Ian Nicholson from Beaulieu Wills and Estate Planning writes for Phoenix FM:

Following on from my recent November 2020 Blog, the family are now sitting around the dining table talking about, dare I say it aloud… ‘dying’. However, Mum and Dad are quite convinced that all will be ok should this unfortunate issue arise, without the need to set up a Will. As, of course their estate will automatically go to their two lovely children. And if anything happens to them, both the Granny and Grandad will look after the kids.

“Oh, if only it was as simple as that!”

So many times, people are genuinely surprised and shocked to learn that this isn’t always the case. Especially if Mum and Dad aren’t legally married, and also if most of what they own or have saved isn’t in joint names. For a start, if both parents sadly die leaving kids under 18, the odds are they will be put into at least temporary care by the local authority should provision not have been made.

Similarly, if Mum and Dad aren’t married and the house is only in one of their names (which does amazingly still happen), then if the owner dies the survivor isn’t entitled to the house! FACT! And if they have a large Estate, which can easily happen now with property prices and the like, then if they die without making a Will (called dying Intestate), the laws of Intestacy kick in.

That means the first £270,000 goes to the surviving spouse, with the balance being split 50:50 between the spouse and the surviving kids… ((thought provoking, ey?)

Now that may not sound like a big problem, but if the Estate is over £1,250,000 (which again can happen with property prices and Life Assurance payouts) then although the spouse won’t have to pay Inheritance Tax, the kids actually might!

“All this chaos and red tape can be avoided and sorted swiftly by getting your house in order and your Will properly and professionally drawn up”

It would mean that:

• The parent that dies estate can be passed 100% to the surviving spouse without any inheritance tax to pay

• Gifts can be made to the kids, but under the Inheritance Tax Limit

• The house can pass to the survivor without contestation

• The children can be looked after by Guardians that you have appointed, who will care for them the way you’d want them to be cared for

I can do all of this for you without fuss, without delay, with clear explanations, and with a cost that doesn’t give you a heart attack!

Now, back at the dinner table Mum, Dad and kids can tuck into their Christmas Dinner safe in the knowledge that everything’s legally sorted by the experts.

Till next time I wish you all a very Merry Christmas and an incredibly Healthy and Happy New Year!

If you’d like to sort your situation out please get in touch at ian.nicholson@bwep.uk, 01277 562567 or check my website at www.bwep.uk