How To Help Secure Your Loved One'sInheritance 12Valuable Tipsfrom our experts
Why it is important to make your Will NowWe 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 throughold age, or even unexpectedly through accident or illness. Throughout our life’s journey, we see the value and importance of protecting ourassets, our income, and even our lives. Yet, when it comes to planning for whathappens to everything we have worked for all our lives when we are gone, we can bea 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 Intestacydecide what happens to everything you have worked for all your life…or you can letSecure Inheritance Legal Services help you ensure it goes to the loved ones thatyou 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 knowwhat 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 creatingthe “Right” Will and planning strategy for you to help ensure your loved ones inheritin the way you want in total accordance with your wishes... so that you can get onwith living your life with full peace of mind. Over the years our dedicated team has helped thousands of families make it easier tosecure their children's inheritance and we will be delighted to do the same for you andyour 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 07970 776 935 www.secureinheritance.co.uk
12 EXPERT TIPS How To Secure Your Loved One s Inheritance CLICK on the Tips that are Important to YOU 1 WHY YOUR FAMILY WILL BE REALLY GLAD YOU MADE THE RIGHT WILL 2 HELP PROTECT YOUR HOME FROM POTENTIAL FUTURE LOSS TO CARE AUTHORITIES 3 DIVORCE MAY AFFECT THE CHILDREN S INHERITANCE EVEN IF YOU RE NOT DIVORCED 4 HOW SECOND MARRIAGE MAKES YOUR CHILDREN S INHERITANCE VULNERABLE 5 YOUR UNMARRIED PARTNER S INHERITANCE MAY BE AT POTENTIAL RISK 6 HOW TO SAFEGUARD YOUR YOUNG CHILDREN S UPBRINGING AND INHERITANCE 7 HOW TO SAFEGUARD YOUR VULNERABLE ADULT S INHERITANCE 8 WHY IT IS VITAL TO HAVE A LASTING POWER OF ATTORNEY NOW 9 WHY YOUR BUSINESS NEEDS THIS LEGAL AUTHORITY TO OPERATE WITHOUT YOU 10 MAKE IT EASIER FOR LOVED ONES TO DEAL WITH PROBATE WHEN THE TIME COMES 11 WHY KEEPING YOUR WILL SAFE IS VITAL TO YOUR FAMILY S INHERITANCE 12 HOW TO PUT ALL YOUR AFFAIRS IN ORDER IN THE WAY YOU WANT RETURN TO TIPS PAGE ANYTIME BY CLICKING THE BLUE BUTTON ON THE RIGHT HAND PAGES THROUGHOUT THIS BOOKLET Back to 12 Tips List
People you wanted to inherit may not.Others you didn’t want to inherit may doso. Others may inherit more or less thanyou wanted them to inherit. There is noclear certainty for anybody left behind.Some people may be happy, some othersdisappointed which could lead to familytensions and disputes. Leaving things tochance 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 Rulesdecide who inherits what With A Basic Will – You can have a sayin who inherits what. This gives much more certainty as yourchosen loved ones are named in your Will.A basic Will is much better than having noWill, but it has limitations in that it cannotoffer flexibility or protection to yourbeneficiaries or estate. If any claims aremade then, after all the claims arededucted, this may reduce what's left togo to those named in your Will. The "Right" Will for you is tailored to meet your family’s personal needs and yourwishes. It can help ensure that as much as possible of everything you have worked hard forall your life goes to those you have chosen and not to “unintended” others such as careauthorities, tax departments, future spouses and their children, and, in some cases, even apotential 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” WillWhen our life comes to its natural end, or in some cases unexpectedly early throughaccident or sudden illness, then everything we have (our Estate) is now going to go toothers (your Beneficiaries). But to who exactly, and in what way? Valuable TipYou have probably worked hard all your life for everything you haveWhy leave it all to chance when you can leave it to those you love www.secureinheritance.co.uk
Example John and Mary make a basic Will John and Mary have a house and some savings They have three adult children Michael Paul and Jane They want everything to go to each other and when they are both gone everything to be divided equally between the three children Their youngest son Michael is a bit of a wild one he spends money like water and has a bit of an issue with alcohol They all worry about him Nevertheless John and Mary want to leave him a third share and feel all they can do is hope he doesn t blow the lot recklessly John dies first As per John s Will everything goes to Mary The children don t inherit anything at this stage they will all receive their inheritances when Mary is gone In the meantime Mary owns everything house savings etc in full Mary lives a good few years longer after John and spends some savings Our Expert Says Mary s time comes Mary passes the savings are gone The house takes some time to sell Michael is causing huge issues with his siblings because he wants his money now Sure enough when he gets it Michael quickly spends his inheritance just as his parents had feared and is soon left with nothing Ensure the Will you make is the Right Will for you and that it is going to give you the outcome you want Secure Inheritance Legal Services understands how important it is to John and Mary that Michael doesn t end up spending all his inheritance recklessly Our Legal team would draft the Right Wills for them which together with good planning can give them the outcome they want In order to help protect Michael s inheritance our legal team draft two Wills incorporating powerful trust clauses Paul and Jane are appointed as the trustees managers of the trust so that they can ensure Michael receives the benefit of the funds without him having ownership of or control over those funds John and Mary also want Michael to have more personal access to his inheritance if he is deemed to be more capable and responsible to do so We can help you ensure that everything you have worked for all your life goes to your chosen loved ones in the way YOU want Back to 12 Tips List
