If both parents die leaving children under the age of 18 years, or an incapacitated person; then the courts must stand in the parent’s shoes, and try to make the best decision for them. That decision will include adoption, or, an orphanage, or, maybe tertiary family the children hardly know or like. Whichever it comes down to, the decision is out of your hands if you have not made your Will to take to care of it.  The 'right Will' can help.

If you have vulnerable or disabled children, you have no control over how they will receive their legacy without an appropriate Will. For the vulnerable and unworldly, third parties may pillage their new wealth and help them spend it. Quickly denuding them of your legacy meant to help them in life. Also, if they receive Means Tested/State Benefits, they would lose their qualification until the legacy is all used up.  The 'right Will' can help.

There is a common misconception that cohabiting couples have a ‘common law marriage’.  WRONG!  There is no such thing in law.  The parties are just two single people that live together. Therefore, when one party dies the other has no spousal survivorship rights, other than any property that they owned jointly. There are several things that a good Will can help with. Without it, the survivor will likely have to sell the family home and/or borrow, to get the money with which to pay the tax.  If they even qualify. And of-course, marriage could help more.   But, that's your choice and the 'right Will' can help.

The short answer is; YES. Your current marriage has revoked your previous marriage's Will, if you made one. And; Modern society has a divorce rate of about 50%.  Many of these couples re-marry only to divorce and re-marry again. And then, there are widow(er)s.  The big problem arises when children are in tow and make a ‘blended family.’  The assets that each spouse brings into the relationship is usually different and, each party typically wants to be sure that their children inherit their portion of first family wealth.  This can only be protected with an appropriate Will to not adversely affect the surviving spouses rights.  In addition, by default and according to law, the surviving spouse has no legal obligations to the 'step-children'.

Without an appropriate Will, she/he could inherit everything or, a complicated share out.  And if she/he remarries, then on her/his death, your wealth will be inherited by her/his new spouse and his/her children  - disinheriting yours.  The 'right Will' can help.

The Office for National Statistics (ONS) (2018) has moved the probability of needing residential care -also known as long-term care- from the start age of 55 years, to the start age of 45 years. The all-too-common need to have to sell the family home to pay for it is a BIG talking point. The rules which qualify whether your home is or is not included in the financial assessment are relatively straightforward. If you own capital above £23,250 (Year 2023-24) in England and Wales, you -the patient- have to pay for the care sevices out of your own pocket. And that is a very expensive matter.

And so, people fall for unscrupulous and illegal schemes that promote the avoidance of these charges.  The harsh reality is, that the law is empowered to counter any such scheme without limit of time. It is called 'deliberate deprivation of assets'.

That being the case, little is said about how by early and appropriate planning, with insurance and the 'right Will', can go a long way to securing the family home and legacy, against using it to pay for care costs. The 'right Will' can help.