Posts tagged: Will

Jul 19 2010

Over a year from first contact to signing!

Many people put off making a will because they can.

Those who make the decision to get a Will sometimes take a long time to actually do ‘the deed’ as well. In one case, I had first contact with a particular client and an appointment made which had to be cancelled. For one thing and another – mainly because they were too busy – the appointment was not reset until about 8 months later. Then it took another 7 weeks to deal with the draft will and then another 10 weeks to get the signing (attestation) sorted out.

In all it was over a year, which is a record for me.

I suppose a lot could have happened in that intervening year of delay a.k.a. an extra year of potential intestacy and lack of guardians appointed – just saying!

Jun 29 2010

Has your Financial Advisor told you to do your Will?

If you use a Financial Advisor (IFA) you normally have to let them know a lot about your financial circumstances.  They need this information to help give you the best advice. During the fact find about your circumstances an IFA is required to ask if you have a Will and when was it last reviewed. This is important as having a Will is a fundamental part of financial planning.  As the meerkat would say “Simples”!

If you were pointed in the direction of a Will Writer or solicitor did the IFA know who you were actually going to get to see you.

It surprises me that in some cases they do not know who will come to see. what can happen is that your details are sent to a company and someone ‘local’ contacts you to make an appointment about making your Will. Pot luck sometimes.

Have a look at this forum post on Cash Questions to see what can happen How many personal details should we disclose to a will-writing company?

Jun 25 2010

Dubai Wills coming soon

This new offering from Lawscape is very close to being launched. I can’t believe how much effort was involved behind the scenes getting this ready.

However it is not brilliant timing as most of my potential clients, namely English & welsh Ex-Pats will be leaving the UAE any day now for the summer break, right through to the end of August or early September. Hey Ho.

Jan 29 2010

New Year New Will ?

This has been a busy period for me as more people have made enquiries than normal. I think it is the New Year resolution ‘thing’.

 I would agree that the New Year is a good time to write your Will. So is February.

 Anytime soon is the absolute best time to do it though.  So don’t put it off any longer!

Sep 29 2009

Joint tenancy can defeat inheritance even if you have a Will

This is a bold statement to make but there are two good examples I can cite.

Picture two elderly parents who own their property as joint tenants.  When one dies the survivor will be the sole owner of the property.  If the surviving parent goes into care then the value of the property, save the exemption allowance of £14,000, can be taken into account to pay the fees.

A second example is when a parent remarries and buys a property jointly with their new spouse.  If your parent dies first the property is then solely owned by the surviving spouse (step-parent).

So in both cases the fact of joint tenancy brings about a less favourable postion for the potentail family beneficiaries than can be achieved with proper planning.

The simple answer is to sever the tenancy to make the parents tenants-in-common. Then make a Will including a life-interest trust which can leave the surving spouse the full use of the property during their lifetime but allows that shsre to go to the benficiaries after death.  This is a good result all around and simple enough to arrange.

If you would like to find out more, make a Will or if you want to arrange a visit please call Bill Ryan on 01225 582 582 or 07942 95 95 99. Alternatively use the contact page and you will be called back shortly.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

Sep 10 2009

BBC Radio 3 Counties “Inheritance Is It Worth The Hassle”

I was invited to contribute to the Jonathon Vernon-Smith radio show on BBC 3 Counties today. 

 The format is a phone in show with the public sending emails and texts to add to the flow.  The topic was “Inheritance,  Is It Worth The Hassle?” 

There were a number of very interesting contributions before I joined in.  A central theme was whether being disinherited or given a small inheritance in a Will than was expected, can lead to feelings of rejection as well as simply ‘missing’ the money.

There were good examples of family feuds and breakdowns caused by unexpected distributions in a Will. There was one particular contribution citing a parent constantly threatening to disinherit children if they didn’t pay repair bills etc.

It was a very interesting programme and one I enjoyed being involved in.  It really can be a very difficult area if not dealt with properly.

Sep 02 2009

What is Probate?

‘Probate’ is a term used when talking about applying for the right to deal with a deceased person’s affairs. It’s sometimes called ‘administering the estate’.

If the person who has died leaves a Will

Normally executors named in the Will deal with the person’s affairs after their death.

