How To Help Secure
Your Loved One's
Inheritance
12
Valuable Tips
from our experts
Why it is important to make your Will Now
We all want to live a long and happy life and whilst we don't want to think about it,
we do know that one day our time on this planet will come to its natural end through
old age, or even unexpectedly through accident or illness.
Throughout our life’s journey, we see the value and importance of protecting our
assets, our income, and even our lives. Yet, when it comes to planning for what
happens to everything we have worked for all our lives when we are gone, we can be
a bit prone to procrastination, putting it off and, sometimes, even leaving it too late.
“One million people lost part of their inheritance to others,
all because there was no Will”
National Consumer Council report on Wills
You could leave it all to chance and let the strict government Rules of Intestacy
decide what happens to everything you have worked for all your life…or you can let
Secure Inheritance Legal Services help you ensure it goes to the loved ones that
you choose, and not to “unintended” others.
Your family will be glad you made the "Right" Will for them
Here at Secure Inheritance Legal Services we don’t just “do” Wills, we get to know
what is important to you and the outcome that you want for your family.
Experts in Wills, Trusts and Estate Planning, our legal team then set about creating
the “Right” Will and planning strategy for you to help ensure your loved ones inherit
in the way you want in total accordance with your wishes... so that you can get on
with living your life with full peace of mind.
Over the years our dedicated team has helped thousands of families make it easier to
secure their children's inheritance and we will be delighted to do the same for you and
your family.
We can visit you at your home or via Zoom, Facetime or Phone.
Call
us today and let
us
help
you secure
Your
family's
inheritance
Secure your loved one's inheritance
more easily and effectively
Call 07572
464 385 www.secureinheritance.co.uk
People you wanted to inherit may not.
Others you didn’t want to inherit may do
so. Others may inherit more or less than
you wanted them to inherit. There is no
clear certainty for anybody left behind.
Some people may be happy, some others
disappointed which could lead to family
tensions and disputes. Leaving things to
chance is probably not ideal.
With the “Right” Will and Professional Planning
you can help ensure loved ones inherit as per your wishes
1
Without A Will - Government Rules
decide who inherits what
With A Basic Will – You can have a say
in who inherits what.
This gives much more certainty as your
chosen loved ones are named in your Will.
A basic Will is much better than having no
Will, but it has limitations in that it cannot
offer flexibility or protection to your
beneficiaries or estate. If any claims are
made then, after all the claims are
deducted, this may reduce what's left to
go to those named in your Will.
The "Right" Will for you is tailored to meet your family’s personal needs and your
wishes. It can help ensure that as much as possible of everything you have worked hard for
all your life goes to those you have chosen and not to “unintended” others such as care
authorities, tax departments, future spouses and their children, and, in some cases, even a
potential ex-daughter or son-in-law. (See valuable tip numbers 2, 3 and 4).
Why your family will be really glad you made the “Right” Will
When our life comes to its natural end, or in some cases unexpectedly early through
accident or sudden illness, then everything we have (our Estate) is now going to go to
others (your Beneficiaries). But to who exactly, and in what way?
Valuable
Tip
You have probably worked hard all your life for everything you have
Why leave it all to chance when you can leave it to those you love
www.secureinheritance.co.uk
Your house is more than just bricks and mortar
Valuable
Tip
Help
prevent
and
manage
unnecessary
potential
loss
of
your
home
to
future
care
fees
It is estimated that between 40,000 and 70,000 people a year are forced
to sell their homes to pay for nursing care fees
2
With A Basic Will –
you say who you want
to inherit your home
The Right Will and
appropriate planning
Whilst this gives some certainty of who
inherits, a basic Will cannot offer any
protection and your home may still be
100% vulnerable to care fee means-
testing. This could significantly reduce
the inheritance value your loved ones
ultimately receive.
With the right Will and suitable planning
strategies, it is possible to reduce your
home's vulnerability to the impact of
care fees. This has the potential to help
ensure that your children's inheritance
is better protected should the surviving
spouse ever go in to care in the future.
Despite numerous government promises over the years, thousands of people are still
being forced to sell their homes to pay for their care fees. Should you ever need long-term
care in the future, this could significantly affect the inheritance your children receive.
Your house is likely to be the most valuable asset you have and you probably want to
see it ultimately pass down to your children. But also, your house is not just "a house"...
it is your home , the place you raised your children , perhaps where your grandchildren
come to visit and stay with you. Your home is full of memories and you may want a choice
about what happens to your home rather than authorities determining the outcome.
Under current Care means testing rules it is possible for your
children to be left with as little as £14,500 to inherit.
mailplus.co.uk 23rd November 2021
www.secureinheritance.co.uk
You may not want that inheritance to go to others
Valuable
Tip
3
How "divorce" could impact your children's inheritance
...even if You are Not divorced
If you are divorced and a financial settlement has taken place then it is highly unlikely
your divorced spouse can make any claim to your estate when you die. However, if you are
separated BUT not divorced, your “separated” spouse could make a claim on your estate.
