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If I am married or in a civil partnership, do I really need a will?

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Many people mistakenly believe a marriage or civil partnership negates the need for a will. This month, Rosie Dixey explains why this is simply not the case…

If I am married or in a civil partnership, do I really need a will? Doesn’t my spouse just inherit my estate?

It is a common misunderstanding that if you die without a will, your spouse or civil partner is entitled to everything. This is incorrect.

Someone without a will is deemed by the law to have died ‘intestate.’ This means your estate must be distributed quite specifically, in accordance with the law. It does not all go to your surviving partner.

Joint assets

If you have a joint bank account, this will automatically pass to the surviving owner upon your death, however, property you buy with a spouse is a different matter – it depends how it was purchased originally.

There are two ways to own a property with someone else, known as ‘joint tenants’ and ‘tenants in common.’ If you are joint tenants, the property passes automatically to the survivor upon the first death, outside the terms of any will.

Tenants in common own a specific share of the property, which means your portion can be left to whomever you choose in a will. Alternatively, it will be distributed according to the intestacy rules and your circumstances would determine whether your partner received the entire share.

The intestacy rules

If you do not have any children and you are married or in a civil partnership, your spouse will indeed inherit your entire estate if you die without a will.

However, if you do have children, your partner is entitled to the first £270,000 and your personal belongings, but anything in excess of this amount is divided into two. They will receive 50% of the remainder and the other 50% will be split equally between your children.

If your children are under 18 when you die, their proportion of your estate will be held in trust until they are deemed old enough to receive it, which can become a bit messy.

Making a will

So, in answer to your original question, yes, we would advise you to make a will, even if you are married or in a civil partnership. It is relatively quick and inexpensive to do and will allow you to choose who benefits from your estate. If you want to leave everything to your partner, you can do so!

Without a will, your loved ones are likely to face a much more protracted and potentially expensive legal process, at a time when they are also dealing with their grief. By planning ahead and making your wishes clear, you can spare them some of this heartache.

To find out more about making a will, why not book a free 30-minute consultation with one of our probate specialists? Call (0114) 218 4000 or email: info@tayloremmet.co.uk


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