Wednesday 1 August 2007

Sticky Situations with Wills

I was up at 6.30 today watering the garden-yes I was-lately we in the NE haven’t had that much rain .

Coffee in hand feeling more alert than usual I went in to watch the news and glance at the paper-both had features on the myth of the Common Law Spouse-or should it be Common Law Spouse or Civil Partner? Or is CP a contradiction in terms?-all very confusing…

Anyway I got to reminiscing about 1 or 2 of the really sticky situations that I’ve had to deal with -the separated husband who never divorced his wife living in 20 year relationship with his partner dying without a will-children from the marriage and from the relationship.

Then there was the couple who lived together for 40 years but never married-they had no children/no will but ”droves “of cousins surfaced when the “husband” died –the “wife” had taken her partner’s name and even I thought they were married-he had an enormous suspicion that making a will would make him die sooner-I couldn’t persuade him otherwise!!

It is a “no brainer”-although I hate that expression-everyone should make a will- particularly today when we have such complex family situations!!

My first will was signed as I left on honeymoon-the witnesses thought me very macabre-perhaps I should offer a new service for newly weds/new civil partners- I’ll be there to see you sign your will as you skip off on honeymoon as the disco plays “Oh, I’m going to Barbados”..

So…..DIY Tesco or Solicitor- made Wills ?

Are you tidying up the garden or is it a landscaping/re-design job?

Wills can be minefields-and usually are where there are living together situations/ 2nd/3rd marriages and/or relationships.

Oh and then there are tax issues!

What you really need is a good friendly lawyer well qualified AND a specialist in this field-and the first thing he/she should do is sit down and talk to you about you/your family/your hopes for them-you don’t want a “stuffed shirt” who talks jargon at you.