Wills
Today’s modern family life is unpredictable - nobody knows what the future holds. More than anything else, your assets and your loved ones’ inheritance need protecting.
Claims on estates have risen over the years. This rise is likely due to people not understanding the importance of having a will.
It is never too early to think ahead about what might happen in later life. Adults of any age should be thinking ahead, particularly where children, second marriages, businesses and living arrangements are involved. The thought of making arrangements might feel
uncomfortable, so it is easy to put making a will off.
While the best time to make a will may have been a few decades ago, the second-best time is now.
Bespoke financial planning and a properly drafted will can ensure your assets are inherited by your chosen beneficiaries and will prevent your entire estate from being depleted by care home fees.
Your current will may have been rendered invalid by changes in your life circumstances and may not meet your current needs. Many existing wills do not protect children, contrary to the belief of the will holders. For the reasons above, reviewing your existing will is an important part of the estate planning process.
You may assume that you have left everything to your children in your will; however, this may not be the case, and your grandchildren may only inherit if their mother or father dies before them. In some cases, grandchildren get nothing, so it is always wise to consider
including them in your will under separate provisions.
An ex son-in-law or daughter-in-law
Future new step-parents to grandchildren
Children’s creditors or court orders
Someone else’s children and grandchildren
Inland Revenue and/or Local Authority
Trusts
Incorporating a trust in your will to protect your children and grandchildren’s inheritance will guarantee that only they will be able to use it. Instead of leaving them in uncertainty for their financial future, you can make sure they are taken care of after you have passed away.
A ‘bloodline’ will, contains a certain type of discretionary trust. The beneficiaries of the trust will be your children, their children and so on. The trust is discretionary, meaning that the trustees you appoint (which may include your children) deal with the trust fund and have the discretion to distribute the funds as per your wishes. This option can assist in situations where they may not want to inherit, including during divorce proceedings, the period following a bankruptcy order, the potential loss of means-tested benefits that assists them in day-to-day life.
A properly drafted will reduce the risk that your hard-earned wealth will be diminished as a result of threats such as care fees, creditors, divorce and remarriage. Such scenarios can and do impact many people's estates.
Protecting your estate from exposure to predatory third parties or the hands of a stranger.
Those without a will are even more exposed to threats, as the distribution of your estate can fall under laws of intestacy. Your spouse will not be entitled to all of your estates like it was in the past and they will be divided according to current legislation.
Wills legislation is archaic, which can pose challenges when drafting wills with modern needs in mind. The difficulty is balancing the needs of future generations with the challenge of funding the cost of care.
Our clients benefit from specialist legal advice delivered by a legally qualified, trained and insured will drafter with over a decade of experience. Contact us for further advice and information.
