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ENGLEMAN WILLS + POWERS OF ATTORNEY + PROBATE + EQUITY RELEASE 01268 761022 / 07901 948745

Making a Will : All you need to know…..

 

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LISTEN TO MY INTERVIEW ON BBC ESSEX RADIO 
 
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  11 GOOD REASONS TO CALL ME.......

  
  1. Home visit Will writing meetings, no travelling for clients.
  2. Fixed fees pre-quoted in writing.
  3. Complex family situations easily resolved.
  4. Personal supervision of your Will attestation.
  5. Institute of Professional Will Writers qualified click for link to website.
  6. Advice on Local Authority care home fees mitigation.
  7. Lasting Power of Attorney arrangement click for link to page.
  8. Probate arrangement  click for link to page.
  9. FREE guidance on taxation, investment, pensions, business and money matters.
  10. Inheritance Tax planning click for link to page.
  11. Funeral Plans  click for link to page

 

'Making a Will is particularly important if you have children under 18, or have step-children, or wish yourself and your spouse to inherit most if not all of each other's estates, or to protect your own children's inheritance in the event of re-marriage or going into a care home' .

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YOUR WILL CHECKLIST: WHICH TOPICS APPLY TO YOUR CIRCUMSTANCES ?

 
  • You have no Will.
  • You are in an un-married partnership or have recently married, re-married, divorced or ended a relationship where a property was shared.
  • You have no provision in your Will to protect your children's inheritance should your spouse re-marry.
  • Marriage or re-marriage invalidates a Will, thus channelling legacies away from the wishes of the Testator (Will­-maker). However, a properly revised Will can put the terms of the Will back on track in the light of the Testator's revised wishes in relation to the new family circumstances.
  • Divorce does not invalidate a Will, although divorced spouses named in a Will are treated as though having died on the date of divorce. The rest of the terms of the Will may be valid, but again out of date with the new family circumstances.
  • You have not provided for the welfare of minors (under 18) in the event of one or both parents’ premature death.
  • You have step-children, or children or relatives of any age who have special care needs
  • You are unsure whether a Local Authority can force you or an elderly parent to sell your house to fund care home fees.
  • You or your elderly parents require a Lasting Power of Attorney arrangement
  • You own property abroad, not covered by a Will in that country.
  • You are concerned (or unaware) that capital taxes (40% Inheritance Tax) arising on your death could erode the family wealth before it passes to your beneficiaries.
  • You have business interests, with possibly no formal written arrangements for continuity and stewardship of your business after death.
 

INTERESTING TO KNOW.......

 
Where property is owned jointly under a joint tenancy, on the death of one of the joint tenants, the deceased's share of the joint property passes automatically to the surviving joint tenant, and is not subject to the Intestacy Rules. The property cannot be passed to anyone else under a will or intestacy, but this restriction could be overcome by changing the property ownership to a tenants-in-common arrangement.
 
The Intestacy Rules are subject to a 28 day survivorship rule under section 46 of the Administration of Estates Act 1925, so if the spouse dies within this time, the intestacy rules state that the intestate estate will be dealt with as if there had been no spouse.
 
Under law, if a couple die in an accident, and it is not known who died first, the older of the two will be deemed to have died first under section 184 of the Law of Property Act 1925. Should there be no surviving bloodline, ie children, grandchildren etc, the couple's two estates would go to the beneficiaries of the younger survivor only.
 
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THE BAD NEWS........even if you are married........

 
 
Under the Intestacy Rules, ie without a Will, part of your estate could by-pass the surviving spouse and pass directly to children, as follows:- 
 
If there is a surviving spouse and no children, ALL assets pass to surviving spouse.
 
If there is a surviving 'spouse', ie incl civil partner, and surviving children:
 
The spouse takes:
 
The personal effects (the deceased’s personal belongings and chattels)
£250,000 free of Inheritance Tax.
 
The residuary estate is split 50/50 to surviving spouse AND CHILDREN.
 
 
If there are children but no surviving spouse:

The children take the whole of the estate in equal shares.

 

If there are grandchildren and great grandchildren

A grandchild or great grandchild cannot inherit from the estate of an intestate person unless either:

  • their parent or grandparent has died before the intestate person, or
  • their parent is alive when the intestate person dies but dies before reaching the age of 18 without having married or formed a civil partnership

In these circumstances, the grandchildren and great grandchildren will inherit equal shares of the share to which their parent or grandparent would have been entitled.

