News & insights Getting married soon? 3 minutes of reading - Written by Roche Legal If you are thinking of getting married soon then no doubt you are busy making arrangements for your big day. Aside from the important details of booking the venue, choosing the dress and sorting out the guest list, there is one aspect that commonly gets overlooked – making a Will. If you have a current Will and subsequently get married, then your Will is automatically revoked. This means that your wishes will not be carried out on your death, even if under your current Will, you had made provision for your intended. It is also a common misconception that on death your assets will pass automatically to your new spouse, but this is not necessarily the case. If you die without a Will then your estate passes under the laws of intestacy, which means dependant on your circumstances that your spouse inherits a set sum with the rest passing to children or other family members. Of course, death is not something any of us like to think about, especially on your wedding day, but dealing with it now can put your mind at ease and ensure that you can go off on honeymoon knowing that your affairs are in order. We can advise you on all aspects of making a Will and create a Will for you, before the big day, which will remain valid and in place afterwards. We can also deal with the appointment of guardians for any young children and the setting up of Trust Funds for them to help with their education and upbringing. If it is a second marriage, there may be other considerations such as providing for different sides of the family, especially where both spouses have children from previous relationships. Finally, if you are in a relationship and not considering marriage, you still need a Will; perhaps even more so in this situation because the current laws of intestacy do not make any provision for cohabitees. We offer free home visits and consultations and are fees are fixed from the outset wherever possible. How Roche Legal can help We are reassuring experts who can help you with a wide range of legal matters. Please get in touch if you need legal support with: Trusts and Estate Planning Wills Probate and Estate Administration Contested Probate and Will Disputes Powers of Attorney Court of Protection matters Presumption of Death Applications Missing Persons Guardianship Applications Further Reading When is a Lasting Power of Attorney legally created? In N & S v E & M (2014), the Court of Protection ruled that a Lasting Power of Attorney is legally created when registered by the Office of the Public Guardian, not when signed. This case highlighted that a Lasting Power of Attorney takes precedence over a living will if both are signed on the same day. When is the value of your home disregarded for nursing home fees? The Walford, R v Worcestershire County Council (2014) decision resulted in a daughter successfully having her mother’s home value disregarded in calculating residential care home fees. The court ruled that the property could not be considered in the means assessment because it was her “home,” taking into account both physical and emotional attachment. Our promise to you when writing your Will excerpt in 2 sentences from below: There has been much written about the adequacy of Will writing services around the UK in the last 12 months. As a firm of solicitors authorised and regulated by the Solicitors’ Regulation Authority you can be confident that we will prepare a Will for you which is both in accordance with your wishes and legally sound. Our promise to you: We will at all times act in your best interests We will provide a proper standard of service We will, at all times, behave in a way which maintains your trust Appointing us as your executors: In some instances, our clients wish to appoint us to act as their executors and trustees – this is usually in circumstances where there is no obvious family member to take on that role or the person making the Will would prefer to appoint someone independent. If you decide to instruct us to act for you in this role we will always: Explain the options available to you Ensure that you understand that executors do not have to be professionals; that there may be a family member or a beneficiary under the Will; and that non-professional executors can choose to instruct a solicitor to act for them if this proves necessary and will be indemnified out of the estate for the solicitors’ fee Document the advice given concerning the appointment of executors and your decisions Ultimately, the decision is yours as to the content of your Will and who you chose to be your executors. We will always discuss the options available to you so that you can make an informed decision. There has been much discussion about the adequacy of Will writing services recently. As a regulated firm of solicitors, we ensure your Will is both legally sound and aligned with your wishes, and we offer options for appointing executors to suit your needs. 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