by Ian Cooney
•
20 May 2021
There are many aspects to consider when thinking about your Will requirements, Did You Know... 1. You can’t leave your estate to your Pet ☹ Your pet might be the most loved member of your family, so you might be upset to read that you cannot leave your pet any of your money. Pets cannot own property or money, so you cannot leave anything to them in your will. However, there are different ways you can plan for them in your will to make sure that your pets have a good life after you die. 2. Your debts do not die with you Any debts that you have which are outstanding when you die will need to be paid from estate funds. Once these have been paid the remainder of your estate can be distributed in accordance with the wishes expressed in your will. It is possible for an estate to be insolvent or ‘bankrupt’ if there are not enough assets to repay the debts. 3. Care Home Fees and Inheritance Tax You may not realise that a will can be used to assisting in protecting assets from being used to fund care home fees. A carefully planned will can also reduce the amount of Inheritance Tax your estate has to pay, or make your estate exempt from Inheritance Tax altogether. 4. A murderer cannot inherit from the person they have killed The forfeiture rule is a common law rule derived from public policy, which states that a person who is criminally responsible for the death of another person cannot inherit as a result of their criminal act. In other words – you cannot inherit a person’s estate if you are criminally responsible for their death. 5. Specific instructions, e.g. A Rose a day US comedian Jack Benny left a very romantic instruction in his will when he died in 1974. “Every day one long-stem red rose to be delivered to my wife for the rest of her life.” A very specific request, but there are many options that can be added to your Will for when you have passed away. 6. Gifts to charity You may not have known that any gift you make to a UK Charity in your will is free of Inheritance Tax. As well as the gift itself being tax-free, charitable gifts can also reduce the amount of Inheritance Tax that the rest of your estate will pay. If you give at least 10% of your taxable estate to charity, the Inheritance Tax rate for the rest of your estate drops from 40% to 36%. 7. A very common misconception - I don't need a Will “I don’t need to make a will because my spouse will receive everything automatically” It’s a common misconception that if you die without having a valid will, your spouse will automatically inherit all of your estate. This is not necessarily correct. If you have children and die without a will, your spouse will inherit only £250,000 of your financial assets, your possessions, jointly held assets, and only an interest in the other half of the estate. If there are no children, then the spouse will receive only the personal possessions and the first £450,000. The remainder is then halved between your spouse and the rest of the family. 8. Shocking Statistics Wills are not something people think a lot about, as these statistic show: • Around 54% of adults do not have a will • 59% parents either do not have a will or have one that is out of date 9. Your will cannot appoint someone to make decisions for you if you lose capacity A will is a document that only ever comes into force upon a person’s death. You therefore cannot grant powers or instructions to be followed while you are alive within your will. If you want to make arrangements for someone you trust to make financial and health decisions on your behalf then you should arrange a Lasting Power of Attorney to be drawn up by a solicitor. 10. A Will offers no protection The purpose of the Will is to distribute your assets according to your wishes, it does not protect any of those assets. The only way to gain protection is by considering the effects of Trusts, these can be complex, but we offer free consultations to discuss your requirements. Are you thinking of making or updating your Will? If you're unsure, it costs nothing to ask the question and find out where you stand, we offer FREE WILL REVIEWS. To find out what options are open to you, click the Request Call Back or Contact Us for a free appointment and advice for your specific situation. Or click here to book an appointment directly in my calendar . www.willadvice.org We offer free advice for your Estate Planning needs, including Wills , Lasting Power of Attorney , Trusts , Pre-Paid Funeral Plans , and Probate services . Or complete the form below to contact our specialists directly and get a FREE Estate Planning Checklist: