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The settling of financial disputes in divorce has changed. From April 2024, courts made it clear: mediation and other non-court dispute resolution (NCDR) methods should come first. Now in place for a full year, these rules mean couples must seriously consider alternatives before heading to court, or risk delays and even cost penalties. With the introduction of Form FM5, judges expect proof that mediation has been attempted or if not, that there is a solid reason why it hasn’t. If you’re divorcing or separating, understanding these changes could save you time, stress and money. What are the key changes to be aware of? 1. Expanded definition of NCDR: this term now encompasses various methods beyond traditional mediation, including arbitration, neutral evaluation by a third party and collaborative law. This broader definition allows parties to choose the most suitable approach for their specific circumstances 2. Mandatory consideration of NCDR: parties are now required to actively consider NCDR options before initiating court proceedings. This pre-application protocol involves attending a Mediation Information and Assessment Meeting (MIAM) , where the benefits of different NCDR methods are fully explained. They must also exchange financial information before filing an application, ensuring transparency and reducing unnecessary court involvement. Judges will expect full compliance with this protocol 3. Introduction of Form FM5: at least seven days before the first court hearing, parties must submit Form FM5, detailing their engagement with NCDR. This form requires explanations for not pursuing NCDR, ensuring that parties have thoughtfully considered alternatives to litigation 4. Court's authority to adjourn for NCDR: courts now have the power to adjourn proceedings to encourage parties to engage in NCDR, even without mutual consent. This measure emphasises the judiciary's support for resolving disputes outside the courtroom 5. Cost implications for non-compliance: failure to engage in NCDR without a valid reason can lead to adverse cost orders. This serves as a deterrent against unnecessary litigation and promotes the use of alternative dispute resolution methods What are the benefits of embracing NCDR? ● Cost-effective: NCDR methods, such as mediation, are generally more affordable than traditional court proceedings, reducing financial strain on parties ● Time-saving: resolving disputes through NCDR can be quicker, allowing parties to move forward without prolonged legal battles ● Preservation of relationships: NCDR fosters a collaborative environment, which can be particularly beneficial in cases involving children, helping to maintain amicable relationships post-dispute ● Flexibility: parties have more control over the process and outcomes, tailoring resolutions to their unique needs and circumstances Gibson Young's commitment to NCDR At Gibson Young Solicitors LLP, we recognise the importance of these reforms and are dedicated to assisting our clients in navigating the complexities of family disputes, without unnecessary conflict. Where possible, we encourage resolving disputes amicably and outside of court, whether achieved through mediation, arbitration or other alternative dispute resolution methods. Our team provides clear legal guidance, ensuring you understand your options and are fully prepared for any non-court resolution process. We assist with financial settlements, arrangements for children and international divorce, always aiming for solutions that protect your interests while considering the needs of the wider family. As members of Resolution, we are dedicated to a constructive, non-confrontational approach, working towards fair outcomes with minimal distress. If you need expert advice on your family law matter, contact us today for a free initial consultation.