"I have never been divorced or separated so
how could this apply to me and my children's inheritance?
Indirectly, “divorce” could impact the
inheritance you leave to your child.
Your ex- daughter/son -in-law end up
with part of your child's inheritance
You leave an inheritance such as your
house, savings or both to your adult son
(or daughter). Sometime after receiving
that inheritance your son and his wife
get divorced, it could even be his wife
who instigates the divorce leaving your
son devastated.
The inheritance you left your son could
become part of the divorce settlement,
which means your now ex-daughter-in-
law could benefit from the inheritance
you left your son. This may be a bitter pill
to swallow for your son and could create
ongoing tensions for some years.
Leaving an inheritance "directly" to your adult child can make it a potential target for
claims such as a divorce settlement or other unexpected creditors. An unprotected
inheritance gifted from your estate means that the value of that inheritance is owned 100%
by your adult child. Any potential claim against them by divorce lawyers or from any other
creditors could see that inheritance as a legitimate target.
If your adult child got divorced, part of the inheritance you left them
could end up going to your ex son/daughter-in-law
www.secureinheritance.co.uk
Valuable
Tip
4
Second marriage could put your children's inheritance at risk
People get divorced and a significant number of them marry again, some more than once.
“Around 40% of all weddings in the UK are second or subsequent marriages (and that
doesn't take into account cohabitations).” The Guardian
Divorce does NOT
invalidate your Will
Second Marriage DOES
invalidate your Will
If a couple gets divorced and a settlement
takes place then the ex-spouse is no
longer deemed a beneficiary of the other
spouse's Will (unless the other spouse still
wants them to be). The Will is still valid in
respect to all other named beneficiaries
which are often their children.
A divorced spouse may well choose to get
married again. In many cases, they will
bring children and assets from the first
marriage. In a second marriage, this often
results in a "blended family". This second
Marriage now automatically invalidates
any prior Wills.
How and why YOUR children's inheritance
can be at risk in a second marriage
If there’s no new Will, ultimately, the new second spouse will inherit all the "goods and
chattels" and the first £270,000 of the estate... the children receive part of whatever is left.
If there is a basic Will. Typically, when the first spouse dies the surviving spouse inherits
everything. When the second spouse dies, children inherit as per the wishes of each spouse.
However, if the surviving spouse decided to change his/her Will, (perhaps as a result of
a falling out with their stepchildren), the surviving spouse could end up leaving everything to
THEIR own children which means YOUR children could end up with little or nothing.
Second marriage can be a wonderful experience for many, but just
assuming your children will inherit can leave them at risk of loss
www.secureinheritance.co.uk
Without a Will your unmarried partner faces uncertainty
Valuable
Tip
You are living together in an “unmarried partnership”. When the first partner dies, you
may assume that the surviving partner will inherit all the deceased partner's assets. But
this is not necessarily the case. if there is no civil partnership and there's NO WILL, then
only joint assets will pass to the surviving partner. Any assets that are solely in the name
of the deceased partner will NOT automatically pass to the surviving partner.
5
Your "unmarried" partner's inheritance
may be at serious risk
Your unmarried partner is
NOT your legal next of kin
And, if there are no children
In an unmarried partnership, your partner
is not legally deemed your next of kin. If
the deceased partner has a child from a
previous relationship or a child with you,
they are deemed to be the next of kin and
everything solely in the deceased’s name
will pass directly to the children.
If there are no children and the deceased
partner has a parent alive then, under the
rules of intestacy, that parent will be
deemed the deceased's next of kin, and
everything would go to them. If there is
no parent alive then it would go to a
brother, sister and so on.
If there is no Will in an unmarried partner relationship then the outcome for the
surviving unmarried partner can be somewhat precarious, and they could be seriously
disadvantaged. Unless there is a valid Will in place naming them as a beneficiary and stating
what they are to inherit then, whatever their deceased may have wanted their partner to
receive could legally end up going to "unintended" others. This could create undue stress.
As an unmarried couple, your partner is not your next of kin and
could end up with little or even nothing from your estate
www.secureinheritance.co.uk
With a Will you can legally name the children's guardians
Valuable
Tip
How to safeguard your young children's upbringing
and their inheritance
We all hope to have a long and healthy life. Unfortunately, life is unpredictable and
accidents or sudden serious illnesses do happen... regrettably, there is no guarantee of
those later years. If you have young children and something happened to you what would
you want to happen to your young children left behind, and where does it legally say that?
