You may be one of the 50+% of adults in the UK who have not made a Will.

You probably want to make a Will but keep putting it off…as people do!

Maybe you have made a Will already but do you know is it fit for purpose or if it is still valid?

I am starting to find the answer to this question “What triggers the decision to make a Will”

I regularly attend an excellent Business Networking organisation called 4 Networking (“4N”). I go to 4N breakfast meetings in Bath, Bristol, Chippenham, Cirencester and Trowbridge. At each meeting I get a chance to talk to the group and hopefully educate and inform my fellow networkers.

It has become clear to me that many of these well informed and experienced people are simply not aware of the problems in store for them if they do not have a Will in place, or do not have their existing Will reviewed regularly.

At every meeting I find people who have been blissfully unaware of serious and important issues that are relevant to their personal circumstances. Following my presentations, many at these 4N meetings have been ‘driven’ to immediate action and called on my services.

So, to me the answer is clearer now. When presented with the facts about both the problems in store for your loved ones and the inheritance laws that apply to everyday personal and family situations most people feel compelled to take action.

So here are 4 things too many people don’t know:

* If you have a young child and no Guardian appointed in a Will, Social Services will have responsibility for you child – NOT a god-parent and NOT a close relative

* If you are part of an unmarried couple your partner will inherit nothing unless it is allowed for in your Will

* Your child might inherit nothing at all if your parther remarries (sometimes called ‘second marriage syndrome’)

* If you get married your existing Will is invalid unless ‘made in contemplation’ of that marriage

So, plenty of sound reasons to sort out your Will now or have it reviewed if you have one already. Circumstances change regularly and your Will should reflect that.

If you would like a free no obligation Will review or if you want to arrange a visit please call Bill Ryan on FREEPHONE 0800 878 6565 or 07942 959599. Alternatively use the contact page and you will be called back shortly.

There are many people who choose to live together without getting married or becoming civil partners.

The idea of ‘common law marriage’ is a bit of folklore that permeates many peoples thinking. The belief that they will automatically benefit from legal safeguards if their relationship breaks down or one partner dies is quite wrong.

Their relationship with each another has no legal standing, and they have no special status in English law.

If you do not have a Will, as you are not related, should one die their estate will pass to their immediate family under the intestacy rules, rather than to their partner (except their share in the home if they are joint owners and hold as joint tenants). The surviving partner cannot get involved in administering the estate either.

If you do have Wills, do they suit your circumstances as unmarried partners?

Whatever a common law wife may have meant in the past it will not give the surviving partner any help should either one of you die intestate.

If you would like some advice or to arrange a visit please can call FREEPHONE 0800 878 6565 or 07942 959599 or use our contact page and we will call you back.

Affordable peace of mind for people from all walks of life and for those not wanting the cost of a high street solicitor.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

Are you unmarried partners without a Personal Welfare Lasting Power of Attorney (LPA)?

What happens when an unmarried individual lacks the mental capacity to make their own choices. Normally, it falls to their next-of-kin, which could be parents if they are alive, or children, or failing that then a brother or sister and so on. Whoever it is will be called on to make important and maybe difficult decisions.

So without an LPA in place it is quite possible that a relative who is unclear of the wishes of the individual concerned is left to make very important decisions on their behalf.

For an unmarried individual without an LPA, the process of selecting who is to make decisions on their behalf should they lose mental capacity is out of their control, to a certain degree.

What’s different between an unmarried couple without an LPA and a married couple or civil partners without an LPA?

For a married person or civil partner, the next of kin is always their spouse or civil partner. This is straightforward as the decision making will vest in them. It is still advisable to have an LPA in place to allow the individual to retain control over who should be given decision-making powers on their behalf. Importantly, it gives an opportunity to select additional people to act as an attorney and the also option to name replacements in the event that an attorney is unable to act.

A partner who is not a spouse or a civil partner will not normally be ‘legally’ able to make decisions, on behalf of their partner in the event of lost mental capacity.

How does having a personal welfare LPA help?

By having a personal welfare LPA an individual can dictate who is to make decisions about them, should they lose mental capacity. They can name their unmarried partner as an attorney with the requisite legal authority. Thus a personal welfare LPA gives an unmarried couple the opportunity to put themselves in the same position as a married couple or civil partners in relation to the decision making in the evnt mental capacity is lost. So it can help to remove the a layer of uncertainty and vulnerability that can affect an unmarried individual later in life.

When should I make an LPA?

It can be too late to make an LPA. That’s because an LPA can only be drawn up whilst still mentally able to do so. Once a person is deemed to be mentally incapable it is just too late to do it. At this stage the normal recourse is through the courts which can be stressful and expensive.

If you would like to arrange a consultation please call Bill Ryan on 01225 582582 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.