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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
This blog is more than 4 years old

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 chose Winston Solicitors to deal with my wife's estate on the recommendation of a family member. I was very satisfied with the friendly attitude of the team. Everything was dealt with as quickly as possible bearing in mind that some documents needed to dealt with by a family member in America. i was kept informed of progress every step of the way. Wonderful service.
David
My wife and I recently contacted Winstons Solicitors, with a view to update our Wills and talk about Lasting Power of Attorneys.We were introduced to Emily Spencer (Solicitor), who was friendly, very knowledgeable and talked to us at length with good communications and understanding of what we were asking for. Emily also took her time to go through our Wills and explaining about Lasting Power of Attorneys and what this meant regarding the health and financial sides.Emily has a professional manner and puts you at ease when explaining the legal side of Wills and Lasting Power of Attorneys, she goes through things carefully with understanding.She has been accessible throughout the processes, helpful with suggestions and replies to emails with effciency.Without hesitation we would recommend Winstons Solicitors, our experience has been smooth and faultless. It has been a pleasure dealing with Emily and Winstons Solicitors.
Kevin
Very thorough service and great communication throughout the whole process.
"Ruth"
We used Winstons to sort out our late fathers life interest trust. Emily was brilliant...very efficient, organised and knowledgeable.It was a complicated issue to us but Emily dealt with it quickly and efficiently...taking away the stress for us.
Mary
Emily Spencer was totally professional and answered all of our questions regarding drawing up Wills and our LPA. We have dealt with Winstons on two occasions now and will always go back to them.
Anonymous
My family and I have used Winstons for legal matters of all kinds, from Wills writing to property purchase and sales and advice on other personal issues. The service we have received has always been reliable, courteous and reflected our needs. We would have no hesitation in recommending Winston Solicitors to all potential users.
Anonymous
Highly professional and efficient service.They explained everything in plain English and made a complex process completely stress-free. I highly recommend them for PI Trust matters.
Anonymous
I have used Winston Solicitors to sort out my Will and to put Lasting Powers of Attorney in place. The people I have dealt with at Winston Solicitors have been both efficient and empathetic. I am entirely satisfied with the service I have received.
Peter
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