Resolving the financial aspects of a divorce can be complicated, and pensions are currently causing even bigger headaches for divorce applicants - especially for those in public sector schemes. One of the biggest issues applicants are currently experiencing is the significant delays in getting a pension valuation, also known as a Cash Equivalent Transfer Value (CETV). Since 2023, lengthy wait times for these valuations have delayed financial settlements because courts require full financial disclosure before approving agreements. NHS and teacher pensions are seeing particularly long delay s , leaving many divorcing couples in limbo. Why does a pension valuation matter in divorce? A CETV gives the capital value of a pension, which is needed to divide assets fairly. Without it, financial settlements cannot be finalised, whether through the courts or privately. Getting a CETV is taking months - or even over a year in some cases. The impact of these delays can mean: ● Longer divorce proceedings - Financial settlements can’t be agreed upon without full disclosure ● Higher legal costs - More delays mean more solicitor fees ● Financial uncertainty - Without a settlement, future financial planning is on hold ● Emotional stress - Uncertainty over finances makes a challenging situation even more difficult And this isn’t just an issue for divorces going through the courts. Even those divorcing amicably via solicitors or mediation will find that without full financial disclosure, it’s impossible to agree on a fair division of assets. Teachers' Pension Scheme delays The Teachers' Pension Scheme has been experiencing significant backlogs in providing CETVs. Recent pension changes (linked to the McCloud judgment , which corrected age discrimination in public sector pensions) have also had a significant effect because pension providers need to conduct complicated recalculations, further inhibiting timely progress. NHS Pension valuation delays The NHS Business Services Authority (NHSBSA) has reported high volumes of retirement applications, leading to longer processing times for various services, including pension estimates and transfers. As of February 2025, the processing time for a CETV related to divorce proceedings is up to three calendar months from the receipt of all required forms. In cases where a court date is imminent, the NHSBSA advises contacting them directly with evidence of the court date to potentially expedite the process. How to handle the delays If you’re divorcing and a pension valuation is part of the financial settlement, consider the following to limit the disruption: 1. Request a CETV as early as possible - The sooner you apply, the more you will be able to account for any possible delays. 2. Talk to a family law solicitor - They can guide you through alternative ways to structure a settlement if pension issues are causing significant delays. 3. Get financial advice - A pension expert can help you work out other ways to divide assets while waiting for the valuation. 4. Be prepared for delays - If a pension is a big part of your financial settlement, know that the process could take much longer than expected. Final thoughts Getting expert advice early and planning for any potential delays can help keep things moving. If you’re dealing with pension delays in your divorce or need further advice, speak to our Matrimonial & Family team . We will be able to help you navigate these challenges so you’re not left waiting indefinitely.
A Lasting Power of Attorney (LPA) is a legal document which enables you to decide who you trust to make decisions about your finances, property or healthcare, in the event you are no longer able to do so and appoint them as your Attorney.
Age-related issues such as dementia are often the reason that people are no longer able to make such decisions. However, an event such as an accident or illness could also have this impact.
The number of years left on a lease is of huge importance, both to buyers and flat owners, and if you leave it too late you could find yourself with a home that sellers and mortgage lenders avoid like the plague. If you own a leasehold property you have the right to live in that property for a set number of years, but it is the freeholder who usually owns the ground beneath the flat and the building around it. When flats are first built leases are typically for 99 or 125 years but they are not automatically renewed, so in theory, after this time the ownership reverts back to the freeholder. Lower house prices are usually helpful if you're looking to extend a lease as the less your property is worth, the cheaper the lease. But getting in early is crucial as the cost rises the longer you leave it. While this may only account for a few extra hundred pounds every year at first, once the lease falls below 80 years, the cost starts to rise disproportionately because something called ‘marriage value’ takes effect and it could be closer £1,000 extra per year. Buyers become very aware of the increased costs associated with undertaking a lease extension for a flat with less than 80 years remaining. For example, the premium on a flat worth in the region of £300,000 with an 82-year lease would typically be around £6,000, whereas the same flat with a 79-year lease would be around £10,400. The second point is the issue of mortgage finance: lenders are really clamping down when it comes to properties with short leases. You may find that their lending criteria are stricter and that they alter interest rates depending on how many years are left on the lease. They may even refuse to lend completely, so if you wanted to sell, your only options would be to find a cash buyer, or hope for the best at auction. The importance of protecting your leasehold interest is so great that it is even worth borrowing more on your mortgage to pay for it if you do not have the spare cash available. Most lenders are happy to give you a further advance for this because they see it as enhancing the security of their loan. However, if you already have a high loan-to-value mortgage, you may not be able to borrow the full amount of the cost of extending your lease. The method for calculating leasehold extension premiums is complicated and influenced by a number of disputable factors, making the process seem more of an art than a science. These factors include local property prices and predictions of future investment returns, which are used to calculate the sum you would have to give the freeholder to compensate for his not receiving the property back for several more decades. You normally have to pay your freeholder's legal costs, your own legal costs and surveyors fees. The process of lease extension can take a few months, so it is also worth starting early so that it can be concluded well before you want to sell or re-mortgage a flat. An alternative is to take over the freehold so that you are at liberty to grant leases lasting for 999 years at no extra premium. Over the years’ new laws have made it progressively easier for leaseholders to own a share of the freehold. There may not be a huge difference between the cost of extending a lease and buying a share of the freehold, so it is usually preferable. Buying the freehold, or a share in it, means you will no longer have to pay ground rent and service charges. You also have greater control over the building's management, a big plus when the managing agents are not delivering an effective service. It should also increase the value of your home and make it more attractive to buyers. Doing nothing may feel like the attractive option today, but grasping the nettle and tackling your short lease problem could help protect your biggest asset from disappearing into thin air. Gibson Young Solicitors have a vast experience in advising on all areas of leases and lease extensions. We are friendly and approachable and our advice is clear and straightforward. If you would like to speak to our expert Conveyancing team about your lease, please get in touch by calling 020 7924 2919 or e-mail reception@gibsonyoungsolicitors.com . All initial enquiries are completely free of charge and without any obligation.
