Death is a complex and difficult time for any family to endure. However, those times can be made even more difficult if the deceased does not have a will. Without a last will, there are many issues that can arise after death. The Wills and Estates Team at Hummingbird Lawyers LLP outlined several scenarios that can follow the death of a loved one that can tear any family apart.
Your family and loved ones are often the most important part of your life. To make sure they are protected and that your estate is divided amongst them, a will is crucial.
What happens with common-law partners?
If you are legally married, and without children, your marriage partner has the right to your estate; everything. Yet on the other hand, an unmarried partner or a common-law partner does not have the same right. Unfortunately, an unmarried partner is not allotted any automatic benefits when their significant partner dies without a will – which is also known as “dying intestate.” Common law, or unmarried partners, are not considered to be the next of kin. This is highlighted under the Succession Law Reform Act.
This act continues to address that in the event an individual is not married there is a is a list in which your estate will be distributed. If you are not married and pass away without a will, under this act:
- Your estate will go to your children
- If you have no children, then your next of kin would be your surviving parents
- If none, then your siblings
- If they are no longer alive, then it will be divided among nieces and nephews
Note: Nowhere in this list does it consider your partner or common-law spouse to be your next of kin.
What about your children?
Another issue that can arise is your children and the possibility of fighting over possessions in your estate. Sentimentality is a large driving force behind this reason. If your daughter has memories connected to an additional property growing up, or your son is attached to a family heirloom that he wanted to pass along to the next generation of his family, problems can occur.
These problems begin because without a will, the estate is divided equally among the surviving children. However, if there is a sentimental connection, then the children may not see it as such an “equal” division. In the event that they cannot settle their differences, and come to terms with an equal way for the estate to be divided, then the articles of the estate will have to be sold. Then it is a simple division of finances, and those sentimental pieces or property are lost.
Will your legacy live on?
For those who have spent a lifetime dedicating to a craft, service or business, that is your legacy. Dying intestate can mean that your lifetime of hard work can be forgotten. Something that can be overlooked is what happens to your business name or web domain? What happens to your business, or private practice if you pass away without a survivor? These are simple things that can be overlooked but can cause a huge division between family and friends.
Always consider seeking legal advice when creating your will. You want to make sure that your loved ones are taken care of, and that your possessions are protected. Oftentimes, self-drafted wills won’t offer the same legal protection as in the outlined scenarios above. Talking to a lawyer can ensure that your estate is distributed exactly as you wish when you pass.
The team at Hummingbird Lawyers are familiar with the detailed scenarios. They have seen families divided by an individual dying intestate. It is something that no family should have to endure, because of this, the team can sit down with you and create a comprehensive will. A will that can help you take care of those you care for.