Where there's a will there's a way

So, you’re planning your wedding to the love of your life, and you have a to-do list as long as both arms put together. Is ‘make a will’ on that list? Probably not, but here we talk to specialist legal adviser Jenny Fothergill of APS Legal and Associates in Beverley why actually, it might be a quite a good idea to pop it on there as a priority action…

Firstly, you might be thinking ‘I don’t need to make a will because I’ve already got one’. Well, the bad news is under UK law, any existing will you have will be automatically cancelled when you marry. This means that on your death, the intestacy laws would decide how your assets are divided – usually your whole estate would pass to your wife, husband or civil partner.

For various reasons, this might not be what you want to happen. “As soon as you get married, any existing will you’ve made becomes invalid, and your spouse would inherit everything on your death,” Jenny explained. “Ultimately, you might have different preferences, especially if you have children from a previous relationship and you wish them to have an inheritance. These old laws we’re working with don’t really cater for the complexities of many modern families!”

The good news is it’s easy to rectify this situation. Jenny said: “Making a will isn’t as complicated or expensive as you might think but these worries often prevent people from getting on with it.

“My advice is always not to put it off, but make sure you consult someone with expert knowledge rather than use a template downloaded from the internet. That way you’ll gain professional advice and have a clear understanding of all your options. You can guarantee you’ll end up with a watertight will that fully reflects your wishes rather than something that isn’t even worth the paper it’s printed on.”

And the even better news is that there’s no need to wait until your actual wedding to make your will, there’s an option to plan ahead as soon as you decide to commit to one another by making a will that won’t be invalidated by your marriage.

“Wills containing a ‘contemplation of marriage’ clause are popular with newly engaged couples,” Jenny added. “This means the will still stands after marriage, rather than be nullified, but I would definitely recommend couples seek professional advice to create such a will rather than use a DIY option.”

A sensible investment

Although it may be tempting to try the cheap internet templates, it’s worth putting the costs of a professionally prepared will in perspective – a standard couple’s will costs around £295 while a more complex one might cost about £595. Jenny said: “Think of it in terms of what it could cost in the end if you don’t invest in a will. Administering a person’s estate can become a long, slow and expensive business if they didn’t have a will, and there’s the value attached to the loss of assets to account for too.”

Although most people have a natural disinclination to talk about death, it does make sense to think things through and get your affairs in order in good time. “Don’t wait until you’re in a vulnerable position,” Jenny cautioned. “Take control now and you can avoid disputes in the future and make sure what you want to happen, does happen. Also, bereaved family members could really do without the complications that arise when there’s no will, which is called dying ‘intestate’.”

Advisers such as Jenny are able to use their expert knowledge to offer advice and no-obligation quotes. Jenny added: “I’m happy to visit people at home at their convenience to give free initial advice. It certainly helps to sit down and talk things through, then I can make sure I present the most appropriate options that are tailored to the couple’s needs.”

So, as well as agreeing your canapes, flowers and the first-dance song, please do make time to plan ahead for what will happen hopefully many, many years after you say ‘I do’.

To contact Jenny Fothergill, ring 01482 968001 or email jenny@apslegalbeverley.co.uk