Cohabiting couples often immerse themselves in the romantic aspects of their relationship, revelling in shared experiences and treasured moments. However, amidst the day-to-day joys of living together, it's vital for couples to also confront the practicalities of what might happen if one (or both) of them should pass away.
One such crucial consideration is the creation of a Will, a legal document that dictates how assets and possessions should be distributed in the event of a death. While discussing death may not be the most romantic conversation, having a Will in place is a proactive and responsible step that can provide peace of mind and protection for both partners.
One glaring example of when not having a Will can lead to chaos is in cases of Intestacy. Without a Will, the distribution of assets and property may fall under the Intestacy Provisions of England and Wales, which might not align with the couple's wishes. For instance, without a Will, a surviving partner may not automatically inherit the shared home or other assets, potentially sparking homelessness, disputes or financial distress.
Consider the widely reported case of Prince, the iconic musician, who tragically passed away without a Will in 2016. Despite his vast estate valued at hundreds of millions, the absence of a Will led to a complex and protracted legal battle involving numerous claimants, including half-siblings and extended family members. This case serves as a stark reminder of the complications that can arise when estate planning is neglected, even for individuals with substantial wealth and fame.
Furthermore, imagine a situation where a cohabiting couple has amassed a collection of valuable sentimental items, such as heirlooms or artwork. Without a Will specifying who should inherit these cherished possessions, disagreements among family members or disputes with estranged relatives could arise causing unnecessary turmoil.
Moreover, without a designated executor named in a Will, the administration of the estate can become chaotic. In cases where there are no clear instructions on asset distribution or estate management, surviving family members may struggle to navigate the probate process, leading to delays and confusion.
Finally, beyond asset distribution, the absence of a Will can have profound implications for dependents, such as children. If parents pass away without appointing guardians for their children in a will, the fate of the children becomes uncertain. This situation can create emotional turmoil for the children, as well as prolonged legal battles among relatives vying for custody. Additionally, the children may be placed in temporary care or foster care until a suitable guardian is appointed. Making a Will and appointing guardians is essential to ensure that the children are cared for by trusted individuals who can provide them with love, support, and stability in the event of their parents' passing.
Helpful Checklist for Making a Will:
- List all assets, including property, investments, savings, and personal belongings.
- Decide who you want to inherit your assets and specify their shares.
- Consider appointing guardians for any minor children or dependents.
- Choose an executor to manage your estate and carry out your wishes.
- Include instructions for the distribution of sentimental items or family heirlooms.
- Specify any funeral wishes or arrangements.
- Review and update your Will regularly, especially after major life events such as marriage, divorce, or the birth of children.
In conclusion, while romance forms the cornerstone of relationships, practical considerations such as estate planning should not be overlooked. Creating a Will enables couples to safeguard their partnership, assets, and loved ones, ensuring that their wishes are honoured and their legacy is preserved.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
