Legal pitfalls of not having a will – Rachel Hanson advises on issues blended families face
Jan 24, 2020
With divorce rates on the rise nationwide, it is becoming increasingly more likely that people will not remain with their original partner.
With divorce rates on the rise nationwide, it is becoming increasingly more likely that people will not remain with their original partner.
For those entering into a new relationship, especially with children from a previous partnership, you will need to be aware of the issues surrounding your situation should you not have a Will.
When one or both parties already have children, the term blended families is used and can be a very challenging affair should either parent not leave their wishes in place.
Our Private Client Associate Rachel Hanson spoke to the Telegraph & Argus on the legal pitfalls these families face.
Rachel said: “Without a Will, and dependent upon the value of their estate, their estate will pass first to their spouse or civil partner, then to the children of that spouse or civil partner, potentially leaving their other children from a previous relationship with nothing.
“Nobody wants to be in these positions. That is why it should be a priority to discuss your estate with a qualified legal expert and have them draw up a Will which reflects your choices.”
During her eleven years at Walker Foster Solicitors, she has worked with parents of blended families throughout Yorkshire to ensure their wishes are carried out.
Speaking to a legal professional and planning ahead can save your family a huge amount of distress and ensure no one is unfairly left out.
For more information on wills for blended families, visit our Wills, Probate & Lasting Powers of Attorney page or contact Rachel Hanson who is based at our Ilkley office on 01943 609969.
We also have experienced staff at our Skipton, Barnoldswick and Silsden office, who are more than capable of dealing with your will query.
To read the T&A article in full, click here.
Powers of Attorney (PoA) and Lasting Powers of Attorney (LPA) provide peace of mind that, should you become unable to make decisions yourself, a trusted person you have chosen will act on your behalf. They will be able to manage your affairs in line with your wishes, ensuring important matters are handled with care and responsibility.
When someone dies, everything they own - known as their estate - must be carefully managed and distributed in accordance with their wishes as set out in their will. This process involves not only passing assets to the chosen beneficiaries but also handling debts, taxes and legal formalities along the way. For many, this can be a daunting and emotional task, especially during a time of grief.
When a loved one passes away, going through the process of administering their estate will always be emotional and complex. But when the original will cannot be found, the situation becomes even more difficult - raising questions about the deceased’s true intentions and creating uncertainty for those left behind.
After talking to clients about the planning of their affairs, we at Walker Foster discovered a common misunderstanding over the difference between an executor and an attorney.
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