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| Making
A Will |
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Considering making a Will at a time of joy and happiness may seem
to many to be somewhat morbid and probably the furthest thing from
your mind. However, it is not just something that older
people should consider as it is a sad fact of life that tragedy can
happen when you least expect it. The making of a Will is in fact an
act of love and consideration. It is also a responsibility undertaken
by those who wish to spare their next of kin further pain of worry
and even hardship when they die, especially if their death is untimely
and sudden.
A Will is a legally binding deed that states what happens to a persons
property after they die. Clearly a Will does not take effect until
after a person dies, meaning that it is possible to change or replace
it with another that supersedes any previous ones. This allows for
any changes in circumstances that occur during a persons lifetime.
There are many misinterpretations as to what happens to your assets
after death and to what constitutes a legal will. The following list
highlights some of the more common misconceptions:
- A letter conveying your desires as to what is to happen to your
property on your death constitutes a legal document It
does not.
- The surviving spouse always inherits their partners estate,
which they must use for the benefit of the family This
is not so.
- Your next of kin automatically acquires your property and has
a legal duty to distribute it fairly amongst the members of your
family This is not so.
- A final request by a dying person is always enforceable
It is not.
There are two essential prerequisites for a person to make a Will,
you must be at least 18 years old and be of sound mind.
Everyone has an estate whether it be assets worth millions
or a few hundred pounds in savings and some treasured possessions
with little monetary value, but priceless in sentiment. If a person
dies without having left a Will, it can take many months before those
left behind are able to gain access to bank accounts, savings and
even life insurance. Your spouse will receive your personal possessions
up to £200,000 (subject to change) or £125,000 if you
have children (subject to change). A Will is an opportunity to make
certain that your money goes where you want it to and to keep the
taxmans share to a minimum. It also allows you to arrange guardians
for any children.
Besides peace of mind there are plenty of other reasons for making
a Will:
- It will avoid family conflict. Not making a Will can often lead
to disputes and bitterness between loved ones when it comes to
sharing out your estate.
- A Will allows you to choose who will best deal with your wishes
after death. If you have not appointed executors, the courts,
according to statutory rules, will decide who will act in this
capacity. They will normally be people who stand to inherit your
estate under the intestacy rules.
- You can also appoint guardians for children under the age of
18. Guardianship is a particularly important consideration if
you are the only surviving parent of young children. The Childrens
Act 1989 states that if you have not appointed guardians for children
under the age of 18, the courts will do it for you.
- You can make clear what you want regarding funeral arrangements
and the final disposal of your body.
- Making a Will is the only way you can ensure that your estate
goes where you want it to without paying more tax than you absolutely
have to. If the value of a joint estate is more than £500,000
you will definitely benefit from taking Inheritance Tax saving
actions.
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