Once Again – Why You Need To Make Your Will


I have prepared several blogs over the years to explain the importance of making a Will. Here is another.

I know that many adults in England think that if they are married and not millionaires then no Will is necessary because if one married partner dies first then the operation of The Intestacy Rules (the law that applies where there is no Will) will be to pass that person’s estate to the surviving spouse.

In some circumstances that is true although I do not advise reliance upon it. However in 2013 there is a case that highlights the way in which even this simple rule can backfire.

Here a lady was married but separated and living with a new partner for 6 years – she and her husband owned a joint life assurance policy purchased before they separated.

On her death payment of £136,000 (life Insurance) was payable. The English Courts were able to rule that only half of that sum belonged to the husband, the rest belonged to the estate of the deceased wife. The trouble is, she was married and had made no Will – accordingly under The Intestacy Rules the husband received her half of the money as wel -l in spite of the fact that for six years she had been living with another man and had children with him.

There is simply no end to the ways in which hindsight can make obvious the danger of making no Will. If you would like to discuss the point with me please do make contact.

So – If all of your estate is in England, see your Solicitor or ask me to recommend one to you – and if you have property abroad then see me! My phone number is 0113 80160116 or email me now on notary@atkinsonnotary.com