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Why should cohabiting couples consider Estate Planning?
Ash Hill Solicitors • Jun 09, 2021
Many young couples these days are choosing to hold off on marriage ceremony until finances allow and are cohabiting first. Whether the decision to cohabit is based on economical or emotional reasons, it’s a sensible choice for those who aren’t ready for marriage or fear the fallout of divorce.
However, without proper estate planning, cohabiting couples could be putting their finances at risk. Unlike their married counterparts, unmarried couples have no automatic right to inherit from each other. However, with careful estate planning, you can ensure your cohabiting partner is protected should you pass away.
This blog shall specifically explore some of the most important factors that cohabiting couples should consider when thinking about estate planning.
WRITE YOUR WILL
The simplest and most straightforward way to protect your partner should you pass away is to write your Will. It is important to note that it does not matter how long you and your partner have lived together, without a Will in place, you will not have an assurance that your partner will receive a share of your estate when you die.
IF YOU DO NOT WRITE A WILL
If a person dies without a Will, normally their estate shall be distributed in accordance with the intestacy rules. This can have serious consequences for cohabiting couples. For example, in some cases this can mean that the surviving cohabitee may lose their home and a source of income. The only way a surviving cohabitee may be able to obtain a relief is by making an application to the Court to get a share of the family home. This could mean that they end up in a notorious legal battle with any children from previous relationships or other family members who may claim a right as next of kin.
Therefore, it is essential that you should discuss these issues with your partner during your lifetime and what you wish to happen to your assets after you pass away. It is most beneficial to instruct a solicitor that specialises in drafting Wills.
WHAT ARE THE MOST IMPORTANT FACTORS TO INCLUDE IN YOUR WILL AS A COHABITING COUPLE?
As a cohabiting couple there are several factors that are important for you to consider, which we shall set out below. However, often what you should include in your Will is determined by your personal circumstances and whether you have any children, either from previous relationships or together. If you or your partner have children together or from a previous relationship, then the advice would differ significantly. At Ash Hill Solicitors
we urge that you should seek legal advice on your specific circumstances.
As a general guidance and on the basis that you wish to ensure that your partner is provided for after you pass away, we recommend that you should include:
1. INHERITANCE
- Details of who should inherit from your estate.
2. EXECUTORS - You may consider appointing your partner as an executor of your estate so that they can be involved in the dealing of your estate after you pass away.
3. PROPERTY
– if you own a property or properties, you may set out in your Will whom the title to the property should pass and what should happen in the interim period. For example, you may wish to set out in your Will that you want your partner to continue living in the property after you pass away. This is normally by way of a lifetime interest for your partner.
4. MONEY
– You may set out a specified amount you wish to pass to your partner to ensure that they have enough money to live on.
5. POSSESSIONS
– If you have valuable possessions you may wish to include details about these in your Will and then specifically pass them to your partner. These might be a ring, a car or even sentimental items.
Above are some of the very basic matters a cohabiting couple should consider when estate planning
and, in our view, there are many more complex issues that may be more relevant depending on your specific circumstances. We suggest that the first step in protecting your loved ones is to ensure that you have a properly drafted Will by a professional.
A Lasting Power of Attorney is an important legal document that lets you choose who would make decision on your behalf if you were unable to do so due to a sudden accident, illness, or long-term health issues. There are two different Lasting Powers of Attorney, one covers decisions regarding Health and Welfare and the other Property and Finance. The person for whom the Lasting Power of Attorney is created is called the donor and the people (or persons) nominated to make decision on behalf of the donor are called attorneys. How do I decide who to appoint as my attorney(s)? An attorney can be a relative, friend, spouse or civil partner, your child or even a professional. Ideally, they should be individuals who know you well and most importantly to appoint people who you trust. It is always useful to have more than one attorney as this allows checks to be put in place and provides reassurance to you and other members of the family. You can specify what decisions you are happy for your attorney(s) to make on your behalf. You can decide if your attorney(s) must act jointly on all matters or whether they can also act individually (severally). An LPA ensures that, should you be unable to manage your own affairs, the people you have appointed can manage your financial life on your behalf. This can save a great deal of money and will ensure that as a vulnerable person your affairs will be handled correctly. Risks of not having an LPA If you lose mental capacity without an LPA in place, your family must apply to the Court of Protection to have a deputy appointed to deal with everyday financial matters. This is a slow and expensive process. Contact us today for a free no obligation chat: www.ashhillsolicitors.co.uk Our Power of Attorney solicitors can help and guide you through this process to make sure your forms are correctly and accurately completed.
