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Valentine's Day - How are you going to show your undying love?

View profile for Joelle Osborne
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Flowers? They will soon wilt and die.

Chocolates? They will soon disappear.

How about making sure you give something which won’t die with you? A Will.

You were thinking of proposing marriage? Your fiancé or partner won’t have any inheritance tax protection or any rights to your estate under the intestacy laws. But once you are married (within which expression for legal and tax purposes is included a registered civil partnership), then gifts by Will or lifetime gifts to your spouse (including a registered civil partner) are tax free in almost all cases.

If you have no Will and are not married or in a registered civil partnership, the person you live with will not have any automatic rights. They would have to bring a legal claim against your estate in order to try to obtain some financial provision. This would probably mean a legal battle with your relatives. Or if you had made a Will and it was out of date, it would be a battle with the person or people you originally named to benefit on your death.

Even if you are married or in a registered civil partnership, your spouse or registered civil partner will only be entitled to a certain amount under the intestacy laws if you have no Will. If they think they should have more, they too would have to make a legal claim against your estate. Part could end up going to children or even to more distant relatives. So it could be a share of your money but it could be a share of your house, which could be very awkward.

So, you made a Will and then you get married. All OK? No, unfortunately (unless you made a Will which very specifically states in legal form that you are making it in contemplation of marriage to the particular person you have now married) your Will is no longer of any effect. Your Will is revoked (cancelled) altogether by marriage.

So, if you are married or in a registered civil partnership or co-habiting or about to propose, how about making a Will to protect the one you love for the future, beyond this life?  That’s an undying love.

Or you could make an appointment for you both to come in and make Wills together. That would really show the care and love you have for each other.

We can offer, as Solicitors in Uckfield that specialise in Wills, a personal service to talk through all the options for you and answer your questions and to make your Will tailored to your needs. Our gift to you? Peace of mind.


Please call our offices on 01825 762281 to discuss making a Will.