Your house is more than just bricks and mortar Valuable TipHelp 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 forcedto 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 whoinherits, a basic Will cannot offer anyprotection and your home may still be100% vulnerable to care fee means-testing. This could significantly reducethe inheritance value your loved onesultimately receive.With the right Will and suitable planningstrategies, it is possible to reduce yourhome's vulnerability to the impact ofcare fees. This has the potential to helpensure that your children's inheritanceis better protected should the survivingspouse ever go in to care in the future. Despite numerous government promises over the years, thousands of people are stillbeing forced to sell their homes to pay for their care fees. Should you ever need long-termcare 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 tosee 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 grandchildrencome to visit and stay with you. Your home is full of memories and you may want a choiceabout 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. www.secureinheritance.co.ukMailplus23rdNov2021
Example David and Ann want their home to go to their children David and Ann have worked hard all their lives Having moved a couple of times for some years now they have lived in the house they love The home where they raised their three children and full of so many good memories It is very important to both of them that the family home ultimately passes down to the three children They have managed to accumulate some savings so that when they retire they have some comfort and security and can perhaps go on a few nice holidays Because they don t know how long those savings will last they want the make sure the house goes to the children if posssible They make a basic Mirror Will leaving everything to each other David dies Ann owns the house and later goes in to Care They have both been meaning to make their Wills so at last they get around to it They make standard basic mirror Wills leaving everything to each other and when they have both gone the family home and any savings are to go to the three children divided equally This gave them the peace of mind they both wanted or did it When David died the house was jointly owned so Ann became the 100 owner Having more than 23 250 in total assets including the house when she went into care years later she had to pay ALL her care fees She used her savings then the house was sold The children s actual inheritance was seriously reduced in value Our Expert Says Ensure that your home is owned in shares e g 50 50 and you have the right Will to help protect those shares Secure Inheritance Legal Services would advise David and Ann that a basic Will is not going to give them the outcome they want If the surviving spouse ever went into care the house could be sold to pay care fees Depending on the time in care the children s inheritance value could be as little as 14 500 With the Right Will and planning we would legally change the way they own the home into equal shares of 50 50 Very importantly we would incorporate Protective Trusts into their Wills Now when the first one dies their 50 share of the home is protected for the children Their potential inheritance is now better protected even if the surviving spouse were to ever go into care We can help you ensure that everything you have worked for all your life goes to your chosen loved ones in the way YOU want Back to 12 Tips List
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 unlikelyyour divorced spouse can make any claim to your estate when you die. However, if you areseparated 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 theinheritance you leave to your child.Your ex- daughter/son -in-law end upwith part of your child's inheritance You leave an inheritance such as yourhouse, savings or both to your adult son(or daughter). Sometime after receivingthat inheritance your son and his wifeget divorced, it could even be his wifewho instigates the divorce leaving yourson devastated. The inheritance you left your son couldbecome part of the divorce settlement,which means your now ex-daughter-in-law could benefit from the inheritanceyou left your son. This may be a bitter pillto swallow for your son and could createongoing tensions for some years.Leaving an inheritance "directly" to your adult child can make it a potential target forclaims such as a divorce settlement or other unexpected creditors. An unprotectedinheritance 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 othercreditors could see that inheritance as a legitimate target. If your adult child got divorced, part of the inheritance you left themcould end up going to your ex son/daughter-in-law www.secureinheritance.co.uk
