No-one likes to think about their own death, but as David Bird, Partner at Crane & Staples solicitors in Welwyn Garden City explains, if you do not make plans while you are still alive you can leave a whole host of problems behind for your grieving family to sort out.
It took 15 years of legal wrangling before the fortune of billionaire Howard Hughes was distributed amongst his surviving relatives, all because he had not bothered to make a will.
David said: “Maybe he, like many other people, felt daunted by the process of making a will. In reality, it can be quite straightforward and need not cost the earth.”
David has put together his top ten tips for creating the perfect will:-
• Make sure whoever draws up your will knows what they are doing. Choose wisely who you ask to draw up your will. DIY works for home improvements but, even if you are extremely confident and knowledgeable, it does not work for wills. Lawyers make more money from sorting out badly drafted wills and dealing with claims in respect of those wills than they do from drawing them up!
• Choose your executors carefully. Executors are responsible for handling your estate in accordance with your instructions. It is a responsible and demanding role and can involve making commercial decisions and dealing with large sums of money.
• Appoint a substitute executor. If you are married you will probably have your spouse as executor. If you both died in a car crash, neither of you would have an executor so always have a fall-back position, particularly where young children are involved.
• Appoint guardians. If you are the last living parent and die leaving children under 18, a guardian may be appointed by the court if you have not specified in your will who you want this person or persons to be.
• Appoint dependable trustees. If you are setting up a trust in your will or if the beneficiaries may be aged under 18 when you die, you will need to appoint trustees. They will be responsible for managing and investing money or looking after property until the beneficiaries inherit.
• Provide for specific legacies. To preserve family heirlooms or items of special sentimental value you should leave these items as a specific legacy to a named beneficiary.
• Make sure you leave a residuary gift. The residue is what is left over in the estate after legacies are settled. You must specify who residue goes to, as if you fail to do so you will create a partial intestacy – the general law will then dictate who gets the residue, which will be family members in a strict blood line order or if you have no blood relatives, the state.
• Make a tax efficient will. Inheritance tax is becoming a burden for many families as the value of property rises. If you are married you can include a discretionary trust in the will, which might save your children or other beneficiaries a huge amount of money.
• Sign your will and make sure it is properly witnessed – and then safely stored. A will must be signed in front of two independent witnesses – otherwise it will not be valid. A witness should not be anyone mentioned in the will or married to anyone benefiting under the will. Once a will is correctly signed and witnessed, store it in a safe place where it can be protected from fire, flood or theft. Do not hide your will – it is no good to anyone if it cannot be found!
• Review your will regularly. An out-of-date will can be as bad as no will at all. In most families in any 3 – 5 year time frame there is likely to be a birth, death or a marriage (and maybe even a divorce). All of those events can affect the will and who you might want to benefit.
David concluded: “The morbid fact is that 2,000 people die every day in the UK and 60 per cent do not bother to make a will at all. But if anything should shock people into action it is the stark fact that if there is no will the general intestacy laws will effectively decide who gets what. There are fixed rules which dictate where money and possessions go risking family and friends being left inadequately provided for with very possibly unexpected tax bills reducing the amount available for distribution. Making a will can save a lot of people a great deal of heartache at what is inevitably a very difficult time.”
|