Gloucester Solicitors, Tayntons LLP draw attention to new BBC2 series 'You can't take it with you'

24th January 2011 10:07

Tayntons LLP, Wills & Probate specialist, Tristan Lewis, draws attention to the serious consequences of dying without a will as Gerry Robinson’s new six part series on BBC2 ‘you can’t take it with you’  taps a nerve as research shows that over 30 million of us now don't have a will.

Statistics from a survey done by  IFA website www.unbiased.co.uk in October 2010 show that 62% of the population or 30 million adults now don’t have a will, up by 2 million on the previous year, a worrying trend which shows that more and more of us are putting off drawing up a will.

 Experienced wills and probate solicitor Tristan Lewis at Tayntons LLP, explains, “The show is a timely reminder that too many of us in this country put off writing a will.  When asked, people will often say that their spouses and partners will automatically inherit, but there are serious misconceptions about the way that the Inheritance (Provision for Family and Dependants) Act 1975 works.  Under current intestacy rules a spouse will only receive the first £250,000 and if the couple isn’t married the surviving partner has no right to an inheritance at all if there is no will in place.

Also many people seem to overlook the importance of protecting children, by ensuring that their guardianship and inheritance is secure.  A worrying 70% of those with children under 18 didn’t have a will in place, meaning their guardianship would be left to the courts to decide, and they would not inherit anything unless there was no spouse or the estate was worth more than £250,000.

Avoiding making a will can also leave confusion and mixed emotions hidden. The first episode of the programme (Friday 14 January) took two married couples and highlighted how emotive the issue of inheritance can be, showing how an experienced solicitor can help families to structure a will to resolve these problems.

 The first couple were in dispute over division of the inheritance.  Husband David wanted to leave his estate to his two sons from a previous marriage, whilst wife Lesley wanted to leave her estate to a charity for cats.  A Life Interest Trust was suggested as part of the solution, but the programme also went on to show how important it is to choose the right trustees to underpin this approach and protect against future disputes. 

 The second couple faced a similar dilemma with a difference of opinion over the wife’s desire to make a donation to charity to create a community park and the husband’s need to provide for his two daughters from a previous marriage. This time a Discretionary Trust and a Letter of Wishes was used to ensure both parties were happy with the outcome.

Both cases showed that a bespoke will can resolve many complex issues.  Unlike a DIY wills kit, a solicitor is trained to consider a wide range of issues when drawing up a will, from capacity and undue influence to tax implications and potential claims against your estate, which may undermine your wishes.  Tools like trusts can be very useful for ensuring donations to charity are proportionate and are honoured, rather than being overturned by the courts.  This was highlighted in December by the High Court case Gill versus RSPCA where a daughter was disinherited by her mother’s gift of the £2.3m family farm to the animal welfare charity in her will.  The High Court ruled in favour of the daughter and returned the 287 acre family farm to her.

The emotive nature of both families discussions on the programme highlighted why it is so important to avoid dying intestate.   These specific legacies would not have been accommodated without a will, and could have left both families with serious acrimony and dispute. “

For a more information contact Tristan Lewis at Tayntons LLP on 01452 509094 or via email at tristan.lewis@tayntons.co.uk