Why it’s so important to make a Will after the loss of a Spouse or Civil Partner

Having a Will and going through the Probate process can be a daunting prospect but is an essential part of safeguarding your family’s future.

What is a Will?

A Will is a legal document that outlines who you wish to deal with your estate and how a your assets should be distributed after your death. It provides clarity and direction, minimising the chances of disagreements or conflicts. It also allows you to protect your loved ones, particularly in situations where you have dependents or individuals who rely on your support. You can specify your wishes regarding property, finances, personal belongings, and even guardianship for any minor children, providing peace of mind to you and your surviving family members.

Why do I need a Will?

When a loved one passes away without a Will, it can create confusion and disputes among family members. Where you are the surviving spouse or civil partner of someone who has passed away without a valid Will, it can be a simpler process, but you can still find yourself faced with challenges.

Anything held in the joint names of you and your spouse or partner will pass to you automatically. As a surviving spouse or partner, you are entitled to the first £270,000 and all personal possessions as a statutory legacy of anything in your spouse’s or partner’s sole name. Any sum over that will be divided equally between yourself and your spouse’s or partner’s children if they have any.

If you are newly widowed, it is beneficial to review your situation to confirm if you need to implement a new Will for yourself or update an existing Will. If you have a Will already in which your spouse or partner was the main or sole beneficiary, it will be necessary to review your wishes to ensure that your estate passes to whom you wish to benefit from it.

A Will also enables you to plan for potential inheritance tax that may be payable by your estate upon your death. By working with a solicitor specialising in estate planning, you can explore strategies to minimise the tax burden on your estate, ensuring that your beneficiaries receive the maximum inheritance possible.

What happens if my Spouse passes away without a Will?

When someone dies without a Will, their estate enters the Probate process, which follows intestate laws for asset distribution. These laws may not align with your wishes or the needs of your family. By having a Will, you can avoid the intestate laws dictating how your estate is divided. Instead, you can designate specific beneficiaries, whether they are family members, friends, or charitable organisations, allowing you to have control over your legacy.

What is Probate?

Probate is the legal process that validates a Will and oversees the distribution of an estate. It ensures that the deceased person’s debts are paid, and assets are distributed correctly. However, Probate can be a complex and time-consuming process, often lasting months or even years. Having a valid Will in place can sometimes expedite this process, making it easier for your loved ones to access the assets they need during a difficult time.

Dealing with the loss of a spouse or partner is undoubtedly a challenging journey. However, taking the necessary steps to establish a Will and understand the Probate process is crucial for securing your family’s future and ensuring your wishes are carried out. By having a valid Will in place, you can provide clarity, protect your loved ones, and minimise potential conflicts during an already challenging time.

How we can help

At Harding Evans, we have a team of specialist Wills & Probate lawyers who can speak with you to discuss your requirement and support you, helping you navigate what can be quite a complicated area.