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Wills planning for the worst case scenario
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Planning for the worst-case scenario

Emily Spencer Emily Spencer
2 min read

Making a will can be daunting but planning for the future by making a will is the best way to have peace of mind for what will happen when you pass away. A particular aspect of your will that you may not have considered is what would you want to happen if disaster struck. 

Can you predict what is around the corner? 

An area we discuss with our clients is a default or crisis clause, which relates to planning for the worst-case scenario. In other words, making provision for a situation when everyone you would like to benefit under your will (your beneficiaries) has died before you. An example where this could occur is if you made provision for your spouse and children to inherit in your will, what would happen if they were all to predecease you? 

We would all like to think it is highly unlikely that such a scenario would occur but, unfortunately, we do hear about tragedies where whole families are killed in accidents, for example. Therefore, because none of us know what is around the corner, we would always advise you to think about such a situation when doing your will with us.  If the unthinkable did happen and you did not include a default clause in your will, your estate would be split as per the Intestacy Rules of England and Wales.

In relation to the above example of someone not being survived by their spouse and children who they had made provision for in their will, if you were survived by your parents, your estate would be split equally between them. 

Who inherits your estate, if it's not the people you planned?

The next question that you should think about is would you want your parents (for example) to inherit from your estate or not? It may be that you do not get on with your parents or there are other relatives who you believe need the money more. If this is the case, we would strongly advise that you consider who you want to benefit from your estate if the worst does happen. You may like to name certain family members, or friends, or even a charity which is close to your heart, as alternative beneficiaries. And naming a charity could even have tax benefits for your estate. 

Whatever your circumstances, we would strongly advise that, when thinking about your will, you consider who you would like to benefit from your estate if your first choice of beneficiaries are no longer alive when you pass away. 

 

Client feedback

I would like to thank Winston Solicitors in particular Emily Spencer for the professional manner in which she attended to my late mother's affairs and her preparation of a will. I do not live in the UK but everything was done in a seamless fashion.
Anonymous
I found the process easy to follow and was clearly informed of progress at all stages. - February 2025
K O'Connor, Leeds
Emily Spencer is a delightful lady very professional efficient and easy to talk to. She has managed my will writing and rewriting with ease and charm
Linda
Very straightforward. Clear in their explanations.
Peter
MOST IMPRESSED WITH THIS LOCAL LAW FIRM,WILL CONTINUE TO USE THEM WHEN THE NEED ARISES.MONIKA WAS BOTH RELATABLE AND PROFESSIONAL.
Harvey
Monika couldn’t have been more helpful from start to finish. We were writing a will after our first baby came in April and everything was explained incredibly well including the difficult eventualities of will writing.
Henry
We used Winstons for a house purchase and will writing in 2024 and would definately recommend.Emily was especially helpful in will writing answering all questions, making sure we understood the details and that we were comfortable with the end product.
Anne
We engaged Winston Solicitors to write a pair of mirror wills under the Will Aid Scheme. All communications were professional and friendly from the outset. The client executive who wrote our wills, Emily Spencer, was effient and thorough. She was very thorough in ensuring she understood our particular circumstances, helped us to consider potential scenarios to plan for and explained legal terminology where needed. We were very happy with the service provided and would recommend to others.
Cassandra