Example Derek and Elaine are worried about their son Derek and Elaine have their own home and a good amount of savings to help them have a reasonable retirement They have one grown up son Peter who is married with two children and has his own small business Unfortunately their relationship with Peter s wife Angela is not good Angela doesn t get on well at all with Elaine and is constantly causing issues and finding excuses to not bring the grandchildren around very often which really hurts them They both just tolerate her for their son s sake They have a basic Will with everything ultimately going to Peter Elaine is seriously worried that this could happen to their son Derek has a work friend David who inherited his parent s house Unfortunately David s wife has met somebody else and now wants a divorce It came as a real shock to David but the bitter pill is his wife s solicitor demanding that the house left to David by his parents be included as an assessable asset in the divorce settlement When Elaine heard about this she was mortified What if her son and his wife were to split up after he received his inheritance Neither of them could accept that their daughter in law could get her hands on any of Peter s inheritance if they divorced They were at a loss as to what to do about it Our Expert Says Don t leave the inheritance as a direct gift ensure your Will and planning legally protects the inheritance Secure Inheritance Legal Services would advise Derek and Elaine that because of its limitations a basic Will is not going to give the peace of mind they want They need a Will that gives them more flexibility and control With the Right Will they could leave their son Peter his inheritance House savings everything in a Protective Will Trust After Peter inherits as well as protecting his inheritance from potential claims from business creditors should he and Angela divorce his inheritance is also protected from being included in the settlement calculation We can help you ensure that everything you have worked for all your life goes to your chosen loved ones in the way YOU want Back to 12 Tips List
Valuable Tip 4 Second marriage could put your children's inheritance at riskPeople 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 thatdoesn't take into account cohabitations).” The GuardianDivorce does NOT invalidate your WillSecond Marriage DOES invalidate your Will If a couple gets divorced and a settlementtakes place then the ex-spouse is nolonger deemed a beneficiary of the otherspouse's Will (unless the other spouse stillwants them to be). The Will is still valid inrespect to all other named beneficiarieswhich are often their children.A divorced spouse may well choose to getmarried again. In many cases, they willbring children and assets from the firstmarriage. In a second marriage, this oftenresults in a "blended family". This secondMarriage now automatically invalidatesany 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 andchattels" and the first £322,000 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 inheritseverything. 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 ofa 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 justassuming your children will inherit can leave them at risk of loss www.secureinheritance.co.uk
Example Divorcee Yvonne Gets Married Yvonne is divorced with two children Yvonne meets Peter who is also divorced and has a daughter from his first marriage Their relationship blossoms and they get married Yvonne and her children had been living in a nice but small flat so they both sell their respective properties and purchase a bigger house together They make basic mirror Will s which leaves everything to each other and then on the second death it would all go to the three children split equally Over the years the blended family children gradually all grew up and fly the nest and eventually the first spouse passes Yvonne passes away Peter later changes HIS Will As per the basic Will everything that Yvonne owns the house all of her savings and possessions went to her new spouse Peter The Will Peter made at the time with Yvonne says that when he dies everything will be split between all three children equally as he and Yvonne had both agreed Over the years destructive animosity arose between Peter and both Yvonne s children Unbeknown to Yvonne s children Peter made a new basic Will significantly in favor of his own daughter Yvonne s two children are to get very little but they would only discover this when their stepfather dies Our Expert Says Ensure the way you own your home enables you to leave YOUR share in a Protective Will Trust Secure Inheritance Legal Services would have advised Yvonne and Peter NOT to make a Basic Will Rather we would have advised them that they first restructure the way they own their home into shares e g 50 50 We would make that legal ownership change for them and then draft their Wills containing powerful protective legal clauses around these 50 shares When the first spouse dies their share would be protected for their own children and should the surviving spouse remarry that share is still protected In this instance Yvonne s two children would at least inherit her share of the house when Peter dies even if he had changed his Will We can help you ensure that your children s inheritance is protected against unnecessary loss in a second marriage Back to 12 Tips List