Your Young Children
and No Will
Where does it say who YOU want
to raise your young children
Under Government Rules of Intestacy,
their inheritance would be required to
be managed until each child reached
the statutory age of 18 years old. They
would then have full access to their
inheritance money to spend how and
as they like… at 18 years of age!
If there is no Will stating guardianship
details then the Courts would need to
appoint guardians. In extreme cases,
your children may have to be put into
temporary care until a Court ruling is
made and the person(s) may not be who
you would have chosen yourself.
As parents of children under the age of 18 years, you may want to stipulate who you
would want to raise your children in such an event. You may also want to say how you
want their inheritance to be managed and used in their best interests until they reach the
age you decide they are mature enough to inherit in full. You may want that age to be older
than the statutory age of 18, perhaps 21 or 25 years old.
If something happened and you have not legally stated who you want
as guardians of your children, the courts may have to decide.
6
www.secureinheritance.co.uk
It is important to get good advice about the right Will
Valuable
Tip
As the parent of a vulnerable child with a disability, when it comes to leaving them an
inheritance you might have some concerns. You may feel that your child might not be able
to manage a significant sum; it could become a responsibility they find to be very stressful,
not to mention the possible "influence" of others on how they should spend it.
7
How to safeguard your vulnerable child's inheritance
Making Your Will around your
child's special needs
Assuming siblings will provide for
their vulnerable brother / sister
As the parent of a vulnerable child making
your Will probably requires some added
forethought. You want to provide comfort,
financial security as much as you can. At
the same time you need to be aware how
their inheritance may disadvantage them
when it comes to getting their state benefit
entitlements.
You may even consider leaving the whole
inheritance to your other child/children
assuming that they will ensure adequate
provision for their vulnerable sibling from
that inheritance. It's a risky strategy and
could create substantial anxiety and even
friction in what was previously a caring
sibling relationship.
It is the most natural thing for a parent to want to leave an inheritance to
their vulnerable child, yet it can also be quite a challenge trying to ensure your
Will is drafted in the absolute best interests of your child.
Leaving your vulnerable child an inheritance without protection
in place could impact their state benefits
www.secureinheritance.co.uk
Valuable
Tip
8
Why a Lasting Power of Attorney is a vital document
you should have NOW
Make your Will helps ensure that your family is looked after the way you want when you
are gone…but what about YOU…whilst you are still here? Who would look after your
affairs whilst you are alive, if you were ever unable to do so yourself in the future?
"My spouse could automatically
look after my affairs"
If at any time, you ever become unable to
make your own decisions, perhaps as a
result of an accident or serious illness,
then you may think your spouse, family
member or friend could AUTOMATICALLY
look after all your affairs for you…operate
your bank accounts, pay your bills, even
make decisions about your personal
welfare.... But could they?
Without the correct legal authority in place, family cannot automatically look after
your affairs. Your bank accounts may be restricted making it a very stressful time for your
family. The Court of Protection would have to appoint somebody to have that legal
authority. That can be costly, take months, and it may not be who you would have chosen.
A Lasting Power of Attorney (LPA) enables you
to choose and appoint somebody NOW
www.secureinheritance.co.uk
Making your Lasting Power of Attorney Now will give you and
your family peace of mind for the rest of your life
PLEASE WATCH THIS VIDEO
Valuable
Tip
9
Ensure somebody has the legal authority to operate your
business without you being there
As a business owner you may have considered who you would want to run your business if
ever in the future you were to become incapacitated; you may even have insurances in
place to cover the costs of you not being there. But,one thing often overlooked is this…
If your incapacity restricted your ability to make your own decisions e.g. you had a serious illness,
in a coma, or had a serious brain injury, then where does it LEGALLY say who has your authority
to run the bank accounts, pay staff, order stock, accept payments, make business decisions etc,
"My partner or spouse could
automatically look after my affairs"
Without the correct legal
authority in place they CAN'T
If you were ever unable to make your own
decisions you would be deemed to be a
vulnerable person. Not having in place the
legal authority required to act could result
in some serious consequences for your
business. In order to protect its own
interests, your bank may be quick to
restrict or freeze your accounts, halt
overdraft facilities, even call upon loans.
At that time, the Court of Protection
would have to grant somebody the legal
authority to act on your behalf. That can
take many months to establish and be a
costly process. Plus, the Court may well
appoint somebody you would not have
chosen yourself. Meanwhile, your staff
and your business could experience
significant disruption or much worse.
A Business Lasting Power of Attorney (BLPA)
is a vital legal document for your business.
Mak your BLPA NOW, while you still can. This enables you to choose and appoint a
person(s) who YOU want to be able to look after your business affairs if ever you were to
find yourself unable to do so at any time in the future.
