It is estimated that two thirds of us have not made a will and believe that their next of kin will automatically receive their assets when they die. This is not always the case.   Subject to the size of the estate even a married couples’ assets may not all go to the surviving spouse. While some of the estate will pass to the surviving spouse, part of the estate may, under the rules of intestacy, be divided in to two shares, the first share will be divided equally between the children of the deceased whilst the other share will need to be invested to create a life interest for the surviving spouse with that money eventually going to the children when the surviving spouse passes away.

If a couple are not married then the surviving partner has no automatic right to assets in the sole name of the deceased and those assets will pass to the deceased’s family unless an application is made to the Court or the family are able to agree the position.

Surprisingly a survey has shown that two thirds of people do not know where their parents’ wills are located. Whilst there is an assumption that a will has been made they do not know whether the original will is in the house of the parents, a bank, or held by a firm of solicitors.   When somebody passes away it is important that the will is found quickly and simply to cause as little stress to the family as possible. As such Llys Cennen Solicitors are members of Certainty, the National Will Register. When a will is made with us we will register the existence of that will with Certainty free of charge to our clients unless the client prefers that the will is not registered. Making a will and registering the same brings peace of mind and simplifies the procedure for the family left behind.

Losing a family member is naturally a very stressful time and family members worrying about the existence or the whereabouts of a will adds additional stress and pressure which can be easily avoided. Should you wish to make or amend your will or simply wish to register an existing will via ourselves with Certainty, the National Will Register please contact our offices in order that we may assist.

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