want peace of mind that your estate will be dealt with exactly as you intend, now is a good time to put a Will in place.
Get in touch with Fords Daly Legal to speak to a member of the team and discuss the arrangements that best suit you and your family.