Without a Will your unmarried partner faces uncertainty Valuable TipYou are living together in an “unmarried partnership”. When the first partner dies, youmay assume that the surviving partner will inherit all the deceased partner's assets. Butthis is not necessarily the case. if there is no civil partnership and there's NO WILL, thenonly joint assets will pass to the surviving partner. Any assets that are solely in the nameof 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 partneris not legally deemed your next of kin. Ifthe deceased partner has a child from aprevious relationship or a child with you,they are deemed to be the next of kin andeverything solely in the deceased’s namewill pass directly to the children.If there are no children and the deceasedpartner has a parent alive then, under therules of intestacy, that parent will bedeemed the deceased's next of kin, andeverything would go to them. If there isno parent alive then it would go to abrother, sister and so on. If there is no Will in an unmarried partner relationship then the outcome for thesurviving unmarried partner can be somewhat precarious, and they could be seriouslydisadvantaged. Unless there is a valid Will in place naming them as a beneficiary and statingwhat they are to inherit then, whatever their deceased may have wanted their partner toreceive 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
Example Paul and Sarah have been together for 11 years Paul and Sarah are an unmarried couple who have been living together for 11 years The house they live in is the house Paul had when they met and decided to live together Still in Paul s name only there is no mortgage and Paul and Sarah just split the household bills Sarah has a young daughter from a previous relationship who lives with them Paul s son Andy is 25 and lives in a rented flat Andy has a difficult relationship with Sarah because he still blames her for breaking up Paul s marriage Paul wants to make sure Andy would get at least part of the house as an inheritance but really doesn t know what to do about it so just kept putting off making a Will Paul dies suddenly from a heart attack and there is no Will Sarah is NOT his next of Kin Under the Rules of Intestacy Andy IS Paul s next of kin and he is entitled to inherit Paul s estate Andy demands that Sarah and her daughter move out of the home as it is now his house Our Expert Says Sarah could be forced out of her home where she s lived for 11 years Sarah can try and fight against this ruling it will involve expensive legal fees The potential outcome could result in Sarah losing the place where she and her daughter live knowing that s not what Paul wanted As an unmarried couple it is important that you make your Wills in order to give each other some certainty Secure Inheritance Legal Services would advise Paul and Sarah to make a Will that would give them good choices and control over the outcome they want By making the right Will with good planning Paul could ensure that if he died first Sarah would have the right to continue living in the house which would be held in trust for his son Andy would then ultimately inherit the house when Sarah dies or if Paul wishes if she re partners marries or she ever decides to buy her own house in the future Now Paul and Sarah have the peace of mind that she will always have somewhere to live and that Andy will still ultimately inherit the house We can help you ensure your unmarried partner and children are protected and inherit in accordance with your wishes Back to 12 Tips List
With a Will you can legally name the children's guardians Valuable TipHow to safeguard your young children's upbringing and their inheritance We all hope to have a long and healthy life. Unfortunately, life is unpredictable andaccidents or sudden serious illnesses do happen... regrettably, there is no guarantee ofthose later years. If you have young children and something happened to you what wouldyou 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 wantto raise your young children Under Government Rules of Intestacy,their inheritance would be required tobe managed until each child reachedthe statutory age of 18 years old. Theywould then have full access to theirinheritance money to spend how andas they like… at 18 years of age! If there is no Will stating guardianshipdetails then the Courts would need toappoint guardians. In extreme cases,your children may have to be put intotemporary care until a Court ruling ismade and the person(s) may not be whoyou would have chosen yourself. As parents of children under the age of 18 years, you may want to stipulate who youwould want to raise your children in such an event. You may also want to say how youwant their inheritance to be managed and used in their best interests until they reach theage you decide they are mature enough to inherit in full. You may want that age to be olderthan 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
