– Ash, Wybunbury
– Calico, Nantwich
– Louise, Wybunbury
– Rachel, Crewe
Well yes they can, however, dying intestate which is the legal term for not having a will and the laws that surround this are more complex.
And you have no say in who will inherit your estate that no matter what you have to leave whether it be a house, a car jewellery or money do you really want the State to decide who gets what. It’s a sure fire way to cause a family disagreement when no one knows who you wanted to have items of sentimental value
There is also a more important reason if you have children and don’t appoint Guardians then the Courts will decide who brings them up. That doesn’t guarantee it will be who you would of chosen and until a court appointed guardian is in place they could well be in Local Authority Care.
In an ideal world this seems such a simple thing to do. The reality is very different.
If your house is owned by your children, this means it’s their asset and you are no longer the owners Which means should they divorce it will be used in the financial settlement award to the other spouse. If they get into debt it will be used as an asset to settle this. If they like they can re-mortgage or secure finance against it They can sell your home without any consent from you leaving you without the roof that you worked hard to put over your heads.
Well unfortunately unless you own your property and bank accounts as Joint owners then this may not happen as English Law doesn’t recognise “Common Law” no matter how long you have been together. They only want that you can guarantee they get what you want them to have is by writing a will
In an age where blended families are common, many are people are surprised that the act of Marriage invalidates your will so even if you made one previous to your wedding then you will die intestate. That means that the law leaves the first £270000 and half all everything else to your new Spouse. Also once someone has inherited its theirs to do with as they please and a surprisingly high number or step children are either accidentally or deliberately disinherited.
None of us like to think there will be a time when we can’t manage without help whether that be someone doing your shopping or paying your bills. Or even worse who will look after your loved ones when you can’t.
Unfortunately, dozen of people I their 40s are being diagnosed with dementia some as young as 23.
That’s without the effects that Virus like CV19 can cause leading to long term care needs.
Also accidents happen and none of us have a crystal ball to foresee what’s around the corner.
All of these situations can be easily dealt with by an informal chat, my job is to give you advice how I earn my living is if you chose to take me up on this