Despite the freedom in the UK for individuals to leave their estate to whomsoever they please there are more challenges to wills than ever, mainly by family members.
However distasteful, it is a reality that some families of gay couples do not always accept that their relative has left their estate to their gay partner and often mount a challenge to the will. When there are informally adopted children, surrogacy and step-children in the equation it brings another dimension.
When considering making a will and how you would like to share your estate you need lawyers to provide sound advice and an ironclad will that delivers absolute clarity. The experienced lawyers in Gay Lawyers, Giambrone’s LGBT division, have extensive experience in protecting the wishes enshrined by an individual in a will, advising on managing the tax exposure of the benefactors and assistance with administration and probate.
It is absolutely essential that your will is drafted with total precision and addresses all eventualities, such as
- What happens if a benefactor pre-deceases you?
- Protecting your partner’s position if you are unmarried.
- Minimising your benefactor’s tax liability?
- What happens if you lose capacity?
- What can be done to stop your relatives challenging the will?
- How to protect a benefactor who is under the age of majority.
- How to make certain your executors will carry out your express wishes.
- How to ensure that the inheritance goes only to the individual named and not to the benefactor’s family upon their death.
It is not unknown for a family of one half of a gay couple to exhibit a dislike of their relative’s partner in which case it should be remembered that the family members who may have displayed an unpleasant attitude may, eventually benefit from your inheritance. If this is unwelcome steps can be taken to prevent such an eventuality.
When considering making a will and how you would like to share your estate you need lawyers to provide sound advice and an ironclad will. The experienced lawyers in Gay Lawyers, Giambrone’s LGBT division, have extensive experience in protecting the wishes enshrined by an individual in a will, advising on managing the tax exposure of the benefactors and assistance with administration and probate.
Even greater attention must be delivered to the will involving an estate which includes a business, particularly if the business is to continue running. There may be a commercial premises involved or the inheritance may include assets and plant essential to the running of the business. You will have to consider how to limit the potential for a benefactor to take essential assets out of the business to prevent any impairment of its ability to trade. If any of your benefactors are involved in the day to day running of the business it may be less complicated as he or she will have a vested interest in the continuation of the business, otherwise it can present problems.
Our lawyers will provide pragmatic commercial advice to assist you in deciding how to advantage your benefactor without bringing the business crashing down.
The vast majority of parents usually wish to leave an inheritance for their children and whilst there is far more clarity in law with regard to the unique issues surrounding assisted fertility it is always best to take every precaution to make crystal clear your intentions for your children’s inheritance, outlining who is to get what and why. This is particularly important should you wish to exclude an individual for any reason.
For more information please contact firstname.lastname@example.org or telephone 020 7043 5928.