Example Keith and Lizzy have two young children Keith and Lizzy are married have their own home good jobs and adequate life insurances They have two young daughters Samantha aged 7 and Alex aged 5 Lizzy asked her sister Janet if anything happened to her and Keith would she bring up the girls She said yes Keith mentioned it to his parents as they had a big house and Lizzy only had a smallish flat They said yes too but Lizzy wasn t too keen as Keith s mother could be quite strict with the children Keith agreed Janet was the best choice Sadly that is how it was left in a conversation They never got around to making their Wills Keith s parents were determined to get guardianship Tragically Keith and Lizzy were killed by a drunk driver in a head on collision Their families were devastated Janet took the girls to her modest but comfortable flat The children s inheritance the house savings and the life insurance payout would be finally accessed by the girls as each reached 18 years old when it would be theirs to spend as they want Keith s mother was very distressed telling Janet that they had been asked by Keith to bring up the children and that they had the space and the finances to raise them Janet insisted that Lizzy had asked her to raise the children Keith s mother said she would start legal proceedings to get guardianship of the children Janet knew she couldn t afford to fight that battle Our Expert Says Make your Will and state who you want to be your young children s legal guardians Secure Inheritance Legal Services would advise Keith and Lizzy to make their Wills with Janet named as their guardian It would also be prudent to include a Parental Trust to enable their young children s inheritance to be used in accordance with Lizzy and Keith s wishes The children s inheritance would be placed into a trust to be used for their beneficial interest and on reaching the age their parents nominated they would inherit the balance in full Keith and Lizzy choose to leave Janet an inheritance so she won t be financially stressed raising the two children With these legal provisions in place Keith s parents would have no grounds to contest guardianship We can help you ensure your unmarried partner and children are protected and inherit in accordance with your wishes Back to 12 Tips List
It is important to get good advice about the right Will Valuable TipAs the parent of a vulnerable child with a disability, when it comes to leaving them aninheritance you might have some concerns. You may feel that your child might not be ableto 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 yourchild's special needsAssuming siblings will provide fortheir vulnerable brother / sisterAs the parent of a vulnerable child makingyour Will probably requires some addedforethought. You want to provide comfort,financial security as much as you can. Atthe same time you need to be aware howtheir inheritance may disadvantage themwhen it comes to getting their state benefitentitlements. You may even consider leaving the wholeinheritance to your other child/childrenassuming that they will ensure adequateprovision for their vulnerable sibling fromthat inheritance. It's a risky strategy andcould create substantial anxiety and evenfriction in what was previously a caring sibling relationship. It is the most natural thing for a parent to want to leave an inheritance totheir vulnerable child, yet it can also be quite a challenge trying to ensure yourWill 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
Example Margaret s only child Robert has a disability Margaret is a single mother Her only child her adult son Robert is disabled and lives with her Though he is reasonably independent she feels he can be easily led by some of his friends and doesn t always fully understand the consequences of some of his decisions Margaret s sister Alice is very fond of her nephew and is a real help to Margaret So Margaret wants to leave an inheritance to her sister Alice as well as to Robert She got a DIY Will from the post office and she thinks she has filled it in properly but she s not sure She s signed it but not got around to getting it witnessed yet Margaret s DIY Will is not valid in law Margaret s DIY Will is not valid because it requires two witnesses who MUST see you signing the Will Mistakes made completing DIY Wills don t alway come to light until it is too late In this case Margaret s sister would not inherit anything as her next of kin Robert would inherit everything Our Expert Says Her concerns about Robert are not addressed Robert would inherit her home and savings to do with as he wished Her concerns about Robert being easily led and infliuenced by friends would still be an issue Plus under means testing rules his state benefits could also be severely impacted further depleting his new inheritance Leave your vulnerable child an inheritance that is protected from means testing and others Secure Inheritance Legal Services would help Margaret make the right Will that would give her the outcome that protects Robert s inheritance and also ensures her sister inherits She would leave Robert his inheritance in a Protective Trust with Alice and a close friend as trustees Those funds could then be used to meet his needs and wouldn t impact his benefit entitlements or be easily available to Influenced suggestions Also the inheritance to her sister would be clearly stated This now puts Margaret s mind at rest knowing that she has exactly the right Will and planning in place to ensure Robert is OK when she is no longer here We can help you ensure your unmarried partner and children are protected and inherit in accordance with your wishes Back to 12 Tips List
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 youare gone…but what about YOU…whilst you are still here? Who would look after youraffairs 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 tomake your own decisions, perhaps as aresult of an accident or serious illness,then you may think your spouse, familymember or friend could AUTOMATICALLYlook after all your affairs for you…operateyour bank accounts, pay your bills, evenmake decisions about your personalwelfare.... But could they? Without the correct legal authority in place, family cannot automatically look afteryour affairs. Your bank accounts may be restricted making it a very stressful time for yourfamily. The Court of Protection would have to appoint somebody to have that legalauthority. 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