An executor applies for a ‘grant of probate’ from the probate registry.  The ‘grant’ is a legal document that confirms that the executor has the authority to deal with the deceased person’s assets etc. 

Typically it is used to access funds, sort out finances, to collect and to share out the deceased person’s assets in accordance with the terms of the Will.

If the person who has died didn’t leave a Will

If there is no Will, a close relative of the deceased can apply to the probate registry to deal with the estate.

The application is then for a ‘grant of letters of administration’.  If the grant is given, they are known as ‘administrators’ of the estate.

Just like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.

Is it difficult?

The amount of work required to complete Probate depends on the complexity, the types of assets, and legal or tax complications.  There is also a heavy legal responsibility placed on an executor to distribute the estate properly. This can be an onerous responsibility.

It may be desirable to use a professional to deal with probate if the estate is complex or if there is nobody suitable to carry out the role.  Sometimes a professional is employed to avoid making choices between siblings!

If you would like to find out more about our Probate service, making a Will, getting a Will review or if you want to arrange a visit please call Bill Ryan on 01225 582 582 or 07942 95 95 99. Alternatively use the contact page and you will be called back shortly.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

Aug 11 2009

300,000 die each year without a will

I was watching Heir Hunters again. The programme starts with the powerful statement that 300,000 people a year die in the Britain without a Will.

This is a BBC programme about a firm of ‘Heir Hunters’ called Fraser & Fraser. They start by searching the weekly Bona Vacantia list of persons who die intestate and without known kin.

The Treasury Solicitor provides the list as it is the body responsible for the administration of these estates.

What is astounding is the sheer volume of people who do not make Wills. Programmes like this serve to highlight the issue of intestacy, which judging by the success of Fraser & Fraser is a enduring state of affairs.

From time to time there are surprising results. Not just distant unknown relatives inheriting tidy sums. Several times estranged and very unpopular close relatives found new weath dropping in their laps, which they surely never would have benefitted from if there had been a Will in place.

It certainly is the case that some people make their Wills driven by a concern of ensuring a particular brother or sister can’t inherit, which might happen if they died intestate.

If you would like to find out more about making a Will, or a Will review or if you want to arrange a visit please call Bill Ryan on 01225 582 582 or 07942 95 95 99. Alternatively use the contact page and you will be called back shortly.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

Aug 03 2009

Delivering peace of mind

A Will has a lot in common with life insurance. When you make a Will you know that you will not benefit from it yourself.

Most people believe it is the right and proper thing to do because it provides a better outcome for the loved ones ‘left behind’.

Yet surprisingly over 60% of adults in the UK die without ever making a Will.

For some reason so many people believe it is a sensible and useful thing to do but never actually get around to doing it!

But why is that?

Is it the cost? Is is the bother? Is it some fear of discussing the end of one’s life?

If you engage with the right professional you can have your own Will drawn up easily, conveniently and affordably. Ask yourself this, will you gain peace of mind by gambling on a cheap DIY solution. If you make one mistake the whole thing could be invalid. Will you be able to deal with more complex issues like sheltering your estate from Care Home fees, or ensuring your children will have an inheritance, come what may?

Just ask me for a start! Let’s get together and I will help deliver peace of mind to you.

If you would like know more about how to make your will or to arrange a free no obligation consultation you can call  01225 582 582 or 07942 95 95 99 or use the contact page and we will call you back.

Jul 25 2009

Make the right will – expats in Dubai take care!

Many British people spend lengthy periods living and working abroad. They form ‘expat’ communities in many parts of the world. One increasingly popular destination is Dubai in the United Arab Emirates (UAE).

So if you are living in Dubai, for example, do you know what happens there if you die intestate? Are you confident that your estate will not be dealt with by Sharia Law?

Just as in the UK you are wise to have will in place. In Dubai you may may that not having a will and not planning for the event could have very serious consequences, especially for women.

Be careful how you go about having a ‘local’ will in Dubai, as the Probate court may interpret this as a request to be dealt with by Sharia law. If it is only dealing with property owned in Dubai and you have another will for your assets in the UK that could be the best course of action. It all depends on your circumstances.

Sharia Law favours distribution of the estate to male children and smaller amounts pass to a female spouse and female children.

As always take good advice and make the right will. Especially if you live in places like the UAE.

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