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    August 8, 2021
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PROMOTION Protecting your loved ones SAS Daniels LLP reveal the importance of making a will, whatever your family situation ave you thought about what happens to your loved ones when you die? It's a Idifficult issue to think about for anyone, and difficult process. There could also be inheritance tax to pay; you may want to take advice on restructuring your financial affairs. but in our experience, our LGBTQ+ clients or those who don't live in the traditional 'nuclear THINK ABOUT PERSONAL ITEMS If you have belongings which you wish to distribute privately or leave sensitive or private information, you should consider a separate letter of wishes. A will is a public document once a grant of probate is issued, but a letter of wishes will not appear in the public domain. family' face additional considerations. If you die without a will you are 'intestate' which means there are rules around how the estate Helen Gowin is distributed and who deals with it. If you are unmarried or not in a civil partnership and without children your nearest blood relatives inherit your estate (who may be your parents Partner in the private clert team at SAS Daniels LLP CONSIDER PROVISION FOR CHILDREN or your siblings). This may be contrary to your wishes; for example, some of our LGBTQ+ clients no longer have close family ties as their families have not accepted their status. Children in the family may not be biologically the children of the person who has died and they may not have an entitlement to inherit. If you have children and your partner does not have parental responsibility for them, you should appoint a guardian in your will. Who is entitled to look after a child can depend on how a child was conceived so it's important to be clear on your wishes and take advice. When preparing your will: CHOOSE YOUR EXECUTOR CAREFULLY Your executor will be responsible for dealing with your financial affairs and personal belongings Choose someone you can trust and who can also deal with your digital assets such as closing down any social media accounts. PREPARE FOR CHALLENGES There may be challenges to the will especially if there are family estrangements. You may want to leave a statement setting out the reasons for your wishes. This can help the court if a challenge is brought. PROTECT AN UNMARRIED PARTNER Ifyou live together but are unmarried or are not in a civil partnership and one partner dies without awill the surviving partner will not have the automatic right to inherit or deal with the estate. Awill would ensure they are not disinherited and KEEP YOUR WILL UNDER REGULAR REVIEW The law is evolving to adapt to different family structures so by keeping your will updated you can ensure your wishes are carried out by your chosen executors, any inheritance tax is mitigated and you ease some pressure for those left behind. avolds going to court which is often a prolonged For any more information about anything contained in this article, please contact Helen Gowin, partner in the private client team at SAS Daniels LLP on 01260 282351 or helen.gowin@sasdaniels.co.uk (sas daniels LLP Solicitors. Offices in Chestor, Congleton, Macciosfield and Stockport www.sasdaniels.co.uk PROMOTION Protecting your loved ones SAS Daniels LLP reveal the importance of making a will, whatever your family situation ave you thought about what happens to your loved ones when you die? It's a Idifficult issue to think about for anyone, and difficult process. There could also be inheritance tax to pay; you may want to take advice on restructuring your financial affairs. but in our experience, our LGBTQ+ clients or those who don't live in the traditional 'nuclear THINK ABOUT PERSONAL ITEMS If you have belongings which you wish to distribute privately or leave sensitive or private information, you should consider a separate letter of wishes. A will is a public document once a grant of probate is issued, but a letter of wishes will not appear in the public domain. family' face additional considerations. If you die without a will you are 'intestate' which means there are rules around how the estate Helen Gowin is distributed and who deals with it. If you are unmarried or not in a civil partnership and without children your nearest blood relatives inherit your estate (who may be your parents Partner in the private clert team at SAS Daniels LLP CONSIDER PROVISION FOR CHILDREN or your siblings). This may be contrary to your wishes; for example, some of our LGBTQ+ clients no longer have close family ties as their families have not accepted their status. Children in the family may not be biologically the children of the person who has died and they may not have an entitlement to inherit. If you have children and your partner does not have parental responsibility for them, you should appoint a guardian in your will. Who is entitled to look after a child can depend on how a child was conceived so it's important to be clear on your wishes and take advice. When preparing your will: CHOOSE YOUR EXECUTOR CAREFULLY Your executor will be responsible for dealing with your financial affairs and personal belongings Choose someone you can trust and who can also deal with your digital assets such as closing down any social media accounts. PREPARE FOR CHALLENGES There may be challenges to the will especially if there are family estrangements. You may want to leave a statement setting out the reasons for your wishes. This can help the court if a challenge is brought. PROTECT AN UNMARRIED PARTNER Ifyou live together but are unmarried or are not in a civil partnership and one partner dies without awill the surviving partner will not have the automatic right to inherit or deal with the estate. Awill would ensure they are not disinherited and KEEP YOUR WILL UNDER REGULAR REVIEW The law is evolving to adapt to different family structures so by keeping your will updated you can ensure your wishes are carried out by your chosen executors, any inheritance tax is mitigated and you ease some pressure for those left behind. avolds going to court which is often a prolonged For any more information about anything contained in this article, please contact Helen Gowin, partner in the private client team at SAS Daniels LLP on 01260 282351 or helen.gowin@sasdaniels.co.uk (sas daniels LLP Solicitors. Offices in Chestor, Congleton, Macciosfield and Stockport www.sasdaniels.co.uk