12 days of Will writing

Come January 2021, many of us will make the time to set new year resolutions to lose weight, give up alcohol or even run a marathon but did you know that less than 25% of people stay committed to these resolutions and only 8% of us go on to accomplish them.

So this year, why not make a resolution you can actually stick to. One that will help to protect not just your future but also that of your loved ones – MAKE A WILL. Here we set out our 12 days of Will writing to explain why.

On the 1st Day of Will Writing: Set out your funeral wishes

An often-overlooked element of making a Will is stating funeral wishes. Having your wishes stated clearly in your Will can save your family and friends second-guessing what you really did want.  Sadly, there are many real-life cases of disputes over funerals, burials, gravestones and even how ashes are divided up. 

Funeral wishes can include whether you wish to be buried or cremated, donating your body to medical science, any religious preferences, what type of service you would like whether you would like donations to a charity or even if you want the people attending to wear a certain colour!

If you have a pre-paid funeral plan, you can still state your funeral wishes by stating you have a funeral plan in your Will and where the funeral plan is held.  This will then enable your family or executors to contact the funeral directors as required and put your wishes into action.

On the 2nd Day of Will Writing: Name your children’s guardian

One of the most precious things in your life is your children and you want to ensure they are well looked after. 

When the children are young, you might think you don’t have a lot of assets to consider it worthwhile making a Will.  You might not even want to think about what could happen should you die when the children are young.  You might have taken out life insurance to pay off the mortgage if anything happens so the children have a home, but who would look after the children if you were not around?

It is vital to appoint guardians in your Will who will make the important decisions in your child’s life. You have the choice as to who looks after the children, rather than potentially the Court making that decision and appointing someone you may not wish to look after your children. 

On the 3rd Day of Will Writing: Beware of home-made Wills

It can be tempting to make a home-made Will to save time and money but making a home-made Will can be a false economy.

The person making the Will may not read and understand the instructions.  The Will may be witnessed incorrectly or not dispose of all the assets in the estate.  

A badly drafted Will can have far-reaching consequences, not just from a financial point of view.  The collateral damage and fall out caused to the family and friends left behind can be enormous, being the additional time, expense, and emotional distress, which could easily have been avoided. 

With a professionally drafted Will, you can be certain that the person advising you is appropriately qualified, will give you the advice relevant to you and, most importantly, is insured if things go wrong.

On the 4th Day of Will Writing: Ensure your children/stepchildren are provided for financially

Sometimes it can just feel too difficult to even think about making a Will as life may just feel too complicated.

The family may have a mixture of children and stepchildren due to marriage and re-marriages. 

Although the children and stepchildren may all be thought of as ‘children’ and treated the same by the parent and step-parent, they are considered very differently in respect of Wills.  When making a Will, careful consideration needs to be given as to who is to be included or excluded and who is covered by what definitions in the Will.  This also extends to grandchildren and step-grandchildren.   

If the deceased has not made a Will, then the Intestacy Rules will apply.  If the deceased is survived by children and stepchildren, then only the deceased’s blood children will inherit.  It does not matter if the deceased considered their stepchildren as their children.

On the 5th Day of Will Writing: Protect your partner if you’re unmarried

If you die without leaving a will, the ‘rules of intestacy’ apply. This means that your blood relations will be the beneficiaries of your estate.  However, if you die and you have a partner that you are not married to, then your partner has no automatic right to inherit anything under the intestacy rules.  Remember, common law marriage does not exist in English law. 

It is therefore vitally important that you make a will to protect your partner and ensure that they will benefit from your estate.

On the 6th Day of Will Writing: Safeguard your family home

When making a will a lot of couples like to keep things straightforward. Often, they want to just leave everything to their surviving spouse or partner. What a lot of people don’t consider is after the first person has died, the surviving partner may then change their own will. They could choose to leave their estate, which includes the assets from the first person who died, to a new partner rather than the children.  It is so important to consider this when making wills.

A life interest property trust in your will is one good way to avoid this situation, as this can ensure that your share of the family home will go into trust for your children, rather than directly to your spouse or partner, whilst also ensuring that your surviving spouse can continue to live there.

On the 7th Day of Will Writing: Head off family disputes

It is so important to carefully consider who should inherit your estate when you die. This is even more so important if your family circumstances or assets are complex, for example if you or your partner have children from previous relationships.

If you don’t have a will, the intestacy rules will apply which may create unwanted results on your death. This could cause costly disputes amongst family members and, by far, the best way to give effect to your wishes is by putting in place a valid Will to avoid such disputes.

On the 8th Day of Will Writing: Avoid paying more inheritance tax than you need to

Inheritance tax can be a huge liability to a deceased’s estate which means less inheritance for your loved ones. The current inheritance tax allowance for an individual is £325,000 and anything over and above that amount is taxed at 40%. 

There are ways to structure and plan your affairs to reduce the inheritance tax liability on your death and additional allowances may be available to you, depending on your circumstances. When making a will we can advise on making the most of inheritance tax rates and allowances including the relatively new residence nil rate band rules, taking advantage of the seven year rules, setting up trusts and more.

On the 9th Day of Will Writing: Protect you if you’re recently married

A lot of people don’t know that marriage automatically revokes any earlier wills (although a will can be made ‘in contemplation of marriage’ so that it isn’t revoked).  We would strongly advise married couples and civil partners to write a Will. 

Making a will is a reliable way to make sure that your new spouse is provided for.  Contrary to popular belief, the Intestacy Rules may not mean that everything automatically passes to your spouse when you die. 

There are also rules about how divorce affects a Will, so it is important to take legal advice whenever you have an important life change. 

On the 10th Day of Will Writing: Say who you want to look after your pets

Your pets are part of your family and, when you die, you should think about what will happen to them. This is even more important if you don’t have close family or if your pet is unusual. 

The law in England means that it is not possible to leave a gift direct to your pet (despite the stories about wealthy widows leaving their whole estate to their cat!).  However, you can gift your pets to another person, or you can request that an animal charity looks after them instead.  You could also leave your chosen beneficiary a cash gift to cover some of the costs of looking after your pet but, if you do this, you must be careful to word the gift correctly so that they only receive the cash if they agree to look after your pet.

Lots of charities will look after or rehome pets, such as the Cinnamon Trust and the Dogs Trust under their Canine Care Card Scheme. 

On the 11th Day of Will Writing: Protect your digital assets

Ownership of digital assets is complicated – sometimes the asset belongs to you and other times you only have a licence to access or use something.  It all depends on the terms and conditions of the service/site. 

If the assets are owned by you, then they may have some value which means that they can be gifted in your will.  It is therefore important to leave instructions to your executors in your will about what should happen to these assets when you die. 

Since your digital content may actually be owned by the online service provider, you should also back up your digital assets by, for example, storing your photos on a disc or printing hard copies.

On the 12th Day of Will Writing: Support a charity

Using your Will to support a charity is a great way to leave a positive legacy for the future.  Legacies make up a huge part of a charity’s funding and in enabling them to continue their work.  Even small legacies add up and can make a huge difference. 

There are also tax advantages to giving money to charity.  Depending on how much of your estate you leave to charity, it can reduce the amount of Inheritance Tax that has to be paid so your beneficiaries get the most from your estate. 

So go on, ensure you keep to just one new year’s resolution in 2021 and contact our expert team to arrange a no-obligation telephone, skype or zoom appointment to discuss your Will on 0191 567 0465 or email us at: [email protected]

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