1. Good Things To Know About
Wills & Estate Planning
Will Planning Solutions
Professional Will Writing & Estate Planning Made Easy
www.willplanningsolutions.co.uk
Solutions For
Every Situation
2. 1
About The Author
Rob Abell qualified as a Chartered Management Accountant
in 1987 and worked in finance roles in the manufacturing sector
until 2006, when he planned a change of direction into Will
Writing and Estate Planning.
There are more similarities between the two than you might
first think; both for instance demand highly analytical skills and
good subject knowledge.
He is now an accomplished member of the Institute of
Professional Willwriters and enjoys his second career far more
than his first, and his commercial experience undoubtedly helps
in certain situations, particularly where clients run a business
or have a more complex situation to resolve.
Will Planning Solutions is a family run company set up to
specifically help other like-minded people to arrange their
financial and legal affairs effectively by planning now, in
advance, for the benefit of future generations.
“My aim is always to treat clients in the same way
as I would treat my own parents and family. What
I’m offering you is the opportunity of a free
meeting to find out for yourself how I can help you
to plan and protect your estate, all you have to do
is ask me”
3. Contents
About The Author
Foreword
Skype Wills
About Wills
Business Assets
Don’t Buy A Cheap Will
Why Use Us?
The Institute of Professional Willwriters
You Can’t Take It With You
How Much Do You Trust Your Children?
Intestacy
Risks Facing Your Family’s Money
The 6 Main Risks Facing Your Estate Are..
Life’s Cycle
Do I Need A Trust?
The Family Protection Trust
What About A Lasting Power Of Attorney?
Advanced Medical Directives
Funeral Planning
Keeping On Top Of Things
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Images kindly provided by international award winning photographer martinneeves.com
4. Foreword
What’s your wish for the next generation?
Whilst we can all take positive steps to make life more
sustainable from an environmental point of view, our ability to
influence wider economic issues where we live is of course very
limited. What we can do is provide a legacy of our wealth and
wisdom to equip our families for their future in the best way
possible.
Our approach is to keep things as simple as possible, to help
you plan and protect what you have accumulated through life
and to give your family the financial security they deserve.
We provide an ‘at home’ service at a time to suit you, and
without it costing you typically outrageous legal fees found
elsewhere in the legal market place.
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5. 4
Skype Wills
A face-to-face appointment will always work best, the next
best thing if you are neither local nor able to find the right
time to arrange a meeting, we can always use the internet and
Skype’s video conferencing facility.
Everything else remains the same and we can conduct the
business from the comfort of your own home.
Simply get in touch with us and we will be happy to arrange a
Skype appointment.
6. 5
About Wills
If you’re reading this, you’ll hopefully have decided that a Will is a good
move; it adds certainty to what happens after death, saves time, and will
also minimise the administration costs to be incurred at that time.
The alternative is the 1925 Law of Intestacy taking this matter out of your
family’s control and imposing an archaic set of rules on the distribution of
your estate.
In your Will, you get to choose who will carry out your instructions
(your executors) and if money is held on trust for children under 18
(your trustees) and at what age your children will inherit, why not at 21
or 25 for instance.
If you die leaving your children under 18 orphaned, would you want
them to go into foster care, or be cared for by people you’ve chosen and
named in your Wills (their guardians)?
You may wish to leave specific gifts (money or items) to friends or
charity, without a Will, it won’t happen.
Many of us will include a ‘Will Trust’ to protect an inheritance for a
vulnerable beneficiary.
7. 6
Business Assets
Succession planning is no less important where there is a family
business. It will have helped create the wealth your family has lived off
and benefited from, so your desire to protect it and pass it on will be
particularly strong.
Running your own business is stressful enough these days without
wondering who would run it if you suddenly departed this World or
couldn’t manage it anymore. If you haven’t experienced this kind of
trauma, you can count your blessings, the chances are that you probably
won’t give it the time of day it deserves, but it will still be in the back of
your mind telling you that you should do something about it.
If your business is eligible for Inheritance Tax relief, you really should pass
it on through a discretionary trust set up by your Will, otherwise it could
cost you or your family dearly in the future.
8. 7
Don’t Buy A Cheap Will
It’s unwise to pay too much, but it’s worse to pay too little. When you
pay too much, you lose a little money — that is all.
