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Trading as Powell Eddison Solicitors 
 
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Trading as Avery Walters Ellis Solicitors 
 

Posts tagged “Wills”

So, you live with your partner and have a family together, so when you pass away everything will pass to your partner even though you are unmarried, right? 
 
Wrong! It is a common misconception that cohabiting, unmarried couples have the same rights as married couples whereby everything will automatically pass to their spouse if they die without leaving a Will. 
 
Cohabiting couples are not afforded the same rights as married couples no matter how long-term the relationship has been, and there is no such thing as a ‘common-law marriage’. 
You may have made a Will, but what happens if your loved ones are unable to locate it when you die?  
 
If your Will or a copy cannot be found after you die, your estate will be distributed in accordance with the intestacy rules, or in line with an earlier redundant Will, meaning your wishes may not be fulfilled. This may be because your family or loved ones mistakenly believe you did not create one or have cancelled or destroyed it. 
 
You can ensure that you protect your loved ones by registering your Will with Certainty, the National Will register. 
It may seem like a good idea to draft your own Will to avoid incurring solicitors’ fees. However, it is important to understand that this may not be cost-effective in the long run, despite how appealing it may be. After all, you wouldn’t cut your own hair, so why draft your own Will? 
Although they are called ‘Lasting Powers of Attorney’, it is possible to change or end your powers of attorney after they are created, provided you still have the relevant mental capacity. This gives you, the donor, more power to decide who will be responsible for managing your affairs. 
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