LATEST TWEETS

The terms libel, slander and defamation are often used interchangeably in everyday use. But what do these terms ac… https://t.co/8H8n6KPyHv

Whilst most powers of attorney appoint family members, there are times when a professional may be a better choice… https://t.co/2v6GI0yULu

Have you ever considered a cohabitation agreement? https://t.co/8jKj1i3RiE #partnership #cohabitation #lawyers… https://t.co/tDWFDlFo8z

Have you updated your will recently? #wills #solicitors #lawfirm #cornwall https://t.co/QHHCRoZVMy

Making a will after your spouse or partner has died

Coming to terms with the death of your spouse or partner will take time, but at some point you will need to think about financial and legal issues. Once probate has been obtained and their estate has been settled, you may need to think about whether you should make a will – or amend any existing will. Deborah Adams, Director of Private Client Services at Parnalls Solicitors, explains what you should think about to protect your financial position and to provide for your loved ones on your own passing.

If your partner died without a will or with an out-of-date will, then you may have encountered problems which you would like to prevent for your executors.

If you made your wills together, then your options may be limited by the type of will.

Although not common, if your existing will is a mutual will – made jointly with your spouse or partner – then it is effectively a contract preventing either of you from changing it both before and after death.

If you made mirror wills – separate wills made on virtually identical terms usually leaving your estate to each other when the first of you dies – and you did not include an agreement not to change it, then you are free to change your will.

If in doubt, show your existing will to your solicitor for specialist advice – it may well be that you do not need to make a new will anyway.

Things to think about

When you feel able to think about taking steps to make a new will, consider carefully how you want to divide up your assets and who should inherit your money, property and any specific items. You can also appoint guardians in the will if you have children under 18.

The value of your estate may be substantially more than previously so it might be appropriate to think about how your will can be structured to minimise the amount of inheritance tax payable when you die. There are ways in which your will can be used to do this, for example, through specific gifts or making a will trust, so specialist legal advice is vital.

If your spouse or partner was the main beneficiary or your executor, then you will need to consider who you wish to benefit from your estate and who you trust to manage your affairs. Your will allows you to decide who gets what when you die, whether they are your children, friends and family – or a charity; and you also get to choose your executors to deal with the estate. Without a will, the law dictates who inherits what and who is entitled to administer your estate.

Now that you can make decisions on your own you might wish to do something different with your will, something which your spouse may not have supported. For example, you may take the view that your children have made more than enough money and wish to leave your entire estate or a significant portion to a charity.

If your late spouse had children, it is wise to take their needs and circumstances into account. For instance, if stepchildren are financially dependent on you it is important to consider whether you should make provision for them in your will, otherwise there could be the risk of a legal claim against your estate.

More haste less speed

Unless you are very ill, or there is another reason why you need to make a will urgently, take care not to act too speedily.

To make a will, it is necessary to be of sound mind and have what is called ‘testamentary capacity’. So, if you are still suffering deeply because of your grief it is best to delay making a new will, otherwise the will might be challenged after your death and could be deemed invalid on the basis that you lacked the necessary mental capacity

Take care also if someone tries to pressurise you into making a new will, including terms to their own benefit or excluding other family members.

It is important to discuss such issues with your solicitor, particularly if you are suffering acute grief, are worried about undue influence, or wish to make arrangements which might be unpopular.

You can amend your will as often as you like, so keep your new will under review, particularly if your financial or personal circumstances change. Remember, if you remarry or enter into a civil partnership, any existing will is automatically revoked and is no longer valid so you will then need to consider making another will.

For further information, please contact Deborah Adams, Director of Private Client Services at Parnalls Solicitors on 01566 772375 or email adamsd@parnalls.com

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

MORE NEWS

KATHERINE FLASHMAN KITSON CELEBRATING 25 YEARS AS A DIRECTOR OF PARNALLS

Do you know the difference between…

When to consider appointing a professional attorney

Should I get a cohabitation agreement?

The Need for Updating Wills

The Right to Make Noise

Ill-health pension transfer not liable for IHT

Legal Time Limits - why so important?

Would you pay a premium for a south-facing garden?

Video-witnessed wills to be made legal

New Planning Relaxation Is Not the Whole Storey

How to minimise delays in obtaining Grant of Probate

Could you benefit from the Green Homes Grant?

A SHOCK TO THE SYSTEM: new electrical safety regulations for residential tenancies

Property of Cornish residents who die without a will goes to Prince Charles

Does your lawyer progress your accident claim efficiently and provide you with a personal and professional service? Can i change solicitors for my accident claim?

What effect could the new changes to stamp duty have on property sales?

Preparing to sell your Launceston property

Staying safer in video meetings

Making Sure Your Great New Home Comes With Clean Air

Property Market Re-Opens in England

Coronavirus: Wills and Powers of Attorney FAQ

Medical Care Received Not Up to Scratch?

Had an Accident in Someone's Home?

Accident or Injury Involving a Dog?

Social Distancing No Obstacle for Parnall's Mobile Document Signing Team

Coronavirus (COVID-19) and Commercial Property Legal FAQs

Rent Charge Suspensions: Protecting Your Interests

Been Asked to Sign an Employment Settlement Agreement? Seek Advice Urgently...

Services Update: Continuity of Legal Service Provision

Advising You in Uncertain Times

Coronavirus Update

Could carelessness on social media land you in court?

Is an electronic signature on a commercial property document acceptable?

What happens when there is no health & care LPA in place

Social Media Training for Businesses

Information to gather for your probate solicitor

Gazundering, what it is and how to avoid it

Relief from forfeiture – what happens if the tenant forgets to pay the rent?

Not so safe at work - compensation for an accident at work

New organ donation law: giving you control

Running a business from home

Have nude photos of you or your teenager been posted online?

Landowners’ rights and the Electronic Communications Code

Building in your back garden

Christmas is a time for giving (and inheritance planning)

Buying the freehold of your leasehold house

Redeveloping an empty pub for commercial use

Why it takes time to obtain the Grant of Probate

Social Media: The unconscious privacy threat

Is your reputation being threatened?