When you pay too little, you sometimes lose everything, because what
you bought was incapable of doing what it was bought to do.
The common law of business balance prohibits paying a little and
getting a lot — it can’t be done. If you deal with the lowest bidder, it is
as well to add something for the risk you run, and if you do that you will
have enough to pay for something better.
Testimonials
Rob really knows his stuff. I was greatly impressed by his knowledge but
perhaps, even more impressed by his prompt, friendly and very helpful
approach. My partner and I were very happy with the ideas that he
suggested for us and he had them sorted in no time, and at a very
reasonable price. D Hornsby, Leics
We referred a close friend to Rob as she was getting on in years and
needed assistance with making her Will. Rob was extremely trustworthy,
professional and easy to talk to and made the whole process easy for
her to understand. We have no hesitation in recommending Rob in the
future. Thank you Rob. S & D Smith, Leics
We cannot speak highly enough of Rob Abell from Will Planning Solutions.
His very friendly, careful and methodical approach helped us to resolve a
very complex set of circumstances into a very satisfactory result. We have
no hesitation in recommending Will Planning Solutions to anyone needing
a Will, Trust or Lasting Power of Attorney. G Diffey, Rutland
9. Why Use Us?
We will always offer you a free initial consultation.
Our aim is to provide straight forward logical advice that will help you
decide what it is that you want to do.
We pride ourselves in explaining your options in plain English, so you
understand them, and can discuss them later with other family members,
if that is your wish.
Our business operates in a professional and ethical way. We charge fair
fees for the work involved. If at any time you are dissatisfied with our
service, we won’t quibble about giving you your money back.
The Institute of Professional Willwriters
Founded in 1991 it is an established organisation that is owned by its
members and is managed by a Council of eight members who are
elected by the membership.
It exists to promote the importance of making a Will to the general
public, to promote its members services and to ensure those services are
delivered professionally, ethically and competently.
All IPW members have Professional Indemnity Insurance cover of a
minimum of £2 million for each client and it is mandatory for members to
comply with a consumer-facing ‘Code of Practice’ which is approved and
regulated by the Office of Fair Trading.
The Institute also campaigns for it to be compulsory for all Willwriters
to be part of a regulatory regime for the protection of the general
public and to help give the sector and Institute members wider
recognition and credibility.
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10. 9
You can’t take it with you.
Our long term aim in life is to pass on a legacy of moral values and
guidance to the next generation, based on our own life experiences and
knowledge we try our best to do this every day, don’t we?
So transferring our financial stability and security is also a crucial task and
equally as important. Unfortunately life isn’t simple these days, wealth
management and preservation has become technically complex and due
to our very nature, we are all going to want something slightly different.
Our priorities may also change through life whether it is family focused,
meeting cultural expectations or quite simply who you get on with the
best. So your plans need to keep pace with you through life.
It is always going to be sensible to make plans in advance, then you will
know what is going to happen if things take a turn for the worst, and
taking care of your own affairs (because let’s face it no one knows them
better than you do) is actually a satisfying approach to succession
planning. You owe it to your family.
11. 10
How much do you trust your children?
There is some correlation between wealth and happiness and there is
increasing evidence that earning it yourself creates stronger relations
than if it is inherited. Money, we know can cause conflict particularly
where there is no clear instruction left by the deceased.
Economic turbulence and the pace of life has a direct impact on people
and family relationships. We would all wish to be in a stable loving
relationship with happy well adjusted children but this is not always the
case, so it’s no wonder that the issue of disinheritance can raise its head.
Around 10% of the wealthy plan on cutting a family member out of their
Will, and it is opening the flood gates to a wash of claims under the
Inheritance (Provision for Family and Dependents) Act 1975.
So my message to you is plan in advance with the right professional help;
experts in their field exist for good reason so use them.
12. Are you m
Spouse gets it all
Spouse gets £250k and
life interest in half the
remainder, balance to
children.
Do you have children?
Spouse gets £350k and
life interest in half the
remainder, balance to
parents.
Do you have parents?
Spouse gets £450k and
life interest in half
the remainder,
balance to brothers
and sisters
Do you have
brothers or sisters?
Spouse get it all.
Is your estate worth
more than £450k?
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Intestacy
Example Case
So if you are married with 2 small children, one of you dies suddenly, the survivor only gets
everything up to £250,000 & personal possessions, anything over this amount is divided
into two; half goes to the children at 18 or earlier on marriage, half is held in trust to
provide an income to the survivor, and on death then goes to the children in equal shares
13. ou married?
