Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

Making a will

If you die before making a will your partner may not automatically inherit all your property.

When you move in together, making a will is often the last thing on your minds. In fact over 60% of people in the UK die before making a will.

The myth

“My partner and I have lived together for 15 years. We don’t have any children so if I die, the court will make sure she gets the house and all the things we owned together.”

The facts

Sadly, this is not the case. In fact, if you are living together and you die before making a will, your partner may not automatically inherit all your property and it may go to your nearest blood relative or even the crown. Further to this, unless your partner has made a will and named you as the executor, you may not have any say in how the estate is administrated. This again will pass to the nearest blood relative, such as their parents.

The importance of making a will

The children

If you are co-habiting, have children together and die without a will, your children will inherit everything. This will mean that your partner will have no rights over the home or any of the property inside it. If the children are under 18, they will not be able to make any changes and your partner will have to ‘fight’ them legally in order to do so. This could all be avoided by making a will.

If you are still married to someone else

If you are technically still married to someone else and living with another partner, they will inherit the majority of your estate if you die without a will even if you do not wish this to happen. Your children will only be entitled to something if the estate is worth over £125,000 and your current partner will not be entitled to anything.

Inheritance tax

While married couples have an exemption for inheritance tax, allowing them to pass money and assets to each other without incurring a penalty, the same cannot be said for those co-habiting. Instead inheritance tax has to be paid on everything above the nil rate band currently £312,000 for 2008/9 and this can include the value of your home and everything you jointly own with your partner.

How to draw up a will

You can use a specialist solicitor, a will writing service or even draw it up yourself. This is a personal choice and you should explore all the options before coming to a decision. There are many websites out there with tips and advice on things to consider when arranging a will link (for example Advice Now) and if you are in doubt you can contact your local Citizen’s Advice Bureau.

As with all important issues regarding your loved ones, it is worth carefully considering using a solicitor or at least obtaining quality legal advice. You cannot change your will after you have died! It is essential to feel happy and secure that your loved ones are going to be looked after just the way you want after you are gone