Writing a will is more important than ever for modern families: Don’t put it off, says Yorkshire solicitors

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The traditional image of a family no longer reflects the reality for many households in the UK

Increasingly, families are blended, couples live together without marrying, and individuals take on caring responsibilities for stepchildren or relatives.

That’s why writing a will is no longer something to be put off until later in life.

Emma Garfitt Head of Wills & Estates at Morrish Solicitors LLP discusses why writing a will is essential for ensuring your wishes are respected and your family is provided for.

Legal complexity

While these changing dynamics enrich family life, they also bring legal complexity when it comes to inheritance and planning for the future. A lack of planning can cause stress, conflict and financial strain for grieving families.

“Families come in many shapes and sizes however the law hasn’t always caught up with those realities.

“Without a valid will, your estate is distributed according to rigid intestacy rules, and those rules don’t make allowances for unmarried partners, stepchildren or friends you may wish to provide for” explains Garfitt.

Unmarried couples at risk

One of the biggest misconceptions is the idea of a “common law marriage”.

“There is no such thing as common law marriage in England and Wales,” continues Garfitt.

No matter how long you’ve lived together, if you’re not married or in a civil partnership, your partner has no automatic right to inherit if you die without a will.

Emma Garfitt

“That can leave people in extremely vulnerable positions, even facing losing their home.”

This can come as a shock to many couples who assume their relationship alone offers them some protection.

A properly drafted will ensures your partner is provided for and avoids relying on costly and stressful legal claims after death.

Blended families and stepchildren

The growth of blended families is another reason why wills are becoming more crucial.

Failing to plan can also unintentionally disinherit people you love. For example, leaving everything to a new spouse without a trust arrangement could mean children from a previous relationship ultimately miss out.

Garfitt explains: “Stepchildren do not automatically inherit under intestacy rules.

“If you want your stepchildren to benefit from your estate, you must specify this in your will.

“Similarly, where there are children from different relationships, a clear will prevents disputes and helps balance the interests of all involved.”

Emma Garfittplaceholder image
Emma Garfitt

Protecting vulnerable relatives

Many families find themselves with caring responsibilities for elderly parents, disabled relatives or grandchildren. A will allows you to set up trusts or nominate guardians to ensure these loved ones are properly supported.

“A will is not only about distributing assets; it’s about safeguarding the future wellbeing of those you care about,” says Garfitt.

“Through careful planning, we can create arrangements tailored to your family’s unique circumstances.”

Avoiding disputes

One of the most difficult aspects of dying without a will is the potential for conflict between family members.

Disagreements over money and property can quickly escalate, damaging relationships at a time when families should be pulling together.

Garfitt concludes: “Sadly, we often see disputes that could easily have been avoided if there had been a clear will in place.

Taking the time to set out your wishes provides clarity and reassurance and spares your family additional distress.

Emma Garfitt

How to find out more

Morrish Solicitors wills and estates services can be provided in-person, over the phone or by email or post. Call on 033 3344 9609 or email [email protected]. Alternatively, you can make an appointment at their head office in Leeds city centre or one of the branches located at 51a High Street in Yeadon and at 9 Lowtown in Pudsey

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