the carer some money , another might disagree . A row can start about who understood the deceased better and it ’ s easy for tension to bubble up .
You can add to a Will at any time , but a signed letter does not count . Disputes sometimes arise over a letter of wishes written by the deceased but not reflected in the body of the Will , as these have no legal standing . A legal document called a codicil must be drawn up to record any amendments . Specialist solicitors will even visit people in hospital , nursing homes or at home if they want to alter their last wishes , or indeed make their first Will .
Don ’ t rely on common law
Few phrases send mutters of frustration through a legal office like “ common law spouse ”. Contrary to popular belief there is no such thing as a common law wife or husband . Only marriage and civil partnership offer the legal protections associated with a lifelong partnership . Just after he finished the wildly successful trilogy that began with The Girl with the Dragon Tattoo , Stieg Larsson ’ s unexpected death left his unmarried partner in an impossible position . Despite being Larsson ’ s partner of 32 years , Eva Gabrielsson faced a bitter fight to keep the apartment they shared , let alone a portion of the Swedish author ’ s £ 20million fortune or the rights to his books . The pair never married for fear of compromising the secure identities they used since Larsson ’ s anti -fascist journalism prompted death threats . As the writer died without a Will his entire estate went to his father and brother .
Over a five-year court case Gabrielsson argued her partner would have been shocked to learn his literary legacy would be under anyone else ’ s control . She also said Larsson ’ s blood relations had little to do with him in life . In turn Larsson ’ s father claimed he encouraged his son to turn from journalism to popular novels . Further complicating matters a Will was discovered from 1977 in which Larsson left his assets to the local
Communist Workers League , but as it was unwitnessed the document was invalid .
In England , just as in Sweden , none of these personal circumstances are automatically taken into account when someone dies without a valid Will . Instead their estate will pass through Intestacy Rules to relatives in a specific order . If there are no relatives , the money will pass to the Crown . This process rarely matches up with the realities of personal relationships , or the perceived wishes of the deceased , so disputes are common .
In England even if people have been in an unmarried relationship for decades they have no right to their partner ’ s estate unless they ’ re named in a Will . This can leave the survivor in the difficult position of having to ask their deceased ’ s partner ’ s family whether they ’ re willing to give up some of the inheritance they ’ ve been granted by default . If they refuse , the partner may be able to bring a claim under the Inheritance ( Provision for Family and Dependants ) Act 1975 , but only if they lived with the deceased for at least two years continuously immediately before they passed away .
Children , step-children , former spouses who have not re-married and anybody who was at least partly financially maintained by the deceased can also make a claim under this law . While marriage does offer some inheritance safeguards , they are often overestimated . People who are married or in a civil partnership get a statutory legacy if their spouse dies without a Will , but anything above that then passes through the Intestacy Rules .
Avoid technical issues
A Will must be technically correct to be legally binding .
In the high profile Marley v Rawlings case a husband and wife prepared Mirror Wills so the inheritance would go to the surviving spouse when the first partner died and the estate would pass to their adopted son on the second death . Unfortunately Mr and Mrs Rawlings accidentally signed each other ’ s Will instead of their own . The mistake was only noticed seven years later , when both had died . This made the documents invalid so the couple ’ s two natural children , neither of whom was mentioned in the Wills , got the estate through Intestacy Rules . Their adopted son got nothing .
Watch out for lifetime gifts
There can be claims of unfairness if a parent has financially supported one child more than another during their lifetime and this isn ’ t reflected in the Will . Keeping a record of which child has been given what , such as help with deposits and reflecting this in the Will can help everyone see a parent has done their best to be fair .
Fights sometimes start because a parent made a substantial lifetime gift but didn ’ t change the Will afterwards . For example the family home might have already been transferred to one child who looked after their parent , but the Will may still state that it will be split between all the children .
Across the UK , inheritance laws allow people to leave their money to whoever they like , but there ’ s a higher chance of legal disputes if close relatives are not provided for .
If you only do one thing ...
Make a Will . Two thirds of people in the UK have never written one and it is the only way to legally protect your inheritance decisions . It ’ s also the best way to prevent arguments over your wishes .
Given the fact that a qualified solicitor can be instructed to write a Will for less than £ 200 , while inheritance claims often run into tens of thousands , it is money well spent . Seeing a solicitor face to face you get advice on how to deal with your particular situation in a way that will give your family the best chance of avoiding legal disputes altogether .
Make a Will . Two thirds of people in the UK have never written one and it is the only way to legally protect your inheritance decisions .
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