Example An LPA would have made things so much easier May has a daughter and grandchildren her husband Tom passed away a few years ago Both May and her husband have Wills Her daughter Carol lives locally May seems to be getting more forgetful and occasionally seems a little confused and it s happening more often May can t get around easily so she gives Carol her bank card to do her shopping for her Carol uses the tap to pay function for her mum s shopping and other bills May does like to have a little bit of cash to treat the grandchildren so Carol also has May s PIN for the ATM Using her mum s card came with an unexpected cost Too late for an LPA Mary s Bank account was restricted Using May s card was the most convenient way for Carol to shop for her mum even when she had to use the PIN number However somehow May s bank account got scammed and 500 was taken The bank declined to reimburse the money because May had allowed others Carol access to her card and PIN The bank suggested it would be easier if May made an LPA When Carol spoke to the doctor about her her mum s forgetfulness and confusion May was deemed not capable of making an LPA May s bank account was restricted and Carol now had to apply to the Court of Protection which would be costly and take many months to process It was a very stressful period for May and particularly for Carol who had to deal with everything Our Expert Says Make your LPA Now while you still can Your family will be so glad you did Secure Inheritance Legal Services would advise May and her husband Tom that as they were both relatively well and had their full mental faculties making their LPAs at the same time as their Wills would be very prudent With our LPA full service we would prepare the right LPAs for you oversee the signing of your documents and registration process with the Office of the Public Guardian This can give you and your family added peace of mind for the rest of your lives We can help you make the right LPA for you and your family with our full service facility Back to 12 Tips List
Valuable Tip 9 Ensure somebody has the legal authority to operate yourbusiness without you being thereAs a business owner you may have considered who you would want to run your business ifever in the future you were to become incapacitated; you may even have insurances inplace 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 authorityto run the bank accounts, pay staff, order stock, accept payments, make business decisions etc, "My partner or spouse couldautomatically look after my affairs" Without the correct legalauthority in place they CAN'T If you were ever unable to make your owndecisions you would be deemed to be avulnerable person. Not having in place thelegal authority required to act could resultin some serious consequences for yourbusiness. In order to protect its owninterests, your bank may be quick torestrict or freeze your accounts, haltoverdraft facilities, even call upon loans. At that time, the Court of Protectionwould have to grant somebody the legalauthority to act on your behalf. That cantake many months to establish and be acostly process. Plus, the Court may wellappoint somebody you would not havechosen yourself. Meanwhile, your staffand your business could experiencesignificant 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 aperson(s) who YOU want to be able to look after your business affairs if ever you were tofind yourself unable to do so at any time in the future. Without a BLPA in place your family will need to go through thestressful and costly experience of the Court of Protection process www.secureinheritance.co.uk
Example A BLPA can help prevent serious distress to your business You probably have systems in place in your business that if you were off sick for a few days or away on holiday the business could still operate without you being there for those brief periods even then you might get a few sorry to bother you calls and emails from staff BUT what if a serious medical event or accident happened to you that rendered you unconscious in a coma or debilitated you in a way that made it very difficult if not impossible for you to make your own decisions for an extensive period of time or permanently Serious outcome for Gretna Green FC Don t leave it too late for Your business Some years ago Gretna Green Football club found itself in serious operational difficulties when its then owner reportedly suffered a very serious health issue that apparently impaired his decsion making capacity Without staff having the proper authority to make decisions or even some functional business strategies on his behalf the club finally found itself in liquidation A very sad loss for the owner staff and the community Having insurances like key man insurance etc are a well known in business However not having a Business Lasting Power of Attorney in place can undo some of your insurance plans for some time Puttting off making a BLPA could result in seriously disruptive consequences for your business This could mean losses to your business and create unnecessary and avoidable stress for you and your staff Our Expert Says Make your BLPA Now Your Business will certainly appreciate that you did Secure Inheritance Legal Services would advise you as a business owner that making their Business Lasting Power Of Attorney NOW would be a very prudent safeguard for you your staff and your business With our full service facility we prepare your BLPA oversee the signing of your documents and the registration process of your BLPA with the Office of the Public Guardian This will give you your business and your family added peace of mind for the future With our full service facility we can help you make the right BLPA for you Back to 12 Tips List
