Published on: 4th August 2025

More Common Misconceptions

In November of this year, Casey & Associates will have been in business for 20 years and over that time we have met a huge range of clients and prospective clients from all walks of life.

One thing is certain; the more people you speak with about estate planning the more you appreciate how many different weird and wonderful ways people believe it all works.

Following on from a previous article on this subject, the following are a further selection of common misconceptions;

“Common-Law Partners have the same rights as married partners"

Reality – There is no such thing as “Common-Law” there is only the law.

Common-law marriage is not legally recognised in England & Wales.  Therefore, unmarried partners have no automatic right to inherit under intestacy rules, regardless of how long they've lived together and making a Will is absolutely essential.

“My debts die with me”

Reality – Debts do not disappear when a person dies.  They must be paid from the estate before any inheritance is distributed to the beneficiaries.  If there aren’t enough assets, then creditors may go unpaid, but there may not be anything left for the beneficiaries either.

“I don't need a Will - everything will go to my spouse”

Reality – Depending on how you own your property, the value of your estate and the make up of your family it is possible that not everything will go to your surviving spouse if you die without having written a Will.

“A Will is the only Estate Planning tool I need"

Reality – Whilst a robust, professionally written Will is a fundamental part of any estate planning strategy, there are many other elements that should be considered, such as;

• Trusts.
  
  
• Lasting Power of Attorney (LPA) documents.
  
  
• Inheritance Tax (IHT) planning.
  
  
• Gifting strategies.
  
  
• Pensions.
  
  
• Life Insurance.
  
  
• Funeral arrangements.
  
  

If you would like to speak with one of our Consultants to discuss any of the issues raised in this article or any other Estate Planning topic please telephone 01732 868190 or click here.

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If you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney, or Trusts then we will carry out a telephone or Zoom appointment.

However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting then we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover. To see the areas we normally cover please click here.

To arrange an appointment please telephone 01732 868190 or click here.

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