John Toule Wills

Working with you to secure your future

It’s a well known fact that the intestacy (what happens to your estate if you have a will) laws and rules are so far out of date as to be almost embarrassing. While we live in UK plc with one third of people not married or single, over 40% of children are now in an unmarried relationship, we have no sensible provision in law for these people’s estates other than to give their money to the wrong people at the wrong time, especially when they are part of a partnership (one of each sex or both of the same) who choose not to get married or form a civil partnership.

Quite simply, if you’re not married then your partner won’t get a penny from your estate if you haven’t got an up to will.

The government are now reviewing the situation rather than making it compulsory for everyone to have an up to date will.

The consultation paper reviews the current situation, looks at options for updates and ask questions of those consulted including asking them their ideas for the reform.

They’ve decided to look at:

• Surviving spouse entitlement
• Should cohabitants be in the intestacy laws
• Trusts for children and adopted children’s rights
• The distinctions between half and full blood siblings
• Family provision where the deceased didn’t have a permanent home in England or Wales

The consultation proposes that for cohabitees, when a child is involved, then the estate is treated under current ‘married’ rules. If there are no children the document suggests that after five years is good enough for cohabitees to be treated the same as married people.

Currently adopted children lose their right to inherit at age 18; they are looking to lose this restriction.

Many of these suggestions are obvious and should be implemented. We shall have to wait and see. However, a statutory will, or ‘intestacy’ (where there is no will) doesn’t become anywhere as near as useful a legal document for your family, friends and dependents as making a last will and testament. This should be achieved as soon as possible and updated regularly.

Writing your will ensures the right money goes to the right person at the right time.

John Toule

John Toule Wills