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Wills planning for the worst case scenario
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Planning for the worst-case scenario

Emily Spencer Emily Spencer
2 min read

Making a will can be daunting but planning for the future by making a will is the best way to have peace of mind for what will happen when you pass away. A particular aspect of your will that you may not have considered is what would you want to happen if disaster struck. 

Can you predict what is around the corner? 

An area we discuss with our clients is a default or crisis clause, which relates to planning for the worst-case scenario. In other words, making provision for a situation when everyone you would like to benefit under your will (your beneficiaries) has died before you. An example where this could occur is if you made provision for your spouse and children to inherit in your will, what would happen if they were all to predecease you? 

We would all like to think it is highly unlikely that such a scenario would occur but, unfortunately, we do hear about tragedies where whole families are killed in accidents, for example. Therefore, because none of us know what is around the corner, we would always advise you to think about such a situation when doing your will with us.  If the unthinkable did happen and you did not include a default clause in your will, your estate would be split as per the Intestacy Rules of England and Wales.

In relation to the above example of someone not being survived by their spouse and children who they had made provision for in their will, if you were survived by your parents, your estate would be split equally between them. 

Who inherits your estate, if it's not the people you planned?

The next question that you should think about is would you want your parents (for example) to inherit from your estate or not? It may be that you do not get on with your parents or there are other relatives who you believe need the money more. If this is the case, we would strongly advise that you consider who you want to benefit from your estate if the worst does happen. You may like to name certain family members, or friends, or even a charity which is close to your heart, as alternative beneficiaries. And naming a charity could even have tax benefits for your estate. 

Whatever your circumstances, we would strongly advise that, when thinking about your will, you consider who you would like to benefit from your estate if your first choice of beneficiaries are no longer alive when you pass away. 

 

Client feedback

Emily clearly explained the process to have an Lasting Powers of Attorney for Property and Finance and Health and Welfare.She communicated with precision giving the client the needed information .I would definitely recommend her .
Rosamund
I was dreading the probate process after my husband sadly died earlier this year. Friends who had been in the same situation warned me it could take months or even years. I didn't even know what it involved, it was a complete mystery to me!Thank good ness for Emily Spencer at Winston solicitors who talked me through the whole process and told me what information I needed to complete the paperwork. Emails and phone queries were answered very promptly and once I'd submitted all the figures the grant of probate was applied for by Emily and was returned within a few weeks, not months! Great result and nothing like the trauma I was anticipating.
Patricia
Very handy as a local north Leeds firm, no need to travel to Leeds. Understood exactly what we required and prepared the documents carefully and quickly. Kept us informed as to progress throughout. I would recommend them for any private client work.
Michael
I have always had friendly and efficient service from Winstons
Carol
The service I recieved regarding wills and powers of attourney, were handled in a very professional and sympathetic manner. Thanks must go to Monika for leading me through the" legal minefield" involved. My late wife and I originally used Winstons years ago for all our legal dealings at the time and we could honestly say we could not have chosen better.
David
My Will was written during Wills Month via St Gemma's Hospice. The service was quick and efficient. I have only given 4 stars as there was an error in the original draft.
Anonymous
Monika in particular was very professional, efficient, friendly and helpful when drafting our wills
Brian
Monika is extremely trustworthy, professional and experienced. Have very much felt in safe hands during a very difficult and stressful time of my life. Would highly recommend.
Zoe
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