Wills & pandemic
Discussion
Just a quick question as I encourage my 75 yr old parents to get their act together and stop going down the pub etc.
Telling them they need to sort out their wills which have a standard (?) term about spouse surviving 14 days
Is there a standard wording change to cover surviving the pandemic?
Telling them they need to sort out their wills which have a standard (?) term about spouse surviving 14 days
Is there a standard wording change to cover surviving the pandemic?
I'm no expert but I'm not sure where this '14 day' thing applies?
There was a court case last year when a married couple who died together both had children by previous partners. If one person survives their spouse by only a few minutes, then they inherit everything first if there is no will. Then it goes their intentions / children etc.The legal presumption is that the eldest died first if it cannot be determined.
Shame they couldn't just share it instead of blowing a load of money on legal fees:
https://www.standard.co.uk/news/uk/stepsisters-in-...
There was a court case last year when a married couple who died together both had children by previous partners. If one person survives their spouse by only a few minutes, then they inherit everything first if there is no will. Then it goes their intentions / children etc.The legal presumption is that the eldest died first if it cannot be determined.
Shame they couldn't just share it instead of blowing a load of money on legal fees:
https://www.standard.co.uk/news/uk/stepsisters-in-...
The 14 day provision is to ensure that in the event of the deaths of both husband/wife/partners in close proximity the wills are treated as if the husband/wife/partner died before them.
This means there is no inheritance between the husband/wife/partner and allows the wishes of each partner to be taken in to account.
The best example of why this matters is to imagine a couple in their second marriage who each have children from a previous relationship. Their wills leave everything to each other, otherwise they leave their estate to their respective children. If the husband died 5 minutes before the wife, without this provision the wife would inherit the husbands estate, then as she died this would pass to her children, leaving the husbands children with nothing. With the provision, all of the children inherit their parents estate.
This means there is no inheritance between the husband/wife/partner and allows the wishes of each partner to be taken in to account.
The best example of why this matters is to imagine a couple in their second marriage who each have children from a previous relationship. Their wills leave everything to each other, otherwise they leave their estate to their respective children. If the husband died 5 minutes before the wife, without this provision the wife would inherit the husbands estate, then as she died this would pass to her children, leaving the husbands children with nothing. With the provision, all of the children inherit their parents estate.
Thanks for the explanation, I wasn't aware of that, BUT that's exactly the situation in the article I linked to! The couple died of hypothermia but the coroner could not determine the order they died in.Why was the inheritance not split between the surviving children? Was it because there was no will?
The legal precedent was in World War 2 if a couple died in a bombing / house explosion, the oldest dying first was presumed.
The legal precedent was in World War 2 if a couple died in a bombing / house explosion, the oldest dying first was presumed.
V8fan said:
Thanks for the explanation, I wasn't aware of that, BUT that's exactly the situation in the article I linked to! The couple died of hypothermia but the coroner could not determine the order they died in.Why was the inheritance not split between the surviving children? Was it because there was no will?
The legal precedent was in World War 2 if a couple died in a bombing / house explosion, the oldest dying first was presumed.
If there is no will, or if the will does not make provision for what should happen if the two spouses due in quick succession, then you end up with the situation in the article you linked to - complicated further if it cannot be determined who died first.The legal precedent was in World War 2 if a couple died in a bombing / house explosion, the oldest dying first was presumed.
How've a well drafted will should make provision for what should happen in this situation - for example by specifying that X only inherits if he/she survives for a certain time longer than Y, otherwise Z inherits instead.
Aretnap said:
If there is no will, or if the will does not make provision for what should happen if the two spouses due in quick succession, then you end up with the situation in the article you linked to - complicated further if it cannot be determined who died first.
How've a well drafted will should make provision for what should happen in this situation - for example by specifying that X only inherits if he/she survives for a certain time longer than Y, otherwise Z inherits instead.
This is the sort of thing I mean. How've a well drafted will should make provision for what should happen in this situation - for example by specifying that X only inherits if he/she survives for a certain time longer than Y, otherwise Z inherits instead.
TBH my only reason for pushing things is to try and get through to them that this really is serious and that given their age and health they should be taking it more seriously.
Oh yeah. happy mothers day
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