Tragedy strikes at any time but particularly this time of year when people are more active in potentially dangerous pastimes. A particular concern when a fatality occurs is the consequent impact on survivors. If the deceased has a Will then in most cases there is a relatively smooth and orderly handling of the estate.

If there is no Will then the Administration Act 1969 applies. That has provisions that no lawyer would ordinarily include in a Will for a client. Especially when there is a surviving partner and children. Distribution of the estate is set out in s77.

In basic terms it can result in the partner receiving 1/3 and the balance held in trust for the children. When very young children are involved this can mean several years of assets being locked up and access or use of those assets being controlled by the trustee, with associated fees and costs. For the benefit of your loved ones get a Will done so that there is some certainty and presumably less stress for those you leave behind.