 

If there is a surviving spouse and no children but a parent or parents of the deceased:

The spouse takes:

       • The personal effects.
       • £450,000 free of Inheritance Tax.
       • One half of the remainder of the estate.

The parents take the other half of the remainder of the estate.

 

If there is a surviving spouse and no children and no parent of the deceased but brothers or sisters of the deceased:  

The spouse takes:

       • The personal effects.
       • £450,000 free of Inheritance Tax.
       • One half of the remainder of the estate.

The brothers/sisters take the other half of the remainder of the estate.

 

If there are no surviving brothers or sisters or their children, the order of precedence of surviving relatives, if traceable, is as follows:-

  ØHalf brother or sisters or their children.
  ØGrandparents.
  ØUncles or aunts or their children.
  ØHalf uncles and aunts or their children. 

 

If you have no surviving parents, siblings, grandparents, uncles or aunts, then under the Intestacy Rules, the whole estate goes to the Crown or the Duchy of Lancaster or the Duke of Cornwall.
 
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THE GOOD NEWS.......whether or not you are married.......

 
A professionally-qualified Will Writer can achieve the following benefits to give peace of mind for you and your family:-
 
Ensure that after your death your children will still benefit from your share of the family home should your spouse re-marry.  
 
Ensure your children under 18 have appointed Legal Guardians to bring them up should they be orphaned. There are no automatic parental rights for grandparents or godparents, nor for any close family or close friends with whom you may have informally agreed to foster your children.
 
Specify named estranged family members whom you may wish to exclude from your estate.
 
Help protect the proceeds of your home being spent on Local Authority care home fees.
 
Help protect the value and continuance of your business after your death.
 
Ensure, should you own property overseas, that you have a Will drawn up in that particular country.
 
Mitigate Inheritance Tax on your estate, currently 40%.
 
Ensure your signed Will is protected against loss by being professionally and safely stored.
 
 
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HIGHLY RECOMMENDED........ 

 
Even if you already have an existing Will, you should consider revising it in the following circumstances:- 
 
You have divorced or been widowed.
 
You have since re-married, which invalidates your Will, unless it states that it was arranged in contemplation of marriage.
 
You have no catastrophe clause stating your reserve beneficiaries if all of your close family beneficiaries died before you. 
 
Your existing named Executors, Trustees, Beneficiaries or Legal Guardians have died, or are no longer appropriate to your current wishes and circumstances. 
 
You have children with special care needs, who might lose State benefits on inheriting your estate.
 
 
IMPORTANT NOTICE !
 

The Inheritance and Trustees Powers Act 2014 was given Royal Assent on 14 May 2014

The Act includes reforms that will:

  • ensure that where a couple are married or in a civil partnership, assets pass on intestacy to the surviving spouse in all cases where there are no children or other descendants;
  • simplify the sharing of assets on intestacy where the deceased was survived by a spouse and children or other descendants;
  • protect children who suffer the death of a parent from the risk of losing an inheritance from that parent in the event that they are adopted after the death;
  • amend the legal rules which currently disadvantage unmarried fathers when a child dies intestate;
  • remove arbitrary obstacles to family provision claims by dependants of the deceased and anyone treated by the deceased as a child of his or her family outside the context of a marriage or civil partnership;
  • permit a claim for family provision in certain circumstances where the deceased died “domiciled” outside of England and Wales but left property and family members or dependants here;  
  • reform trustees’ statutory powers to use income and capital for the benefit of trust beneficiaries (subject to any express provisions in the trust instrument).
 
'I offer a service in the client's own home that is friendly and informal, conducted with sensitivity and patience, with clear explanations of the beneficial arrangements available. I very much look forward to being of service to you' .

Best Wishes 

Martin

MARTIN ENGLEMAN  AIPW  AFPC  DipPFS Certs CII (MP & ER)  

Principal Engleman Wills + Powers of Attorney + Probate 
 
Estate Planning Legal Specialist with APS Legal & Associates Ltd
Qualified Associate of The Institute of Professional Will Writers
Member of The Chartered Insurance Institute
Member of The Personal Finance Society 
 
 
TO DISCUSS YOUR WILL
 PLEASE CALL 01268 76 10 22  or  079 019 487 45
  
 
 
 
 
 
 Click on logo above for link to IPW website  
 

 

Engleman Wills + Powers of Attorney + Probate + Equity Release

 On behalf of APS Legal & Associates Ltd, Head office: Worksop Turbine Innovation Centre, Shireoaks Triangle Business Park, Coach Close, Worksop, Nottinghamshire, S81 8AP

 APS Legal & Associates is a member of the Institute of Professional Willwriters

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