Get sound legal advice from Gibson Young Solicitors in and around Putney, Clapham and the surrounding areas - Divorce is never simple, but it is a lot easier with a reliable team by your side.
Gibson Young strive to make family law more straightforward to comprehend and recognise that each case is unique, requiring tailored support and careful handling.
When families have stepchildren, issues of inheritance can become complicated and it is important to put a Will in place that accurately deals with the situation to avoid disputes. When families have both birth children and stepchildren, there is always a risk that someone could be left out if inheritance matters are not carefully considered. If someone dies without a Will, then depending on the circumstances, children or stepchildren could be disinherited. Providing for your children after your death If you wish to adequately provide for your children after your death, it is essential that you put a Will in place, particularly if you have remarried. In the event that you do not have a Will in place when you die, the bulk of your estate will pass under the Rules of Intestacy to your spouse. Even if you have written a Will, your children could still inherit nothing if you leave everything to your spouse, by virtue of what is known as ‘the sideways disinheritance trap.’ Understanding the sideways disinheritance trap Where a couple have left all of their estate to each other and one of them dies, there is a risk that their children may ultimately miss out on inheriting anything. If the surviving partner remarries, then any existing Will is automatically invalid. If the surviving partner dies without making a new Will, then most of their estate will pass to their new spouse, along with anything that they hold jointly together such as a property owned as joint tenants and any shared bank accounts. If the new spouse also dies without making a Will, the whole of the estate will be passed onto their children or other blood relatives, leaving the children of the original couple with nothing. The new spouse also has the option to make a new Will leaving the money where they wish, which could again exclude the first couple’s children. There is also a risk that the money will be spent, for instance, in a bad investment or in paying for care home fees. Fortunately, there is a way to deal with this that ensures that children will not be excluded. Leaving a life interest trust in your Will By leaving a life interest in your property and assets to your spouse, you can ensure that they can continue to live in any shared home for the rest of their life, but when they die, your interest will pass to those you have named in your Will, which would commonly be your own children from your first relationship. Providing for your stepchildren after your death If you wish to provide for stepchildren after your death, it is essential that you make a Will. If you die without making a Will, then your estate will be distributed to your family members in accordance with the Rules of Intestacy. The Rules do not make any provision for stepchildren. Others in a close relationship with you could also miss out, such as a cohabiting partner, as only blood relatives are included in the list of those who will inherit. In the event that you name your stepchildren in your Will, you should consider the position of any birth children you may have. If you do not leave them anything, then there is a chance that they could contest the Will under the Inheritance (Provision for Family and Dependants) Act 1975. Dealing with issues of inheritance can be complicated, especially when a stepfamily is involved. It is advisable to seek expert legal advice to ensure that the arrangements you make are legally sound and well thought-out and that they have the best chance of going unchallenged. Where a Will has been professionally prepared, it can minimise the risk of a disagreement arising after your death. Discussing matters with your family where possible can also help to prepare those involved and ensure that they understand what your wishes are and why you have made them. At Gibson Young we offer both legal expertise and outstanding client service. We are friendly and approachable and our advice is clear and straightforward. If you would like to speak to our expert Wills and probate team about having a bespoke Will drawn up, please get in touch by calling 020 7924 2919 or e-mail reception@gibsonyoungsolicitors.com . All initial enquiries are completely free of charge and without any obligation.
Understanding Prenuptial & Post Nuptial Agreements: Why they may work for you
18 October 2023
When families have stepchildren, issues of inheritance can become complicated and it is important to put a Will in place that accurately deals with the situation to avoid disputes.
When families have both birth children and stepchildren, there is always a risk that someone could be left out if inheritance matters are not carefully considered. If someone dies without a Will, then depending on the circumstances, children or stepchildren could be disinherited.
Providing for your children after your death
If you wish to adequately provide for your children after your death, it is essential that you put a Will in place, particularly if you have remarried.
In the event that you do not have a Will in place when you die, the bulk of your estate will pass under the Rules of Intestacy to your spouse. Even if you have written a Will, your children could still inherit nothing if you leave everything to your spouse, by virtue of what is known as ‘the sideways disinheritance trap.’
Understanding the sideways disinheritance trap
Where a couple have left all of their estate to each other and one of them dies, there is a risk that their children may ultimately miss out on inheriting anything. If the surviving partner remarries, then any existing Will is automatically invalid.
If the surviving partner dies without making a new Will, then most of their estate will pass to their new spouse, along with anything that they hold jointly together such as a property owned as joint tenants and any shared bank accounts.
If the new spouse also dies without making a Will, the whole of the estate will be passed onto their children or other blood relatives, leaving the children of the original couple with nothing.
The new spouse also has the option to make a new Will leaving the money where they wish, which could again exclude the first couple’s children. There is also a risk that the money will be spent, for instance, in a bad investment or in paying for care home fees.
Fortunately, there is a way to deal with this that ensures that children will not be excluded.
Leaving a life interest trust in your Will
By leaving a life interest in your property and assets to your spouse, you can ensure that they can continue to live in any shared home for the rest of their life, but when they die, your interest will pass to those you have named in your Will, which would commonly be your own children from your first relationship.
Providing for your stepchildren after your death
If you wish to provide for stepchildren after your death, it is essential that you make a Will. If you die without making a Will, then your estate will be distributed to your family members in accordance with the Rules of Intestacy. The Rules do not make any provision for stepchildren. Others in a close relationship with you could also miss out, such as a cohabiting partner, as only blood relatives are included in the list of those who will inherit.
In the event that you name your stepchildren in your Will, you should consider the position of any birth children you may have. If you do not leave them anything, then there is a chance that they could contest the Will under the Inheritance (Provision for Family and Dependants) Act 1975.
Dealing with issues of inheritance can be complicated, especially when a stepfamily is involved. It is advisable to seek expert legal advice to ensure that the arrangements you make are legally sound and well thought-out and that they have the best chance of going unchallenged. Where a Will has been professionally prepared, it can minimise the risk of a disagreement arising after your death.
Discussing matters with your family where possible can also help to prepare those involved and ensure that they understand what your wishes are and why you have made them.
At Gibson Young we offer both legal expertise and outstanding client service. We are friendly and approachable and our advice is clear and straightforward.
If you would like to speak to our expert Wills and probate team about having a bespoke Will drawn up, please get in touch by calling 020 7924 2919
or e-mail reception@gibsonyoungsolicitors.com. All initial enquiries are completely free of charge and without any obligation.
