We were approached by Mr Scott, who wanted advice on protecting his assets and ensuring that on his death his estate passed to his daughter. Mr Scott was separated from his wife and was in the midst of divorce proceedings. He had no children with his wife, however, he had one child from a previous relationship.
Mr Scott contacted Boyletts Law, as he was concerned that should he die before his divorce was finalised, his separated wife would inherit his estate.
What we advised would happen if he did not make a Will
We explained to Mr Scott that should he die without a Will, his estate would be dealt with under the intestacy rules, which meant that if his divorce was not finalised, his separated wife would benefit from his estate. It also meant that there was a possibility that his daughter might not inherit any part of his estate and she would therefore have to make a claim against his estate.
Our advice
We advised Mr Scott that he should make a Will to protect his child from a previous relationship.
Mr Scott was advised that until the divorce was finalised, his separated wife could make a claim on his estate, however, his wishes reflected in his Will would help to protect his estate and confirm his wishes.
Mr Scott did not want his separated wife to benefit from his estate and he wanted to leave his entire estate to his daughter.
The outcome
Mr Scott attended our office to instruct us to prepare his Will, which we prepared within the timescale provided. Mr Scott confirmed that his Will now provide him with peace of mind that his estate will pass in accordance with his wishes.
It is especially important to ensure that you have an up to date Will that reflects your wishes. Without a Will, it is not guaranteed that your loved ones will benefit from your estate.