Recently in the media, it was reported that after an elderly couple died without making Wills, their step-children have been left to fight over the inheritance.

Barry Mcdonough, Solicitor at Jackson Lees, comments: 

A married couple, John and Ann Scarle died at around the same time.  It could not be established who died first, as no one had seen either of them for approximately a week before they were found. They both had children from previous marriages and there is an ongoing dispute about who is set to inherit their combined estates worth approximately £300,000, as they did not make Wills.

It has not been possible to establish whether John or Ann died first, based on the scientific evidence, and therefore the current law provides that the eldest spouse died first. Unless the court decides otherwise, this means that the children of the eldest spouse will end up with nothing. Since the step-siblings do not appear to get along, it is very unlikely that they will share their inheritance, unless the court says that this should be done.

The only way to make sure your children from a previous marriage are provided for is to make a Will. If you don’t make a Will when you die, the law will decide who your property goes to and this might not be what you want to happen.  For example, if you die before your spouse and you have not made a Will, it is likely that your share of the property and any assets will automatically pass to them and would not provide for any children you might have from a previous marriage.  Similarly, if you don’t have any children of your own, but you are very close to your nieces and nephews, you might want to ensure that some of your estates is passed on to them.

Everyone should have a Will regardless of their circumstances, but this case demonstrates how important it is to have a Will in place, rather than assuming your next of kin will automatically benefit.

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