Making a Will is the only way to ensure that your wishes are carried out after your death. If you haven’t made a Will, your property and possessions will pass according to the complicated Law of Intestacy.
This may not be what you would have wished. In any event it is likely to take longer to finalise than if you had made a Will.
During this time your beneficiaries may not be able to draw any money from your estate, and it can mean arguments and distress for relatives.
Making a Will lets your loved ones know that you cared enough to ‘sort things out’ in advance.
Reasons For MakingA Will
SINGLE - If you are a single person, you may want your estate divided amongst friends, relatives and charities of your choosing, and in the proportions you want.
MARRIED - If you are married, don’t assume ‘my other half will get everything’. Brothers and sisters or parents may have a claim. Often your children have a right to part of your estate. If you are living as a couple but not officially married, you may be treated as a single person and a surviving partner may get nothing at all. One thing you can be certain of – there will be argument and dispute at a time when the family should be coping with the loss of a loved one.
PARENT - If you are a parent, you should consider who would look after your children in the event of your death. This is particularly important in the case of one parent families or unmarried parents living together. A valid Will nominating guardians is invaluable in such cases. If no one knows what you would have wanted, the Court will decide on the future of your children, and it may not be what you would have wished.
RETIRED - If you are retired, maybe you made a Will a long time ago. It probably needs updating to include additional grandchildren or deletion of persons you no longer feel you wish to leave anything to.
A Will brings security, reassurance and above all peace of mind, not just for you, but for all those who depend on you, either now or in the future.
Making a standard Will lets you decide:
Who to leave your possessions to, and in what proportions.
The naming of the people who YOU want to care for your children (up to 18) if you are not around.
Who will carry out your wishes and manage your estate.
Who to exclude from your Will, if you so wish.
Most of us wish for our possessions, savings and home to be passed down to our family and loved ones, in the order that we wish.
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Are You A Home Owner?
Are you worried or concerned about losing your house to pay for Residential and Nursing Care?
Under the terms of the Community Care Act (2015), if you have assets of over £23,250, including the value of your home, you will have to pay for all your Residential Care Fees. These fees are typically £450 - £900 per week, and as the average stay is 5 years, it may not take long use up your savings and possessions.
You Can Do Something About This, To Help Protect Your Family And Your Home
Most couples own property as beneficial joint owners. If anything happens to either one the property will pass to the survivor, which means the survivor will own the entire property.
What if the survivor was to re-marry or live with someone else, the property may well end up with the new spouse or partner and your children may lose out.
However, a Property Trust in both your Wills allows your children to own at least 50% of the property.
An additional benefit of taking this action is that half the value of your home may not be classed as an asset if the survivor is assessed for Residential and Nursing Care fees because your children will own it.
Such Trusts provide for the full use of the property for the survivor during his/her lifetime, and the flexibility of selling or moving house if required.
It is essential that you ACT now, whilst you are still well and able.
Contact us for further information on 01367 250289