Why Unmarried Couples Should Consider Making a Will and Lasting Powers of Attorney Understanding the Legal Risks of Cohabitation Without Marriage The proportion of couples living together – or cohabiting – has been steadily increasing since 2011. In fact, almost a quarter of adults in the UK now live with their partner but remain unmarried. This presents some challenges in respect of the law which can be unhurried in its reaction to the realities of modern life. How Marriage Offers Legal Protection Despite often being seen as an archaic and outdated institution, marriage confers some not insignificant legal benefits. For example, a married person is entitled to a ‘statutory legacy’ of £322,000 from the estate of their late spouse if they die intestate (without a Will). Furthermore, there are substantial tax benefits to being married – in terms of Inheritance Tax, marriage may confer up to an additional £500,000 in tax reliefWhilst perhaps unromantic, these practical benefits of marriage cannot be understated. The Risks for Unmarried Couples Without a Will It must be said that the law is not kind to unmarried couples who die without leaving a Will. The “rules of intestacy” which govern the administration of an estate where a person dies without leaving a will make no provision for a cohabitee, regardless of how long they have lived together or if they have children. Any cohabitee would need to make a claim under the Inheritance (Provision for Family and Dependents) Act 1975 in order to receive anything at all. At a time of tragedy and emotional turmoil, litigation is quite simply the last thing that you would want your loved ones to be forced into and, yet, it may be necessary for their ongoing financial security. How Making a Will Can Protect Your Partner Until such a time as the law catches up to modernity, this can be easily avoided by making a Will which benefits your partner, ensuring that your wishes are carried out even after you are gone. At Browell Smith & Co., our experts are able to meet with you to determine your needs and then prepare the necessary paperwork to give you peace of mind about your financial future. Don’t Overlook Lasting Powers of Attorney (LPAs) Couples who live together but remain unmarried should also consider making Lasting Powers of Attorney (LPAs). These documents allow you to appoint people to act as your attorneys, giving them the requisite legal authority to make decisions in respect of your finances or your health and care if you are unable to do so yourself. This may be as a result of illness or an accident. Speak to ourWills & Probate Solicitors By appointing a solicitor you are able to ensure that your wishes in respect of your finances or your health and care are carried out when you are no longer able to decide for yourself. Without creating LPAs, your partner may be unable to access money held in your sole name, or to be involved in decisions during a medical emergency or long-term care planning. Making LPAs can be tricky but, at Browell Smith & Co., we can help you to smoothly navigate the complex form-filling and registration process. Call us on 0191 691 3417 or request a callback to speak with one of our friendly, expert solicitors today.
What are the risk of using artificial intelligence when writing a will? New research reveals that 72% of UK adults aged between 30 and 34 would consider using AI to update their will. The research, conducted by Censuswide on behalf of The Association of Lifetime Lawyers, found that only half (52%) of wills in the UK have been drafted by a solicitor. This raises concerns that many people may be putting their estate and loved ones at risk due to errors, ambiguous wording, or failure to meet legal requirements. AI and Will Writing As the use of AI continues to rise, experts are stressing that when it comes to wills, it’s vital to have professional legal oversight. It is very important to understand that using AI to update or create your will could have devastating consequences for your loved ones. The Risks of AI-Generated Wills Although the appeal of AI-generated wills is understandable, particularly among younger generations, who may see it as an easy solution, this is quite likely deceptive. A will is one of the most important legal documents you will ever create. Relying on AI to draft or update it without proper legal guidance could result in errors that make a will invalid or lead to unintended consequences, such as disputes between family members or tax implications being overlooked. What Happens When AI Writes a Will? The Association of Lifetime Lawyers has tested various AI platforms including ChatGPT, DeepSeek and Microsoft Copilot to create a will. While they can produce documents that look like a will and meet the most basic requirements, there are confusing structures, poor grasp of legal requirements, lack of understanding of the knock-on effect of key decisions, lack of personalisation and inaccurate wording. Why Legal Expertise Matters AI simply cannot understand the complexities of human relationships, nor can it offer personalised advice based on a person’s unique circumstances. As a result, people may unknowingly put their loved ones at risk by relying on technology to handle such an important document. It’s vital that people seek advice from an experienced legal professional, who can guide them based on your unique situation to ensure your wishes are carried out and help minimise inheritance tax where possible. For expert advice on creating a will that accurately reflects your wishes, please visit www.browells.co.uk or call our wills team on 0191 691 3417.
UPDATE – Probate Registry Delays 2024 CILEX (The Chartered Institute of Legal Executives) have indicated that the severe delays being experienced with probate application will not improve without adequate resources. Further, CILEX have stated that they do not believe that the Probate Registry currently has the “necessary resources, capabilities or expertise to process applications for probate, including complex probate, in a timely manner”. The waiting time for probate has almost doubled within the last financial year and despite this being out of the control of probate practitioners, it appears to reflect negatively on the professionals from a client perspective. It is being widely reported that the delays with the issue of Grants of Representation are causing issues within the property market as sales are falling through due to the delay. The financial consequences of the delays can be dire for the bereaved family members. In response to the House of Commons Justice Committee inquiry into the probate service in England and Wales STEP (The Society of Trusts and Estate Practitioners) are calling for increased staff and improvements in process and believe that it is reasonable to expected Grants to be issued within 28 days. There is new management team in place at the Probate Registry according to the UK’s Parliamentary Under-Secretary of State for Justice and he claims this is part of the recovery plan to address the persistent delays. From 18th January 2024 there has also been a change to the process for submission of Grants where HMRC have received a full Estate tax return which should improve processing times. Only time will tell if the new measures will lead to significant improvements. You can view STEP’s full consultation response here