Preparing your affairs
It’s advisable for you to sort out your finances and make a Will in case anything should happen to you. This will save your surviving relatives additional distress if and when you die and make sure that your money, property and possessions are shared out as you want. Below you will find a summary on what the purposes of a Will are and why you should make one. To find out what type of Will you need and to access our documents to make a Will, click on the links in the left-hand side of the page.
Choosing a Will
A Will is a written declaration setting out the way in which a person's property, assets and wealth is to pass on their death. It can also appoint a guardian for any children you may have who are under the age of 18 and appoint one or more executors, who carry out the instructions in your Will. Die without a Will, and the state decides who gets what, without regard to your wishes or your heirs' needs.
Why you need a Will
It is important to make a Will because:
- If you die without a Will, there are certain rules that dictate how the money, property or possessions should be allocated. This may not be the way that you would have wished your money and possessions to be distributed
- Unmarried couples and gay couples who have not registered a civil partnership cannot inherit from each other unless there is a Will, so the death of one partner may create serious financial problems for the remaining partner if there isn’t one
- If you have children, you will need to make a Will so that arrangements for the children can be made if you die
- It may be possible to reduce the amount of tax payable on the inheritance if advice is taken in advance and a Will is made
- If your circumstances have changed, it is important that you make a Will to ensure that your money and possessions are distributed according to your wishes. For example, if you have separated and your ex-partner now lives with someone else, you may want to change your Will. If you are married or enter into a registered civil partnership, this will make any previous Will you have made invalid.
Having a Will is the only way to be sure that your estate is dealt with according to your wishes when you die. Without a Will, your assets may end up being distributed by prescribed regulations (intestacy laws). It is not the case, as many assume, that if a husband or wife dies their estate automatically passes to their spouse. In fact, a substantial amount may go to other relatives.
A Will ensures therefore that your estate is distributed as YOU would like it to be, and that your loved ones are properly provided for. It will also ensure that the people you leave your estate to do not have to pay more tax than absolutely necessary. If you are not married or in a civil partnership, it is even more important that you make a Will, particularly if you have a partner and/or children to whom you wish to leave many or all of your assets.
Most people put off making a Will until it is too late, thinking that it is too complex or expensive. With our service that is not the case - it is simple and inexpensive.
Basic features of a Will General - A Will must give away all of the testator’s property – it is important that nothing is left out. (‘Testator’ is the term used to describe the person who has created the Will.)
- A testator has a lot of freedom under a Will to give property to whosoever he/she chooses – but the testator does not have total freedom. He/she must ensure that his dependants are cared for – if he/she has any dependants.
- A Will can specify how your body is to be treated, whether it is buried or cremated.
Inheritance Tax - If when a person dies they have less than £300,000 worth of property then no Inheritance Tax is payable on their estate
- If when a person dies they have more than £300,000 worth of property then Inheritance Tax is payable at 40% on the excess over £300,000.
- If you leave property to your spouse or civil partner, it is exempt from Inheritance Tax.
- Normally the Inheritance Tax will be paid out of the residuary estate – the remainder of the estate after everything else has been given away. But there are ways to sharing the tax burden on those receiving the residuary estate (who are often the testator’s children) so that those in most need benefit most, You should read our article on Inheritance Tax for more information on this.
Gifts - Gifts to UK political parties and to UK registered charities are exempt from Inheritance Tax
- A Will can care for pets – many people are very concerned about the welfare of their pets after they die.
- If a gift is left to a person under the age of 18, there are a number of options in Wills to leave the gift in ‘trust’ until the minor comes of age.
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