The Law Society of England and Wales has used the events of a recent episode of Downton Abbey to highlight the importance of writing a will and the potential ramifications of not doing so in England and Wales.
The popular ITV programme features the untimely death of a young husband and father, Matthew Crawley, who secured his wife Mary as legal heir to his estate and joint owner of Downton Abbey by setting out his wishes for the family estate in the event of his death.
Law Society president Nicholas Fluck says Matthew Crawley’s decision to set out his wishes in a will is a message to millions of TV viewers that writing a will is a crucial task that every adult should undertake.
He said:
‘The predicament facing the Crawley Family immediately following Matthew’s death shows that, while few of us like to think about our own mortality, seeking the expert advice of a solicitor to make a will means our estate, whether it be treasured belongings or home, will pass to those we chose.
‘In this day and age, when couples live together without being married and one of them dies without drawing up a will, the rules of intestacy mean that the other partner will not automatically receive anything. Equally concerning is the fact that, if you are married, or in a civil partnership, the rules mean that if you have children, your spouse or civil partner will only inherit your personal possessions and the first £250,000 of your estate outright and beyond that only a life interest in half of the remaining estate (no capital). This underlines the importance of formalising your wishes by speaking to a solicitor.
‘By talking to a solicitor, wishes can be expressed in a way that will not cause problems for family and friends after a person’s death. A solicitor will advise on how inheritance tax affects an estate, whether tax can be reduced or avoided and how to safeguard the care of children.’
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