Legalities of making a Will
Whatever your age or stage in life, good advice is essential in making a Will. Children, step children and previous marriages are complicating factors which underscore the necessity for a well planned Will. If you're living with someone, it is even more important to have a dependable Will to ensure the financial security of your partner. Planning a Will can often save inheritance tax payments in the future.
Why make a Will?
Don't leave these matters to chance:
- Appoint the Executors you want
- Appoint the Guardians for your children
- Make sure your assets go where you want, when you want - not to the tax man
What can a Will do?
Your Will can provide what is to happen to your estate when you die. However, your Will cannot say what is to happen to any of the following:
- Property which is in your own and someone else's joint names and which is regarded under the law as 'joint property' (for example, the property in which you and your partner live or joint bank or building society accounts may be regarded as 'joint property'). In such cases the property may pass on your death to the surviving joint owner(s) of the property in question.
- Certain benefits payable under pension policies may pass to persons nominated by you in a separate letter of nomination.
- Property held for you under certain types of trust will not pass under your Will on your death, but will be distributed in accordance with the terms of the trust document.
- The proceeds under life policies written in trust for the benefit of named individuals will pass to those individuals, regardless of the terms of your Will.
- Property of the subject of nominations (for example, money in a friendly society) will pass to the nominated beneficiary.
The rules concerning Inheritance Tax are complicated. But as a general rule if the total of:
- the value of your estate at the date of your death, and
- the value of any Trust Fund in which you have a life interest at the date of your death (or within seven years before your death), and
- the value of any gifts you make in the seven years to the date of your death does not exceed £300,000 then there is unlikely to be any inheritance tax payable.
If the total value does exceed £300,000, there are efficient and cheap ways of saving a substantial amount of inheritance tax. If you think that this is likely to apply to you, we recommend that you contact us to discuss it further.
Contact Jobling & Knape with your Making a Will question: