There are certain circumstances whereby the location and security of a valid Will document is crucial. When your spouse is NOT the biological parent of your children is a very important example of this.
Second Marriages & Cohabitation
It is increasingly common that people who remarry or cohabit after their previous spouse has died, wish for their new spouse or partner to live in their house after their death and then pass that property onto their biological children after the death of their more recent spouse (who is NOT the biological parent of their children). This can be arranged by having a suitable valid Will stipulating such requirements.
Provided that the Will is secure and remains intact, then all parties are protected. However, it is unfortunately the case sometimes that one or more surviving parties understand their rights under the law and Wills go “missing” as a result.
Under the law, if a Will cannot be found, then the default assumption is that there is no longer a valid Will, unless there is strong evidence which confirms that the Will has not been destroyed by its owner’s own choice. This means that a new spouse shall automatically inherit all personal belongings of the deceased AND the first £270,000 of their estate value. That new spouse shall also inherit 50% of any estate value greater than £270,000. This would mean that a vast share of the deceased’s estate would never pass to their biological children.
Non-Married Partners
When you have a partner to whom you are not married, then this poses the opposite problem. If a valid Will cannot be located, then biological children would automatically inherit directly under the law, leaving a surviving partner without a given right to continue to live in the deceased’s property unless they co-own it. This is the case regardless of whether the partner is also the parent of the deceased’s children.
Summary
Therefore, unless a situation is very simple (e.g., the entire estate passes to a surviving spouse upon first death and entirely to children upon second death), it is important that a Valid Will is securely stored in an independent location until it can be officially administered by its Executors. Such Executors then have a legal duty to administer the Will accurately and responsibly.
Security of a Valid Will Document
TRF securely stores Will documents for many people. For further information WITHOUT fear of consultation fees or obligation, please visit TRF Wills.
TRF Wills (TRF) was created by Michael Cotterill in 2005. He is a member of the Society of Will Writers and registered with the Information Commissioner’s Office.