Mendip Living Oct - Nov 2021

ON YOUR SIDE...
AT YOUR SIDE
Mogers Drewett is a leading South West
law firm that takes pride in building longterm
client relationships. Our experts are
pleased to answer your questions…
Cara Burr
Associate Chartered Legal Executive
I DON’T HAVE A WILL. WHAT WOULD
HAPPEN TO MY ASSETS WITHOUT
ONE WHEN I DIE? Cara Burr
Under the Intestacy Rules, if you are
married/in a civil partnership without
children your spouse will inherit
everything. If you have children,
your spouse will inherit all personal
possessions and assets up to £270,000.
The remainder is then divided into two
halves; half for your spouse, and half
divided equally between your children.
If you are unmarried without children the
Intestacy Rules dictate which of your
family members inherit. Making a Will
is the only way for you to decide who
inherits your Estate.
ARE YOU EVER TOO YOUNG TO HAVE
A WILL? Kat King
The short answer is no. Anyone over 18
can and should make a Will to ensure
their wishes are met when they die. The
Will should be reviewed as time goes by
and updated to reflect any changes in
circumstances.
For example, you should consider making
or updating your Will when you buy a
property or if you receive an inheritance.
It is also vital to make a Will if you cohabit
(see question 3), have children, or if you
get married or divorced.
I LIVE WITH MY PARTNER, WE’RE NOT
MARRIED. WILL THEY INHERIT WHEN
I DIE? Cara Burr
Without a Will, your Partner won’t inherit
your Estate, apart from any jointly owned
assets such as a property or bank
account. Your Estate would be divided
equally between your children (if any),
or by other family members, under the
Intestacy Rules. This could put your
Partner in the difficult position of having
to bring a claim against your estate under
the Inheritance (Provision for Family &
Dependants) Act 1975 because they
have not been provided for, which can be
costly, stressful and time-consuming.
I AM THINKING OF GETTING
DIVORCED BUT DON’T KNOW WHERE
TO START? Victoria Cobham
The actual divorce process (which is a
legal mechanism to end a marriage) is
only one of the necessary considerations.
It is important to also consider how
to deal with the finances and, if you
have children, agreeing their care
arrangements.
There are lots of resources available
online but, beware of misinformation.
Everyone’s circumstances are different,
and it is vital to equip yourself with
correct information. A family lawyer
will be able to guide you and provide
bespoke advice.
HOW DO I KNOW IF I NEED A
SOLICITOR TO RESOLVE AN ISSUE?
WHERE DO I START? John Grace
Many clients delay making contact
because they are uncertain if speaking to
a solicitor will help or are worried about
the cost of an initial conversion. Our
advice is that these matters can often
escalate and cause a lot more worry and
cost if left. Most solicitors are experts in
their field and there will be one who can
give you detailed and full advice about
whatever your issue is. If a solicitor can’t
help then they will confirm this to you
and if they can they have a professional
duty to make sure that you are aware of
the costs involved in them advising you
before they take any steps. Solicitors,
unlike unqualified individuals offering
legal advice, are required to maintain
professional indemnity insurance
cover, giving you comfort should things
go wrong. Websites such as Review
Solicitors, Chambers and Legal 500 are
great places to start to research which
solicitor is the right one for you and
details of all your local solicitors can be
found at on the Law Society website:
www.solicitors.lawsociety.org.uk
Mogers Drewett Wells
01749 342 323
Got a legal question you want to
ask the team?
Send us an email at
studio@minervapublications.co.uk and
we will pass it on to the team at
Mogers Drewett to answer.
Kat King
Chartered Legal Executive
Victoria Cobham
Associate Solicitor
John Grace
Compliance & Risk Manager
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