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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

I dealt with Emily regarding my will; she was professional and a pleasure to work with.
Kelly
My husband and I finally got around to having wills written via the charity scheme (St Gemma's). Emily was great at talking us through the options, answering our queries and setting this up professionally, personably and in a timely manner. I would recommend Winstones to others and would use them again for any legal work we may require in the future.
Anonymous
My situation is fairly straightforward with a couple of areas on which I needed a bit of advice. The solicitor was very helpful at explaining the possible options. The process was thorough and executed in a timely way.
Anonymous
After losing a family member last year, it made me realise that I had to sort out a Will, as you never know what’s going to happen and when. Emily explained things in clear English and making my Will was so much simpler than I thought it would be.Thank you so much Emily, highly recommended!
Anonymous
Emily was so helpful, and everything was done easily and clearly.
Anonymous
Our new wills, fantastic
Sharon
From the very onset Emily made us feel at ease. She guided myself and my brother to a successful outcome of navigating what is a complex process with a human touch. This was important to us as we were going through some challenging times with sourcing care homes and navigating Social Services. Knowing Emily was taking care of things both effectively and efficiently was a great reassurance. Emily was quick to act with the Court of Protection, which enabled a lengthy process to be more timely. Thank you Emily
Rose
I was highly recommended to this firm, though initially I was hesitant to work with someone so far away. Any doubts I had, however, were quickly dispelled—everything progressed satisfactorily.Throughout the process, Monika and her team were highly professional and kept me informed online at every stage. Their work was carried out efficiently and to our satisfaction.Thank you, Monika, for your outstanding support throughout this process. I will definitely reach out to you and Winston Solicitors again for any future needs.Sid
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