Legal Will Writers.com for UK Expats

Making Your Will.......some important decisions

Having taken the decision to make a Will, maybe for the first time, there are a few points you should consider before giving your instructions.

As professional Will Writers, our job is to take your instructions and translate these into your Will, creating a document that accurately reflects your wishes.

The Will needs to be understood by your executors and most importantly as this document establishes the authority and standing of the executors. Normally the court will not issue it until the executors have paid any Inheritance Tax due.

In England and Wales they do this by applying for a grant of probate to the High Court through the local Probate Registry.

This is done to ensure that it is proved quickly (in Scotland the executors apply to the court for confirmation) to minimise any problems that may occur, causing delays and possible hardship for your loved ones.

There are some important questions which your need to consider before our meeting. By having many of the answers available it will leave more time to discuss the other important issue which may arise during the consultation.

A Will can only be made by an individual (testator) who has the requiste capacity to do so. The term capacity has two main meanings.

• Being of full age which is over the age of 12 in Scotland but usually an adult
• Being mentally capable of understanding the nature of the document they are making i.e. being of sound mind

1. THE APPOINTMENT OF EXECUTORS

You do not need to appoint other ´professionals´ to act as an executor or trustee of your estate, unless there is a likelihood of a complex Trust arising. Professional executors will charge your estate to act, and in many cases, for duties that a layperson could have done.

For most people it is better to appoint a member of your family, a prime beneficiary or close personal friend to act, and beware of banks and solicitors who seek to include a clause in your Will that appoints them as an executor usually for fees and a percentage of your estate which can rob your heirs of many thousands of pounds. Legal Will Writers believe this practice is unethical and we never include ourselves as executors on principal.

• Some wills sold by banks include onerous terms and conditions that leave grieving families thousands of pounds out of pocket
• Money Mail revealed that up to 1.5m people have been sold rip-off wills by banks
• Families have begun trawling through the small print of their contracts and say they have discovered huge charges they knew nothing about 

Remember : An Executor Can also be a Beneficiary

If you need to appoint a professional executor,you should consider appointing a non profit making Trust Corporation rather than a solicitor, or a Chartered accountant or to act on your behalf. We will be able to advise you on the best one in your circumstances and give a guide to the fees they are likely to charge.

2. APPOINTMENT OF GUARDIANS

Only if you have minor children (under the age of 16 in Scotland) will you need guardians.

It may be helpful to make at least one guardian a joint executor, they do have a right to money from your estate to help towards the cost of bringing up your children. If you wish to restrict the amount to which they are entitled, it may be wise to leave the money in Trust, again we will be able to advise you on the suitability of such a scheme. One should always remember though that Trusts sometimes can be expensive to administer over a long period.

If you have disabled children who are likely to require specialist care either at home or in the care of the local authority, a trust will be required to ensure that adequate funds are available for their future. There are several Trust Corporations run by charities that can help,again we can give you individual advise in these circumstances.

3. PROPERTY

How you hold your property will determine how it passes on your death. In England & Wales as 'Joint Tenants' your share will pass to the survivor automatically and cannot pass by your Will. In Scotland the spouse has 'prior rights' to a portion of the estate but they do not automatically inherit it all. If the deceased person has left a Will, then the 'prior rights' are not applicable.

If you wish to pass your 'interest' in the property to your children or others, you should hold your property as 'Tenants in Common'. We can advise you how this can be done; by holding your property as tenants in common you are free to dispose of your individual share via your Will and to whom you wish.

'Severing a joint tenancy' as it is called can protect part of your estate from the unforeseen, such as protecting your share of your estate should your spouse or partner marry or remarry after your death, or should you or your spouse or partner go into full time residential care.

4. OTHER CONSIDERATIONS