Wills & Will Trusts FAQ
Dying intestate means you haven’t left a will, and in this case, the law steps in to determine how your assets are distributed. Unfortunately, these outdated laws often overlook modern family structures, like unmarried partners and stepchildren, which could lead to unintended outcomes. For instance, your partner may not inherit anything if you aren’t legally married. Additionally, if you have children under 18 (or 16 in Scotland), the court could decide their guardianship, which may not align with your wishes. To protect your loved ones and ensure your intentions are fulfilled, creating a will is essential.
A trust is a legal mechanism that allows you to manage your assets for the benefit of others. It can help you maintain control over your estate, potentially reduce inheritance tax, and provide for your family after you’re gone. Whether you need a trust depends on your unique situation, such as the complexity of your estate and your family dynamics. Consulting with our estate planning experts can help you assess whether a trust is the right choice for you.
Updating a will is generally a straightforward process, but costs can vary based on your specific needs. Simple updates might range from £50 to £300, while more complex changes could incur higher fees. At Legatum Planning, we believe in transparency, so we’ll provide you with clear pricing upfront to help you make informed decisions.
Deciding who inherits your estate is a deeply personal choice. Here are a few key considerations:
- Family ties: Who do you wish to support?
- Dependents: Ensure that those relying on you, like children or partners, are cared for.
- Sentimental value: Think about specific items you’d like to leave to certain individuals.
It’s wise to document your decisions clearly in your will, and our team can assist you in making these important choices.
An executor is the individual responsible for ensuring that your wishes, as outlined in your will, are carried out. When selecting an executor, consider someone trustworthy and capable of managing financial and legal matters. You can name your chosen executor directly in your will. It’s also a good idea to discuss the role with them beforehand to ensure they’re comfortable with the responsibility.
Yes, a will is a legally binding document if it meets certain requirements.
- Written Document: Must be in writing.
- Age Requirement: The testator must be at least 18 years old.
- Voluntary Creation: Created voluntarily, without coercion.
- Signature: Signed by the testator, or someone signing on their behalf in their presence.
- Witnesses: At least two witnesses who are not beneficiaries must sign to validate the will.
Meeting these criteria ensures the will is enforceable and can help prevent disputes. It’s recommended to consult with an estate planning professional to ensure compliance with the law.
In the UK, the inheritance tax threshold is currently set at £325,000. Any value above this may be taxed at 40%. However, there are various exemptions and reliefs, such as the main residence nil-rate band, which can significantly increase your tax-free allowance if you pass your home to direct descendants. Our estate planning specialists can guide you through your specific tax obligations and discuss strategies to minimise your inheritance tax liability.