The settling of financial disputes in divorce has changed. From April 2024, courts made it clear: mediation and other non-court dispute resolution (NCDR) methods should come first. Now in place for a full year, these rules mean couples must seriously consider alternatives before heading to court, or risk delays and even cost penalties. With the introduction of Form FM5, judges expect proof that mediation has been attempted or if not, that there is a solid reason why it hasn’t. If you’re divorcing or separating, understanding these changes could save you time, stress and money. What are the key changes to be aware of? 1. Expanded definition of NCDR: this term now encompasses various methods beyond traditional mediation, including arbitration, neutral evaluation by a third party and collaborative law. This broader definition allows parties to choose the most suitable approach for their specific circumstances 2. Mandatory consideration of NCDR: parties are now required to actively consider NCDR options before initiating court proceedings. This pre-application protocol involves attending a Mediation Information and Assessment Meeting (MIAM) , where the benefits of different NCDR methods are fully explained. They must also exchange financial information before filing an application, ensuring transparency and reducing unnecessary court involvement. Judges will expect full compliance with this protocol 3. Introduction of Form FM5: at least seven days before the first court hearing, parties must submit Form FM5, detailing their engagement with NCDR. This form requires explanations for not pursuing NCDR, ensuring that parties have thoughtfully considered alternatives to litigation 4. Court's authority to adjourn for NCDR: courts now have the power to adjourn proceedings to encourage parties to engage in NCDR, even without mutual consent. This measure emphasises the judiciary's support for resolving disputes outside the courtroom 5. Cost implications for non-compliance: failure to engage in NCDR without a valid reason can lead to adverse cost orders. This serves as a deterrent against unnecessary litigation and promotes the use of alternative dispute resolution methods What are the benefits of embracing NCDR? ● Cost-effective: NCDR methods, such as mediation, are generally more affordable than traditional court proceedings, reducing financial strain on parties ● Time-saving: resolving disputes through NCDR can be quicker, allowing parties to move forward without prolonged legal battles ● Preservation of relationships: NCDR fosters a collaborative environment, which can be particularly beneficial in cases involving children, helping to maintain amicable relationships post-dispute ● Flexibility: parties have more control over the process and outcomes, tailoring resolutions to their unique needs and circumstances Gibson Young's commitment to NCDR At Gibson Young Solicitors LLP, we recognise the importance of these reforms and are dedicated to assisting our clients in navigating the complexities of family disputes, without unnecessary conflict. Where possible, we encourage resolving disputes amicably and outside of court, whether achieved through mediation, arbitration or other alternative dispute resolution methods. Our team provides clear legal guidance, ensuring you understand your options and are fully prepared for any non-court resolution process. We assist with financial settlements, arrangements for children and international divorce, always aiming for solutions that protect your interests while considering the needs of the wider family. As members of Resolution, we are dedicated to a constructive, non-confrontational approach, working towards fair outcomes with minimal distress. If you need expert advice on your family law matter, contact us today for a free initial consultation.
Resolving the financial aspects of a divorce can be complicated, and pensions are currently causing even bigger headaches for divorce applicants - especially for those in public sector schemes. One of the biggest issues applicants are currently experiencing is the significant delays in getting a pension valuation, also known as a Cash Equivalent Transfer Value (CETV). Since 2023, lengthy wait times for these valuations have delayed financial settlements because courts require full financial disclosure before approving agreements. NHS and teacher pensions are seeing particularly long delay s , leaving many divorcing couples in limbo. Why does a pension valuation matter in divorce? A CETV gives the capital value of a pension, which is needed to divide assets fairly. Without it, financial settlements cannot be finalised, whether through the courts or privately. Getting a CETV is taking months - or even over a year in some cases. The impact of these delays can mean: ● Longer divorce proceedings - Financial settlements can’t be agreed upon without full disclosure ● Higher legal costs - More delays mean more solicitor fees ● Financial uncertainty - Without a settlement, future financial planning is on hold ● Emotional stress - Uncertainty over finances makes a challenging situation even more difficult And this isn’t just an issue for divorces going through the courts. Even those divorcing amicably via solicitors or mediation will find that without full financial disclosure, it’s impossible to agree on a fair division of assets. Teachers' Pension Scheme delays The Teachers' Pension Scheme has been experiencing significant backlogs in providing CETVs. Recent pension changes (linked to the McCloud judgment , which corrected age discrimination in public sector pensions) have also had a significant effect because pension providers need to conduct complicated recalculations, further inhibiting timely progress. NHS Pension valuation delays The NHS Business Services Authority (NHSBSA) has reported high volumes of retirement applications, leading to longer processing times for various services, including pension estimates and transfers. As of February 2025, the processing time for a CETV related to divorce proceedings is up to three calendar months from the receipt of all required forms. In cases where a court date is imminent, the NHSBSA advises contacting them directly with evidence of the court date to potentially expedite the process. How to handle the delays If you’re divorcing and a pension valuation is part of the financial settlement, consider the following to limit the disruption: 1. Request a CETV as early as possible - The sooner you apply, the more you will be able to account for any possible delays. 2. Talk to a family law solicitor - They can guide you through alternative ways to structure a settlement if pension issues are causing significant delays. 3. Get financial advice - A pension expert can help you work out other ways to divide assets while waiting for the valuation. 4. Be prepared for delays - If a pension is a big part of your financial settlement, know that the process could take much longer than expected. Final thoughts Getting expert advice early and planning for any potential delays can help keep things moving. If you’re dealing with pension delays in your divorce or need further advice, speak to our Matrimonial & Family team . We will be able to help you navigate these challenges so you’re not left waiting indefinitely.
