Intestacy and second marriages

It is a common misconception that making a Will is anHowever, if there are no children, the surviving
expensive business – and this deters manyspouse receives the first £450,000 and a lifetime
people from doing so. There's the added factor thatinterest in half of what is left – with the rest
making a Will means people must confront their owngoing to other close relatives specified in the rules.
mortality. But whilst a properly drawn up Will byBut problems arise where, for example, the value of
professionals can cost more than £100, the failurethe matrimonial home is similar or more than the
to make a Will can prove far more costly for thoseamount the spouse is entitled to. This can lead to
left behind, long-term.other relatives wanting to realise their share of the
And the damage is not just financial - it can causeestate by having the property sold – particularly
intense stress and emotional damage, and sometimesin the prevailing financial climate where those
the loss of a home. The individual at risk of this isbeneficiaries may have their own need for ready
often a bereaved husband or wife who discovers hecash.
or she has no choice but to move out of theThe situation can be compounded if the marriage is
matrimonial home, particularly in the case of secondthe spouse's second (or subsequent) marriage and
marriages.where children from an earlier marriage are involved.
According to the Financial Times, more than 1,200The surviving spouse often has to go to court in an
spouses who have lost their partners have beeneffort to stay in his or her home which is costly, time
forced out of their homes by children or otherconsuming, emotionally draining and bad for family
relatives because their partners did not make a Will.relations. There is the added factor that inheritance
Where no Will is made, the statutory intestacy rulestax is quite likely to reduce drastically the amount of
are applied in dividing up and distributing the estate ofthe estate available for beneficiaries.
the deceased. The spouse does not automaticallyIn a culture where only half the adult population
inherit everything the deceased owned – a factmakes a Will, and where property prices frequently
of which many people are unaware. Under theseexceed the statutory amount awarded to spouses
intestacy rules, husbands and wives automaticallyunder the intestacy rules, individuals must give serious
receive their spouse's personal belongings such asconsideration to making a Will sooner rather than
jewellery, cars and furniture; together with the firstlater. It could save a lot of heartache for your
£250,000 of the estate and, finally, a lifetimespouse and your family - and will minimise the financial
interest in half of what is left. The rest goes to thecost to your estate after you die.
children.