If you die ‘intestate’ then your dependants may suffer financial hardship whilst your affairs are sorted out, all at the worst possible time.
The legal process in dealing with your affairs will be much easier for your loved ones, and will save them much of the expense of legal fees. Many estates can be finalised without a solicitor if there is a Will in place.
You will have no control over who gets what you own. The laws relating to what happens to your assets if you don’t have a Will are very complex and may not suit your family’s needs. Even spouses do not automatically inherit all your estate.
You will know for certain where your assets will end up after you have gone.
Your estate may be liable to a charge of Inheritance Tax, payable currently on estates over £325,000.
You can use trusts within your Will or use your Will to distribute your assets in such a way that the Inheritance Tax is minimised or even completely eliminated. Writing your Will in this way can save over £100,000 in tax for your loved ones.
If you have young children you will have no control over who would look after the children if you die, and how any money might be used to benefit them. A court may appoint Guardians whom you would never have chosen. Any children will also inherit your estate at the tender age of 18.
You can appoint Guardians of your choice who will look after the children until they are 18. You can also set up a trust fund and appoint trustees to provide for them until they reach an age where you would want them to inherit.
Dependant on the size and nature of your family, a variety of your relatives might inherit who you have not spoken to for years.
You can decide who does and who doesn’t inherit no matter what happens, thereby avoiding costly family disputes.
If you are married the vast majority of your joint estate might be lost to pay for Long Term Care.
Protective trusts can be used to safeguard at least half your home against loss if the survivor has to go into care later on.
If you own your home jointly with your spouse this will normally pass to them automatically after your death. But if they remarry they may inadvertently end up leaving it to their new spouse and his or her family.
Trusts can be written into your Will in such a way that your half of any assets is protected for your children while still providing for your spouse.
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