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A will, or a last will and testament, is a legal document that describes how you would like your property and other assets to...
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If you don’t have a legally binding will in place before you die, the law of England and Wales will follow the rules of...
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Very much so. In 2013, after a lengthy consultation, the British government confirmed their belief that the will-writing market should be diverse and not...
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No. The British government confirmed in 2013, after a lengthy consultation, that the will-writing market should be diverse and not limited to solicitors.
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We are a nation of animal lovers so it is only natural that we would want to make sure that our pets are catered...
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In the UK, there are specific rules and regulations that dictate the fate of a business upon the death of its owner.
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For any parents, ensuring their children's well-being and protection, especially in their absence, is paramount.
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When someone dies, it's not just their assets that are left behind; they may also leave behind debts.
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Estate planning is not just for the super-rich. Whether you have a sprawling mansion or a small flat, some savings, or even just personal...
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One of the most important elements of drafting your will is appointing an executor. Here, we'll explore what an executor of a will is...
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Upon a person’s death, the responsibility of dealing with their estate often falls to an appointed individual known as the executor.
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Drafting a will is one of the most significant legal decisions you will make. It ensures that your assets are distributed according to your...
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Upon your death, only the designated executor possesses the legal authority to view your will. However, if probate is required to manage your estate,...
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In estate planning, will trusts (also known as testamentary trusts) serve as essential tools in ensuring that a person's assets are distributed and managed...
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As life changes, there may arise a need to make alterations to a will. Instead of completely rewriting the entire will, one can make...
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When an individual dies without having made a valid will, they are said to have died "intestate." In the UK, specific rules called the...
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The fate of one's home after death is primarily governed by wills, intestacy rules, and sometimes, trusts.
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The process of witnessing and signing a will is key to authenticating its validity. There are strict regulations surrounding this process.
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In drafting your wills and researching estate planning, a term you may come across is "testamentary capacity". It’s essential to understand its significance as...
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Writing a will is an important step to ensure that your wishes are carried out after your death, but the process does not end...
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Once you have drafted, printed, signed, and had your will written, it is paramount that your will is kept in a secure location, both...
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What about those more personal messages and sentiments that one might wish to convey to loved ones? This brings us to the question: Should...
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This glossary provides a basic understanding of some of the terminology used in the writing of a will in England and Wales.
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Life Planning & ProtectionWhat Gifts Can I Leave in a Will?
One of the essential aspects of creating a will is determining the gifts or legacies you want to leave behind. Let’s delve into the various types of gifts you can leave in a will.
Specific Gifts
These are particular items or assets that you wish to give to a specific person. It could be anything from jewellery, artwork, to a specific collection you own.
For example: I bequeath my diamond necklace to my daughter, Jane.
Pecuniary Gifts
This is a specified sum of money you wish to leave to someone or an organisation. It’s a fixed amount that doesn’t change regardless of the value of your estate.
For example: I bequeath the sum of £5,000 to my nephew, Tom.
Residuary Gifts
After all debts, taxes, and other legacies have been paid off, whatever remains is called the residue of your estate. You can choose to leave this entire residue or a percentage of it to one or more beneficiaries.
For example: I bequeath 50% of the residue of my estate to my son, Alex, and the other 50% to my charity of choice.
Contingent Gifts
These gifts are dependent on a certain event or condition being met. For instance, you might leave something to a beneficiary only if they survive you or reach a certain age.
For example: I bequeath £10,000 to my granddaughter, Lucy, provided she reaches the age of 21.
Gifts to Charities
The UK has a rich tradition of philanthropy, and many people choose to leave a gift to a charitable organisation in their will. Not only does this support causes close to your heart, but it can also offer tax advantages. If you leave at least 10% of your net estate to charity, it reduces the Inheritance Tax rate on the rest of your estate from 40% to 36%.
Reversionary Gifts
These are a bit more complicated. With a reversionary gift, you leave an asset (like a house) to a beneficiary to use during their lifetime. After their death, the asset then goes to a second beneficiary.
For example: I leave my house to my wife, Sarah, to use during her lifetime, and after her death, it will pass to our son, Max.
Important Considerations
- Clarity: Ensure your wishes are clear and unambiguous to avoid disputes.
- Updating: Circumstances change. Regularly review and update your will to reflect any changes in your situation or wishes.
- Legal advice: It’s always wise to seek legal advice, especially in more complex estates, to ensure that your will is valid and meets all legal requirements.
- Tax implications: The UK has specific rules about Inheritance Tax. Some gifts can help reduce the overall tax liability of your estate.
Whether you choose to leave a cherished item, a sum of money, a share of your estate, or a charitable donation, leaving gifts in your will ensures that your legacy lives on in a way that reflects your values and wishes.
Plan wisely, and seek professional advice if needed, to ensure your loved ones and cherished causes are provided for in the best possible way.