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Last Will and Testament

A Will is an important document that outlines your wishes on death. It guides your Executors on how you want your estate distributed If you die without a Will, the rules of Intestacy apply and these may not pass the assets to where you would want. A standard Will passes the estate absolutely to your beneficiaries. This means that the funds sit within their estate and unfortunately, can be attacked throughout their life. This can include things such as divorce and future inheritance tax. Whilst we would always recommend the consideration of Trusts to stop these problems, It's better to have a Will than not.

Lasting Powers of Attorney

If you do not have a Lasting Power of Attorney (LPA) in place, your trusted people will have to apply to the Office of the Public Guardian to get the power to run your estate. There is no guarantee that this would happen and it can take many many months to get the required agreement. Even then, that person is a Deputy and is guided by the courts and needs to ask for permission whenever carrying out financial transactions or health care. A (LPA), allows someone to help run your estate should you become incapacitated or need help running your finances. A LPA is a document in UK law that allows family, or friends, to take charge of your affairs if you are not able to do so.​ They can look after your money, pay bills, talk to utility companies, amongst other things. This is a Financial Affairs Power of Attorney They can also look after your health, such as making decisions when in hospital or for your care. This is a Health and Wellbeing Power of Attorney.​

Trusts

Trusts have been around for hundreds of years and were originally designed to protect land owners. Over the years they have developed hugely and now offer everyone protection for their estates. When we make a standard Will, the assets pass absolutely to the benificiaries and could be open to attack. Many things can happen, such as your children divorcing later in life. This would allow an ex-spouse to have access to the inheritance you left your children. Your beneficiaries could have debts of their own and the creditors could take any funds that you leave behind. Another key point is that as you pass the funds directly, it will form part of the beneficiaries estate on their death. Your legacy could then be subject to Inheritance Tax, which could potentially be the second time after your own death. Care fees is an area that is highly important to a lot of people and can mean that someones estate is effectively lost, even before death. The local authority will asses your income, savings and property, and take the majority if your estate has no protection. All of these issues can be resolved by organising a correct Will with appropriate Trusts. They are an essential part of legacy planning and the benefits are far reaching. Our most popular Trust is a Discretionary Trust.

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