Do you have children?
Do you have parents?
Do you have brothers
and sisters?
Do you have
grandparents?
Do you have uncles
and aunts?
The Crown gets it all
Shared equally between
them.
Shared equally between
them.
Shared equally between
them.
Shared equally between
them.
Shared equally between
them.
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14. 13
Risks facing your family’s money.
Most of us agree that succession planning for our wealth is important.
The question is when to do it? It’s no wonder we’re nervous about
handing over control and ownership of our wealth whilst we’re alive,
giving it away now can be part of a plan but the dilemma is you might
need it later on because let’s face it, we’re all living longer. 1 in 6 of us
alive today will reach a 100, so ‘how’ you manage the transition of your
wealth is crucially important. It is possible to give it away now and still
keep control of it, so why not ask us how?
Your wealth has literally taken you a lifetime to build, so it would be
devastating to see some (or all) of it disappear in Inheritance Tax or Care
Home fees and deprive your family of their ‘rightful’ inheritance.
You can do something about it. Placing your assets in Trust is a cost
effective option and it will probably solve a multitude of other issues at
the same time too.
15. The 6 Main Risks Facing Your Estate Are...
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Probate costs are always far higher than people expect, typically 3%
of the value of your estate, let alone the inconvenience and
substantial delay in administering it.
Inheritance tax applies if your assets are above the Nil Rate Band
threshold. A carefully constructed plan will be needed to manage
your way out of it.
Sideways disinheritance is where your partner remarries after your
death, doesn’t make a new Will and the whole estate is left to him/
her, disinheriting your own children, it happens more often than you
think.
Unreliable children/beneficiaries whether it be drink, drugs,
gambling or even an unfortunate divorce, could see your hard
earned inheritance to them wasted. It is a problem you can solve
with our help.
Incapacity and ‘means testing’ for Care Home fees can be
devastating to your estate & your children’s inheritance.
Anyone (with just cause) can contest your Will if you fail to make
reasonable provision for them. By using a Discretionary Trust you
can avoid this and succeed with your plans.
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Life’s C
Retirement
of 19 Years
Working
& Life of 4
DEATH
65
84
ChildrenLeaveHome
Clear Mortgage
Grandchildren
You Retire
Parental Legacy
ParentsIHT
BillTo
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EquityRel
ease and IHT Investments
Pens
Savings and ISA’s Life Ass
Mortgag
W
ill and Lasting Power of Atto
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ifting and 7
Year Rule
IH
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Risk Planning Zone
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DeedofVariation
PrepaidFuneralPlan
Life’s Cycle
17. 16
s Cycle
Child or Minor
king Career
of 47 Years
BIRTH
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16
18
Can Start Work
Adult
Marriage, Civil Partnership
O
wn Home
StartFamily
Pensions
Assurance
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tection
tgage Debt
Attorney
When you have identified where you are in
“life’s cycle” you will no doubt appreciate the
importance of “doing the right thing at the right time”,
planning in advance works, leave it too late and the
opportunity is lost forever.
18. Do I Need A Trust?
Trusts are not just for the rich and wealthy, they are there to help
everyone, so if you are struggling to know what to do about a particular
issue, the first step is to discuss it with us. A trust might help.
Imagine if one of your children had learning difficulties and after your
death is likely to be supported by State benefits. If you leave your estate
(or part of it) directly to that child, their wealth will then be used (in place
of the State benefits) to fund normal everyday living expenses. Now
imagine the money being held in trust for the child’s benefit, for life. The
money is there to enhance that child’s quality of life, in addition to the
State continuing to pay normal living expenses – so a smart move.
There are different types of trusts so selecting the right one has to be
done with care and good advice; you can either set one up now whilst
you are in reasonable health or on your death by stating the terms of the
trust in your Will.
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19. The Family Protection Trust
Many clients are concerned about protecting their estate to ensure that
all of their assets will ultimately pass to their children (or other chosen
beneficiaries) and cannot be eroded by any means, either before, or after
their demise.
There are many good reasons to use an FPT (Family Protection Trust),
some of which are mentioned on page 14 of this booklet.