Without a BLPA in place your family will need to go through the
stressful and costly experience of the Court of Protection process
www.secureinheritance.co.uk
Being an executor comes with important responsibilities
Valuable
Tip
10
Some people like to appoint a spouse or son/daughter as the executor on their Will,
perhaps to avoid having to pay a solicitor's fees or to maintain more control. Whilst being
an executor doesn't have to be complicated, often people can find it confusing, time
consuming, and stressful trying to follow unfamiliar rules and Probate Legal Procedures.
Make it easier for your loved ones to deal with Probate
when the time comes
The legal duties of
your executor include
Your executor is legally
responsible and liable
Registering the death and getting certified
copies required by all relevant institutions.
Arrange the funeral. Though a duty of the
executor, often this is done by the family.
Obtain the Will. Ensure you understand the
Will, particularly any unfamiliar clauses.
Apply for a Grant of Probate.
Open a personal representatives bank
account for the estate monies.
Inform relevant persons, banks, insurance
companies, employers, benefits agencies,
tax authorities, etc.
Arrange an estate evaluation. List all of
the deceased's assets, house, contents,
shares, life insurance and personal goods.
Draw up a schedule of debts to be paid
by the estate, mortgage, loans, credit
cards, taxes etc.
Complete the mandatory tax forms.
Establish if Inheritance Tax is payable
which must be paid first before any others.
Distribute the estate as per the Will
Keep all records for any queries as the
executor is personally responsible and liable.
Probate and Will Administration is an official legal process. Whilst it can be in the
realms of family members to perform, it is also a new and unfamiliar experience for most
people, and is a responsibility that comes to them at what is often a sad and difficult time.
Your executors are personally responsible and liable for the
duties they perform at what is usually a most difficult time
www.secureinheritance.co.uk
We can make it easier to keep your Will safe and up to date
Valuable
Tip
11
Why keeping your Will safe and up to date is the vital key
to your family's inheritance
So you make your Will that you feel is totally the right one for you and can relax knowing that,
when the time comes, everything will pass down smoothly to your chosen loved ones. Well,
that SHOULD be the case, subject to one very important condition….that, when the time comes,
your Will is definitely found, correctly signed, dated and witnessed and in good condition.
If your Will cannot be found
when it is needed
A copy Will is NOT your original
valid legal Will
Everything that was stated in your Will,
who you wanted to inherit, and what you
wanted them to receive, together with
any Protective Trusts that may be in your
Will are now legally ineffective. Because
your Will is unable to be found when it is
needed, you are now deemed to have
died without a legally valid Will.
If you have a signed copy of the Will, any
attempt to legally authorize the copy can
be stressful, expensive, time consuming,
with no guarantee the Court will uphold it.
If that is the case, everything you have
worked for all your life will be distributed
according to the strict rules of Intestacy.
Making your Will has all been for nothing.
When you make your Will you may feel that’s all done, that's it. However, over time
circumstances can change. Your financial situation may improve or may deteriorate;
personal relationships can change too and you may feel that you want to re-assess things.
Keeping your Will up to date ensures people inherit according to your most current wishes.
If your Will can't be found then your loved ones may not inherit as
per your wishes and unintended others may inherit
www.secureinheritance.co.uk
Valuable
Tip
12
Put ALL Your affairs in order and just
enjoy getting on with living your life
A basic Will gives you a say in who inherits what.
The “Right” Will and Good Planning can give the added flexibility and protection YOU want.
You know you want a Will
But what IS the "right" Will for You ?
Putting ALL your affairs in
order with Good Planning
Yes you know you should have a Will, but
you want more than just "a Will." You want
to know that the Will and Planning you have
can help ensure your family will receive the
maximum possible. You also want to know
you have done as much as you can to cover
all the eventualities that are important to
you and your family.
The right Will for you is the legal document
that provides the framework to give you the
outcome you want for you and your family.
Professional lifetime planning is the strategy
that complements your Will to help ensure
that, as your circumstances change, and as
the various rules and regulations change, the
outcome you want is always kept on track.
Have the Right Will for you with professional personalised planning around your Will.
Put in place flexible and protective measures needed to ensure the outcome for you and your
family, whilst you are still here, when you're no longer here, and for many years after you're gone.
Make your LPA now so that somebody you have chosen can automatically look after your affairs
on your behalf should you ever lose the ability to do so for yourself, at any time in the future.
Ensure your Will is safely stored, so it can be easily found when needed and is up to date with
your most current wishes.
Provide our Executors with the professional help and guidance that makes carrying out their
duties much easier and safer for them when the time comes.
THAT is putting ALL your affairs in order
for Your complete peace of mind
www.secureinheritance.co.uk
Dont leave it to chance...
Leave it to those you love
Call 07572 464 385
www.secureinheritance.co.uk
anne.reynolds@secureinheritance.co.uk
Helping Protect Your Loved One's Inheritance