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 beingan executor doesn't have to be complicated, often people can find it confusing, timeconsuming, 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 comesThe legal duties of your executor includeYour executor is legallyresponsible and liable Registering the death and getting certifiedcopies required by all relevant institutions. Arrange the funeral. Though a duty of theexecutor, 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 bankaccount for the estate monies.Inform relevant persons, banks, insurancecompanies, employers, benefits agencies,tax authorities, etc. Arrange an estate evaluation. List all ofthe deceased's assets, house, contents,shares, life insurance and personal goods.Draw up a schedule of debts to be paidby the estate, mortgage, loans, creditcards, taxes etc.Complete the mandatory tax forms.Establish if Inheritance Tax is payablewhich must be paid first before any others.Distribute the estate as per the WillKeep all records for any queries as theexecutor is personally responsible and liable. Probate and Will Administration is an official legal process. Whilst it can be in therealms of family members to perform, it is also a new and unfamiliar experience for mostpeople, 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 theduties they perform at what is usually a most difficult time www.secureinheritance.co.uk
Example My daughter s a teacher she knows what to do Edward and Rose are married and have two children They have a house that is in Edwards s name some savings and some shares They want everything to go to each other then to the children When Edward and Rose made their Wills they chose to appoint each other and their daughter Jane as their executors on each other s Will Jane is a primary school teacher and both Edward and Rose feel she will know what to do when the time comes Though Jane is a teacher Probate is new to her When Rose s time comes there s some additional duties When Edward passes Rose now leaves Jane to carry out all Edward s Probate and Will administration Jane did find it challenging as it was an unfamiliar process to her but by the time she completed it she felt had done everything right well at least she thought she had Jane had innocently overlooked a certain procedure with the Land Registry that meant Edward s Estate administration wasn t fully completed Jane was totally unaware of this error When Rose passes there s a house to sell other assets and debts to be finalised and now any potential inheritance tax needs to be calculated and paid The estate then needs distributing according to the Will Part way through worried she was getting out of her depth Jane handed everything to a solicitor who advised her Edward s estate also needed some rectification before acting on Rose s estate That came with additional legal fees Jane vowed never again Our Expert Says Professional help and guidance is something your executors will truly appreciate when the time comes When making their Wills Secure Inheritance Legal Services would have offered Edward and Rose our Executor Assist Package This popular service starts with a welcome telephone call from our trained Probate specialists introducing your executor to their easy to use Executor Assist Online Toolbox Our online Toolbox includes a fully comprehensive digital library of pre populating forms letter templates tax and estate valuation calculators plus integrated checklists available online 24 7 Designed to save time and to alleviate stress and confusion it has been described by some of our clients as the best gift you could ever give your executor We can help you make YOUR executors have a much easier experience when the time comes Back to 12 Tips List
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 inheritanceSo 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 originalvalid legal WillEverything that was stated in your Will,who you wanted to inherit, and what youwanted them to receive, together withany Protective Trusts that may be in yourWill are now legally ineffective. Becauseyour Will is unable to be found when it isneeded, you are now deemed to havedied without a legally valid Will.If you have a signed copy of the Will, anyattempt to legally authorize the copy canbe stressful, expensive, time consuming,with no guarantee the Court will uphold it.If that is the case, everything you haveworked for all your life will be distributedaccording 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 timecircumstances 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