A Lasting Power of Attorney (LPA) is a legal document which enables you to decide who you trust to make decisions about your finances, property or healthcare, in the event you are no longer able to do so and appoint them as your Attorney.
Age-related issues such as dementia are often the reason that people are no longer able to make such decisions. However, an event such as an accident or illness could also have this impact.
The number of years left on a lease is of huge importance, both to buyers and flat owners, and if you leave it too late you could find yourself with a home that sellers and mortgage lenders avoid like the plague. If you own a leasehold property you have the right to live in that property for a set number of years, but it is the freeholder who usually owns the ground beneath the flat and the building around it. When flats are first built leases are typically for 99 or 125 years but they are not automatically renewed, so in theory, after this time the ownership reverts back to the freeholder. Lower house prices are usually helpful if you're looking to extend a lease as the less your property is worth, the cheaper the lease. But getting in early is crucial as the cost rises the longer you leave it. While this may only account for a few extra hundred pounds every year at first, once the lease falls below 80 years, the cost starts to rise disproportionately because something called ‘marriage value’ takes effect and it could be closer £1,000 extra per year. Buyers become very aware of the increased costs associated with undertaking a lease extension for a flat with less than 80 years remaining. For example, the premium on a flat worth in the region of £300,000 with an 82-year lease would typically be around £6,000, whereas the same flat with a 79-year lease would be around £10,400. The second point is the issue of mortgage finance: lenders are really clamping down when it comes to properties with short leases. You may find that their lending criteria are stricter and that they alter interest rates depending on how many years are left on the lease. They may even refuse to lend completely, so if you wanted to sell, your only options would be to find a cash buyer, or hope for the best at auction. The importance of protecting your leasehold interest is so great that it is even worth borrowing more on your mortgage to pay for it if you do not have the spare cash available. Most lenders are happy to give you a further advance for this because they see it as enhancing the security of their loan. However, if you already have a high loan-to-value mortgage, you may not be able to borrow the full amount of the cost of extending your lease. The method for calculating leasehold extension premiums is complicated and influenced by a number of disputable factors, making the process seem more of an art than a science. These factors include local property prices and predictions of future investment returns, which are used to calculate the sum you would have to give the freeholder to compensate for his not receiving the property back for several more decades. You normally have to pay your freeholder's legal costs, your own legal costs and surveyors fees. The process of lease extension can take a few months, so it is also worth starting early so that it can be concluded well before you want to sell or re-mortgage a flat. An alternative is to take over the freehold so that you are at liberty to grant leases lasting for 999 years at no extra premium. Over the years’ new laws have made it progressively easier for leaseholders to own a share of the freehold. There may not be a huge difference between the cost of extending a lease and buying a share of the freehold, so it is usually preferable. Buying the freehold, or a share in it, means you will no longer have to pay ground rent and service charges. You also have greater control over the building's management, a big plus when the managing agents are not delivering an effective service. It should also increase the value of your home and make it more attractive to buyers. Doing nothing may feel like the attractive option today, but grasping the nettle and tackling your short lease problem could help protect your biggest asset from disappearing into thin air. Gibson Young Solicitors have a vast experience in advising on all areas of leases and lease extensions. We are friendly and approachable and our advice is clear and straightforward. If you would like to speak to our expert Conveyancing team about your lease, please get in touch by calling 020 7924 2919 or e-mail reception@gibsonyoungsolicitors.com . All initial enquiries are completely free of charge and without any obligation.
