A recent increase in a spouse's entitlement where their partner dies without a Will is still no substitute for proper planning.

Many married couples mistakenly believe everything passes automatically to the survivor on death, but this is not necessarily the case. A widow with children will only receive her husband's personal belongings, a legacy of £250,000 and a right to the income from half of whatever remains, the other half passing to the children when they are 18.

This could leave the survivor inadequately provided for and with a trust to administer for themselves and their children under 18. These rates also apply to civil partnerships.

While the increases are long overdue, the order of distribution may not be as you would like, nor may it be tax-efficient.

By way of example, the sum left to infant children would be held in a trust and could give rise to inheritance tax charges. As the beneficiaries are minors there is no scope for changing this situation. A professionally-drafted Will can prevent this situation occurring and save tax.

A Will can also specify your executors (who will deal with your affairs on death). Gifts to other relatives, friends or charities are also possible if you detail them in a Will.

A Will drawn up by a Solicitor is drawn up by a specialist and need not be expensive.

If you require any further advice or assistance please contact Andrew Spearman or a member of the Wills, Probate, Tax and Trusts team at Wortley Byers on 01277 268393 or aspearman@wortleybyers.co.uk.

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