If the bulk of your assets are held in a Family Protection Trust now,
through us, they will avoid probate fees in the future on your death, and
that’s a significant cost saving to be made. Probate typically takes well
over 12 months as well, the Family Protection Trust will avoid this, yet
another good reason to consider doing it now.
Having transferred the majority of your assets into an FPT, life continues
exactly as before and you retain full access to and benefit from all of your
assets. You have the power to “hire and fire” the professional Trustees so
you retain a 100% control. There are no annual fees to pay either.
Please ask us to sit down with you to explain the FPT in more detail, you
will find it a real eye opener.
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20. What about a Lasting Power of Attorney?
So you haven’t died just yet, however, imagine that you are not capable
of managing your own finances any more, whether through mental or
physical incapacity. Life for those around you will be doubly difficult to
help you, so why not make it easier for them and appoint people you
trust? You could do it right now.
Without LPA’s (Lasting Power of Attorney) in place, friends or family have
to apply to the Court of Protection. The Court appoints a Deputy, it
takes 6 months to get their approval making life in the mean time very
challenging, it is far more expensive and the Deputy is then legally obliged
to record everything they’ve spent on your behalf every year and submit
it to the Court. The choice is yours.
There are two types of LPA, one relates to ‘property and financial affairs’
and the other, an individual’s ‘Health and PERSONAL welfare’
(everyday living) issues. Without both in place your family or carers ability
to help you will be severely limited. It makes sense to have Wills and LPAs,
in place, now.
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21. Advanced Medical Directives
Also known as a Living Will in the past, however it is far from being
anything like a Will.
It is a crystal clear statement of your right to refuse medical treatment at
a time when you won’t be able to make such a decision and
communicate this to your medical attendants.
It should set out exactly which treatments you don’t want in the future,
such as life-saving or sustaining treatment, at a time when you may
already be suffering from any kind of dementia, lasting brain damage,
motor neurone disease, cancer or any other condition of comparable
gravity.
On the other hand if you want to choose someone to make these
decisions about your treatment, you will have to make a ‘Lasting Power
of Attorney – Health & Welfare’ document.
There is nothing to stop you setting up both documents.
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22. Funeral Planning
Pre-paying your funeral sounds a rather macabre thing to do, but put
that thought to one side for a minute and give some consideration to the
many benefits.
First, your family will be glad you did it, it will save them the job of
organising it immediately after you have passed away. I can speak from
personal experience on this one and believe me, it was a great help.
Other good reasons; you choose the funeral you want and pay for it at
today’s prices, relieving your family from the financial burden and fixing
the cost as well.
Your funeral director’s fees are guaranteed to be fixed, you can
personalise the arrangements to reflect your wishes and if you use a
Golden Charter plan they will make a small donation to the Woodland
Trust to continue creating woodland across the UK.
For details of Woodland Trust sites in the UK please visit:
www.woodlandtrust.org.uk
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23. Keeping On Top Of Things
We all know about getting our own affairs in order, so why don’t we do
it? Well it is a mundane task for starters and let’s face it, there will always
be something better to do with your time.
Spare a thought for your family or closest friends, if you suddenly died,
who would know where everything is? My aim in this booklet is to help
you set up a number of things, Wills, Power of Attorney and so on. Some
will cost you hard earned money whilst others are free.
Have you done any of the following yet?
1. Organised your private papers in a file
2. Reviewed your finances on a regular basis
3. Made a list of your bank and building society accounts, premium
bonds, investments and so on
4. Written down your login & password details if you use a
computer
5. Decide what you want or don’t want at your funeral
If not, ask us to help steer you in the right direction – you will be glad
you’ve done it and so will your family!
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24. Will Planning Solutions
Professional Will Writing & Estate Planning Made Easy
Compliant with the IPW Code of Practice
www.ipw.org.uk
Take the pressure off your family.
Passing on your estate will probably be the biggest
financial transaction you’ll ever do, & without a Will
the Government will make your decisions for you,
and that’s not a good position to be in, now is it?
Robert Abell MIPW ACMA CGMA
Will Planning Solutions Ltd.
www.willplanningsolutions.co.uk
info@willplanningsolutions.co.uk
Freephone tel. 0800 083 1374
Local tel. 0116 278 4862
If you’ve finished with this booklet,
don’t just throw it away, please pass
it on to a friend, neighbour, or relative
you think it may benefit.
www.willplanningsolutions.co.uk