Get sound legal advice from Gibson Young Solicitors in and around Putney, Clapham and the surrounding areas - Divorce is never simple, but it is a lot easier with a reliable team by your side.
Gibson Young strive to make family law more straightforward to comprehend and recognise that each case is unique, requiring tailored support and careful handling.
When families have stepchildren, issues of inheritance can become complicated and it is important to put a Will in place that accurately deals with the situation to avoid disputes. When families have both birth children and stepchildren, there is always a risk that someone could be left out if inheritance matters are not carefully considered. If someone dies without a Will, then depending on the circumstances, children or stepchildren could be disinherited. Providing for your children after your death If you wish to adequately provide for your children after your death, it is essential that you put a Will in place, particularly if you have remarried. In the event that you do not have a Will in place when you die, the bulk of your estate will pass under the Rules of Intestacy to your spouse. Even if you have written a Will, your children could still inherit nothing if you leave everything to your spouse, by virtue of what is known as ‘the sideways disinheritance trap.’ Understanding the sideways disinheritance trap Where a couple have left all of their estate to each other and one of them dies, there is a risk that their children may ultimately miss out on inheriting anything. If the surviving partner remarries, then any existing Will is automatically invalid. If the surviving partner dies without making a new Will, then most of their estate will pass to their new spouse, along with anything that they hold jointly together such as a property owned as joint tenants and any shared bank accounts. If the new spouse also dies without making a Will, the whole of the estate will be passed onto their children or other blood relatives, leaving the children of the original couple with nothing. The new spouse also has the option to make a new Will leaving the money where they wish, which could again exclude the first couple’s children. There is also a risk that the money will be spent, for instance, in a bad investment or in paying for care home fees. Fortunately, there is a way to deal with this that ensures that children will not be excluded. Leaving a life interest trust in your Will By leaving a life interest in your property and assets to your spouse, you can ensure that they can continue to live in any shared home for the rest of their life, but when they die, your interest will pass to those you have named in your Will, which would commonly be your own children from your first relationship. Providing for your stepchildren after your death If you wish to provide for stepchildren after your death, it is essential that you make a Will. If you die without making a Will, then your estate will be distributed to your family members in accordance with the Rules of Intestacy. The Rules do not make any provision for stepchildren. Others in a close relationship with you could also miss out, such as a cohabiting partner, as only blood relatives are included in the list of those who will inherit. In the event that you name your stepchildren in your Will, you should consider the position of any birth children you may have. If you do not leave them anything, then there is a chance that they could contest the Will under the Inheritance (Provision for Family and Dependants) Act 1975. Dealing with issues of inheritance can be complicated, especially when a stepfamily is involved. It is advisable to seek expert legal advice to ensure that the arrangements you make are legally sound and well thought-out and that they have the best chance of going unchallenged. Where a Will has been professionally prepared, it can minimise the risk of a disagreement arising after your death. Discussing matters with your family where possible can also help to prepare those involved and ensure that they understand what your wishes are and why you have made them. At Gibson Young we offer both legal expertise and outstanding client service. We are friendly and approachable and our advice is clear and straightforward. If you would like to speak to our expert Wills and probate team about having a bespoke Will drawn up, please get in touch by calling 020 7924 2919 or e-mail reception@gibsonyoungsolicitors.com . All initial enquiries are completely free of charge and without any obligation.
Get sound legal advice from Gibson Young Solicitors.
Putney, Fulham, Chiswick, Clapham, Clapham Junction, Wimbledon, Richmond and the surrounding areas in South London. To book an appointment, call 020 7924 2919
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