FAKE NEWS: We don’t need Wills, we will inherit everything from each other as we are married! It is a very common misconception that everything passes to the surviving spouse / partner upon first death. In some cases, this will be true, for example, when the deceased does not have children or if the value of the Estate is below £322,000. For Estates worth in excess of £322,000, where the deceased has children, the surviving spouse/partner will receive the first £322,000, the personal possessions of the deceased and 50% of the remainder of the Estate (the residue). The other 50% of the residue is shared equally between the children of the deceased. This may not be the wish or intention of the first spouse/partner to pass away, may have adverse tax implications and could potentially lead to claims by disappointed beneficiaries who have not been adequately provided for. It is essential to obtain expert advice and put a suitable Will in place. Our expert team can assist you with your Estate planning needs.
Which is more important; Lasting Powers of Attorney (LPA) or Wills? We would say that they are of equal importance. A Will ensures insofar as is possible (i.e. in the absence of any successful challenges / claims) that your wishes are carried out after your death. Lasting Powers of Attorney give you the opportunity to appoint trusted people to make decisions on your behalf whilst you are still living, including if you are unable to make decisions for yourself due to a temporary or permanent loss of mental capacity. Less than half of the adult population have a Will in place, but a staggering statistic is that less than 1% have LPA(s) in place. A significant percentage of the adult population have no knowledge at all of LPAs. According to the Alzheimer’s Society, one in 3 of the over 65’s in our population are living with dementia it is essential to consider making LPAs so that there is someone in place with status to make decisions regarding your financial and property affairs and your health and welfare. Aside from dementia, there are a number of reasons why you may be unable to make a decision for yourself in the future such as cognitive impairment following stroke, brain injury or other medical conditions such as schizophrenia or bipolar disorder. Registering LPAs gives you, and those who would want to step in to assist you, peace of mind that this will be possible immediately upon there being a need for assistance.
Could you be entitled to backdated Bereavement Support Payment (BPS) or Widowed Parent’s Allowance (WPA)? Bereaved parents should check their eligibility for financial support following recent changes in the law. The Supreme Court, in 2018, ruled that it was not in line with the European Convention on Human Rights for unmarried partners with dependent children to be unable to claim BPS / WPA. The Law changed from February 2023 when parliament approved the Bereavement Benefits (Remedial) Order 2023. Cohabiting couples with dependent children are now eligible for BSP and WPA to ensure equality between cohabiting couples and those in marriages / civil partnerships. The DWP are currently taking claims for those whose partner died between 9 April 2001 and 8 February 2023. Claims must be submitted by 8 February 2024. Find out if you’re eligible here Eligibility criteria for claims can be found on gov.uk