Have you protected your estate for your blood line?
In a will you can name guardians for your children
Have you made a Lasting Power of Attorney?
Partners living together really do need a will
If I do not have a will and die, will the government take all of my money?
No. Dying without a will is called dying “intestate” and it is written into the law of the land how your estate is distributed. Firstly, if you are unmarried it would go to any children you may have. If there are no children, then it would go to your parents if alive, if not then brothers and sisters and if they are deceased to their children and so on. Only in cases where it is impossible to find any form of relative would the estate go to the crown.
If my spouse dies and we do not have a will, does the estate automatically come to me?
Not necessarily. It depends on the size of the estate. If it is sizeable and you have children, you will receive the first £250.00 of the estate in his name and a lifetime interest in 50% of the remainder with the other 50% going to the children. Without the children you will receive the first £450,000 with 50% going to the parents or brothers and sisters or whoever is alive and you receiving a 50% life interest on the remainder.
My partner and I have been together for ten years and the house is in my partner’s name. If my partner dies will the house come to me?
NO! As a partner you will be treated as a single person and your partner’s estate would pass under “intestacy” rules (see first question). You would have no benefits or inheritance legally whatsoever. You can only appeal to the courts who will take your long standing relationship into account. But anything you receive very likely would not be as much as it would be if your partner had made a will.
Make sure you have wills.
My husband and I have three children and we married after their birth. Does he have parental responsibility if I die?
If the children carry your husband’s surname he has parental responsibility. If not you should make a will in which you name your husband as a guardian in case you die and thus avoid any chance of your husband dealing with the courts or social services for his own children.
I am a single mother with a small child. The father has no contact with us. If I died would he get guardianship of my children?
You should make a will in which you can make your own choice of guardian thus helping to avoid this threat. If the child carries the father’s surname he does have parental responsibility but it could be contested because of the lack of contact.
We are partners and in my partner’s will everything is going to be left to me. The estate is valued at about £500,000 including the house. Would there be any problems?
YES! Everything that passes between partners above £325,000* is currently subject to inheritance tax of 40% which in your case would be £70,000. Depending on the makeup of the estate you might have to sell the house to pay this tax. *This passes free for married couples – “the spouse exemption”
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