Bereaved families in the UK are facing a significant financial burden as probate delays continue to accumulate significant costs and unpaid taxes, adding to the distress and emotional strain during an already difficult time. https://committees.parliament.uk/committee/102/justice-committee/news/198600/justice-committee-launches-new-inquiry-into-probate-amid-concerns-over-delays-and-consumer-protection/#:~:text=The%20waiting%20time%20for%20probate,take%20at%20least%20nine%20months. The waiting time for probate almost doubled from April 2022 to April 2023, with reports citing cases of probate taking more than eleven months and practitioners advising clients that probate will take at least nine months. Whether using online systems or the traditional paper process, applicants can now expect a lengthy wait of up to four months or more for probate to be granted. The backlog, a long-lasting result of the challenges created by the Covid pandemic, currently stands at around 40,000 applications, and shows no signs of improving, leaving many families uncertain of when or how they can find a resolution. What problems are caused by Probate delays? Delays in settling an estate can have serious financial consequences for beneficiaries. Here are some important things to consider: If Inheritance Tax is owed, the first payment must be made within the first six months after the death. HMRC will not issue a receipt to the Probate Registry until payment is received - https://www.gov.uk/inheritance-tax After six months, HMRC applies interest to any remaining balance - https://www.gov.uk/government/publications/rates-and-allowances-inheritance-tax-thresholds-and-interest-rates Properties with monthly service charges can incur additional costs due to delays. Vacant properties may require special insurance coverage. Waiting for probate to be granted can prolong the process of selling a property, potentially discouraging buyers. Having a current Will in place should help to ensure a smoother and more efficient probate process. How can these problems be solved? HMCTS is actively exploring various methods to enhance the efficiency and speed of its service. This includes a focus on improving IT systems and reducing paper applications. Digital applications, on average, are processed in less than half the time it takes to process paper applications. However, irrespective of the application method chosen, gaining a Grant of Probate will always involve a significant amount of legal, tax, and administrative work, which can be time-consuming, and complex by its very nature. As such it is always wise to enlist the support of a probate specialist should you want to minimise the risk of complications causing a stoppage or compounding the existing processing delays. Call us today for a free no obligation chat.
On 4 December 2023 the UK government announced tougher visa rules to cut net migration. The current salary required for skilled overseas workers is £26,200, however proposed changes mean this is to increase to £38,700. James Cleverly, the Home Secretary said that 300,000 people who were eligible to come to the UK last year would not be able to in future. Furthermore, the gross annual minimum income requirement for family visas has also risen from £18,600 to £38,700. The home secretary believes there has been an ‘abuse’ of health and care visas for years and has now planned to make it ‘fair, legal and sustainable.’ The sharp increase in net immigration (difference between those entering and leaving the UK) has led to a political challenge for Mr Sunak and the conservatives who have promised on many occasions to bring this number down since 2010. In addition to the new salary requirements, the government said they would: Ban care workers bringing family dependants to the UK End companies being able to pay workers 20% less than the going rate for jobs on a shortage occupation list Increase the Immigration Health Surcharge which foreign workers pay to use the NHS from £624 to £1,035 Raise the minimum income for family visas to £38,700, from £18,600 from next spring To further review the graduate visa route to "prevent abuse" These changes are likely to take effect in spring 2024. The government's changes to the minimum income for family visas mean that people may be blocked from bringing their relatives to stay in the UK under certain circumstances. If you have an issue and require assistance, then Ash Hill solicitors is happy to help and advise further. Please call our immigration solicitor on 02085152790.
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