The important ‘all in the car together’ clause

15/10/2018

A recent gift to the charity Oxfam has highlighted the importance of making a provision in your Will for the unlikely event that the whole family should die with you or before you.

Richard Cousins was the head of Compass, a successful Catering company, and had an estate worth in excess of £40m. On 31st December 2017, he was with his fiancée and 2 sons (aged 25 and 23) when the plane they were all flying in crashed into a river in Australia and all on board were killed.tom-barrett-318954-unsplash

Cousins’ Will provided that his estate would pass to his sons, sadly they died with him. His Will included a long stop provision that should his sons also pass away then the bulk of his fortune would pass to his chosen charity, Oxfam. Without this provision, his estate would have been governed by intestacy rules.

At Four Oaks Legal Services, when we talk to you about making a Will, of course we look at family members you wish to provide for in the first instance but often, particularly where children are young and it is likely that you travel together, or where the family is small, we will advise you to name a ‘long stop’ individual or charity who would be entitled to benefit should those first in line have passed away.

Hopefully, the worst won’t happen but if it does then it’s important to have a plan in place. Many charities rely on legacies in wills and in 2017 legacy giving accounted for over half the single source of funding for charities.

If we can help with updating or making a new Will for you please contact Adam or Joanna on 01543 440 308 or e-mail us at adam@fouroakslegalservices.com or joanna@fouroakslegalservices.com