I recently had some clients that started the conversation by telling me they just wanted simple wills, each to each other and then on second death all to the children.  Nothing too complicated their affairs were simple. They were in the early 50s, they had 3 children who were getting on with their lives, two were married and they had 2 grandchildren and another on the way.

As our conversation progressed, we identified a few issues that made them think a bit more closely about whether simple Wills were the right way to go.

I asked them to consider the following issues and let me know if any of them were areas of concern:

• What would the position be if one of you dies:
  • and the other were to remarry
  • or decided just to squander all the money and there was nothing left for the children
  • or they made a new Will leaving everything to the cat’s home or their “friend” from up the road
• Does anyone in the family have financial issues, and therefore is the risk of insolvency something of concern.
• Are you concerned about how you might fund the cost of care home fees in later life.

After a good-humoured discussion, we uncovered that Mrs Client was concerned about remarriage if she were to die first.  She was concerned that her Partner could be unduly influenced by a new love and her children could miss out. Spouse of child A had set up a new company, and whilst it was doing well, it was not without risks.  We also discussed how their parents were concerned about care home fees and whilst it wasn’t on their radar maybe it should be.

We came up with a Will that suited their family circumstances right now and agreed that it would be good to review it in 2/3 years’ time.

I consider myself lucky to be working in this area of law.  We take the time to get to know our clients and we genuinely help people come up with good solutions for their own individual families.  Sometimes we ask the clients to think about difficult issues such as the above, or who do you want to care for the children if you die, or even what would happen if a child should die before you.

If you want a frank and honest discussion that helps you create the best Will for your family circumstances, please don’t leave it too late. It may not be as expensive as you think, and we will do our best to make the process as simple and easy as possible for you.

We are always here to help so please call on 0161 928 3848 or email mch@mchaleandco.co.uk. We have face to face, video or telephone calls available respecting safe social distancing requirements.