Example Clive s Will could not be found anywhere Clive and Maria are married with two children and three grandchildren They have a house and some savings They want to leave everything to each other then finally to the children Some time ago they made their Wills that included protective planning to help prevent unnecessary loss to care fees and any other potential claims Clive s sister passed away quite young and he later changed his Will to include a generous legacy to the hospice that cared for his sister For some reason he never mentioned to Maria that he had made this change to his Will When Clive died his Will could not be found Now there was another serious unwanted outcome Clive had always said his Will is where he kept all his important documents but it wasn t there He had become very forgetful of late so they could only assume he took it out of the file for some reason Nobody was aware that Clive had changed his Will to include a generous legacy to the hospice in memory of his sister Consequently the hospice never received Clive s gift So with the Will not found under the laws of intestacy Clive s share of the house went directly to Maria so that was OK However as a result of this the protection they had against unnecessary loss to care fees was now no longer effective Because Maria now owned the house 100 if she ever went into care the house could be very vulnerable to loss to care authorities Our Expert Says Make sure your original signed Will is safely stored up to date and your executors know where to find it Secure Inheritance Legal Services would have drafted those Trust Wills for Clive and Maria and at the same time offered them our affordable Secure Will Storage and free basic updates service When Clive decided to leave a Legacy to the Hospice his Will would be updated accordingly at no additional cost and his Will would continue to be safely stored with us When he passed away we would release his updated Will to his executors within 24 hours of being notified They would then have been aware of his gift to the Hospice and the Protective Trust in his Will We can help you ensure that YOUR Will is up to date with your wishes and can be found when it is needed Back to 12 Tips List
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 inorder with Good Planning Yes you know you should have a Will, butyou want more than just "a Will." You wantto know that the Will and Planning you havecan help ensure your family will receive themaximum possible. You also want to knowyou have done as much as you can to coverall the eventualities that are important toyou and your family. The right Will for you is the legal document that provides the framework to give you theoutcome you want for you and your family.Professional lifetime planning is the strategythat complements your Will to help ensurethat, as your circumstances change, and asthe various rules and regulations change, theoutcome 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 yourfamily, 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 affairson 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 withyour most current wishes.Provide our Executors with the professional help and guidance that makes carrying out theirduties 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
Example NOW I can relax and get on with my life Bill and Suzanne have a house some savings and investments plus Bill has his own business They have two adult children Chris and Kirsty and also two grandchildren They have worked very hard all their lives and want to ensure that everything is well protected and the right Wills are in place so they can get on with their lives Chris works in Bill s business so Bill wants Chris to have the legal authority to run the business just in case Bill has an accident or gets seriously ill He also wants the business to be well protected in a trust or something when it is passed down as an inheritance Suzanne knew the importance of having LPAs They both wanted the best possible outcome Suzanne is already the attorney on her mother s Lasting Power of Attorney LPA She totally understood how having this document in place makes life so much easier for families should a loved one ever become incapable of managing their own affairs at any time She definitely wants her and Bill to have personal LPAs and also one for his business The outcome that Bill and Suzanne want is to know they have done as much as they can to help ensure that everything they have worked hard for all their lives goes to Chris and Kirsty and to the grandchildren They also want Chris and Kirsty to be the executors so they have some control over the process Bill knows they will need professional guidance Our Expert Says Making your Will can give you added comfort Putting ALL your affairs in order can give total peace of mind At Secure Inheritance Legal Services we can help Bill and Suzanne make the right Will with lifetime planning strategies that put all their affairs in order then they can have full peace of mind and get on with living Applying appropriate protections including LPAs and planning strategies we can help them Protect their Estate including his business as well as provide ongoing protection to their children and grandchildren s inheritance for many years after they have received it We also arrange for executors Chris and Kirsty to have all the professional help and guidance they will need Whatever your own personal needs and wishes are we can help you achieve the outcome you want with our range of affordable packages Back to 12 Tips List
Dont leave it to chance...Leave it to those you love Call 07970 776 935 www.secureinheritance.co.uk gary.owen@secureinheritance.co.ukHelping Protect Your Loved One's Inheritance