Anyone that fits into the following criteria:
- A person that is married or has a partner
- A property owner or someone that has other assets
- A person who has children (especially if from a previous relationship)
- A person who has grandchildren
- Someone that wants to decide who inherits from them and not have the decisions left to the rules of intestacy.
The general rule of thumb is to review your will every 4 to 5 years, or when there has been a change of circumstances (ie. a birth, death, marriage, retirement, receipt of inheritance).
Yes, if you have a jointly owned property, and it is owned as “tenants in common”. You can then put your share of the property into a trust for your children to protect against care home fees.
The duties include:
- Making the funeral arrangements
- Applying for probate
- Ensuring any inheritance tax is paid
- Administering the estate
Without a will there is no guarantee that your spouse will inherit everything. When there is no will in place, the rules of intestacy apply.
Yes, it can. The Hotchpot Clause can be included in your will, which takes into account any gifts or loans made to each beneficiary, from the testator, during their lifetime. For example, if the deceased has three children and one has received a significant lump sum in previous years, the amount of this sum is deducted from their inheritance and distributed to the remaining two.
Yes, certain people, including the deceased’s children are able to contest a will under the Inheritance (Provision for Family and Dependants) Act 1975.
Others that are able to contest a will are:
- Spouse or civil partner
- Former spouse, or civil partner who has not been married
- A dependant
- A cohabitee (within 2 years of the passing)
Yes, if you die first your husband will able to change his will.
No, If you have debts when you pass away, these should be paid for from your estate, before any money is distributed to the beneficiaries. If, however, there is not enough money in the estate to cover any outstanding monies owed, they do not become someone else’s responsibility.
The only exception to this would be when there is a loan or credit card in joint names.
You must be 18 or over and have mental capacity. It is something which should be considered sooner rather than later. We could all find ourselves in a position where we have lost capacity. This could be due to a serious accident, a stroke, or perhaps a degenerative disease such as dementia.
If this happens, a family member (even a spouse) does not have the automatic authority to make decisions on your behalf. Having a Lasting Power of Attorney in place gives your attorneys that power.
No, there are two types of Lasting Power of Attorney as follows:
- Property and Financial Affairs
- Health and Welfare
No, you can have different attorneys for Property and Financial Affairs and for Health and Welfare.
Andrew is very knowledgeable regarding estate planning. He took both my husband and myself through each option of the different type of wills which was really helpful as my husband had children from a previous marriage and we needed to protect some of my husbands money for them. He was friendly, approachable, professional and really helpful. When we suddenly thought of changes we needed to make, nothing was too much trouble. His total focus was on producing wills that worked for us. Would highly recommend him.
Andrew helped my husband with our wills, he was very professional and fully explained every detail nothing was too much trouble. He also helped with our Power of Attorneys. Andrew has a very pleasant manner and is very punctual with appointments. I would most certainly recommend him. The whole experience was good!
We recently got Andrew to re new my mothers will we were very pleased with the service he provided and appreciated the journey to make sure it was signed and sealed would use him again and recommend his services.
Andrew was understanding, professional, courteous and punctual. Happy to recommend him.