The Point of Will
Making a Will is about ensuring that what you have, goes where you want to, and looking after the people you care most about. The will provides instructions on who should act as guardian to your children
If you die without a Will, then the Government will decide who will inherit your estate in accordance with the Laws of Intestacy.
These laws state that your spouse may end up sharing your estate with your children or parents, or if you are an unmarried couple then your partner may not get anything
Without knowing who you want as guardians, the authorities will decide who is best placed to look after your young children, which may be hugely upsetting and disruptive
It can also mean that your partner (if you are not married) does not automatically become guardian of young children, even though they may be the father.
Have you considered if you past away and your partner remarries? If your partner then passes away who inherits your estate? Your children or the new, partner?
​The right will can protect your inheritance for your children if your surviving partner re-marries. The right will can also protect your inheritance for your children if your surviving partner encounters aggressive creditors. This can be done using a trust
WHAT HAPPENS IF YOU BECOME UNABLE TO MAKE DECISIONS FOR YOURSELF?
This could be through illness as you become older or through accident. The effects can be devastating. The Court of Protection would freeze your assets and appoint a professional usually a solicitor at great cost to oversee your finances
Your partner would have to approach the court of protection every time they need to access your funds and the court of protection re obliged to think of your best interest rather than the best interest of the familyThe solution is to organise Lasting Power of Attorney documents There are two types: 1st - Property & Finance & 2nd Health and welfare
PROPERTY AND FINANCE
This document allows you to appoint someone you trust to run your banking, manage your property, sell and buy property on your behalf should you lose the ability to do so.welfare
HEALTH & WELFARE
This will allow trusted people to manage your health. le argue your wishes on care plans and ultimately argue your wishes regarding life support.
Now is the time to act as you just never know what's around the corner and once you have lost capacity you lose the right to choose who you trust to make decisions on your behalf.