Wills

As specialist Will solicitors, the lawyers at Evolve Family Law are keen to ensure that families understand the legal complexities of Wills and the family home and have Wills that reflect their wishes and meet their family's needs. For expert estate planning advice and help with your Will call our team of specialist Will lawyers or complete our online enquiry form. In this article, Will solicitor Chris Strogen looks at: Joint property ownership and estate planning Wills and joint ownership of property The family home and your Will Severing a joint tenancy The family home and estate planning options Reviewing your Will Joint property ownership and estate planning When you make a Will, it is crucial to check if you own any jointly owned property as joint tenants or as tenants in common with your co-owner. The jointly owned property could be: The family home A holiday home A buy-to-let property Investment property Commercial property Whatever the purpose of the property, a quick check with the land registry can establish if you and your co-owner (or co-owners) own the property as joint tenants or as tenants in common. Wills and joint ownership of property The different types of joint ownership of property are important when buying a property and when estate planning because: Joint tenants - co-owners automatically inherit property owned as joint tenants even if the deceased co-owner made a Will. Tenants in common- if one co-owner passes away, then their share in the tenancy in common owned property passes by their Will. If they have not made a Will, then their share in the property passes under intestacy provisions. The family home and your Will Many people assume that they don’t need a Will because if they die first, the house will automatically pass to their partner. That is not correct if you own the property as tenants in common. Even if you own a house as joint tenants, you should still have a Will. This is because a Will records what happens to other assets, such as household contents, your car, any savings or other property. When discussing your financial and family circumstances with your Will solicitor, you may decide that the best option for you is to sever the joint tenancy so your share in the family home passes under your Will rather than automatically to your co-owner. An estate planning lawyer will advise you of your options and how to write a Will that potentially could: Minimise the risk of family members claiming a share of your estate because they think that reasonable financial provision was not made for them, and Reduce the amount of inheritance tax payable by your estate. Severing a joint tenancy If you jointly own a property with a co-owner, you may realise that you don’t want your co-owner to inherit your share in the property. For example: You may own a family home with your former husband or ex-wife, or If you have children, you may want your children to inherit your share in the property. This could be achieved by leaving your share in the property to them in your Will or creating a Will trust so your partner has the right to live in the property for the remainder of their life, but your share in the property then passes to your children, or You may own an investment property with a sibling or friend. To avoid your co-owner inheriting your share of the jointly owned property, you can sever the joint tenancy so you hold the property as tenants in common. If you sever the joint tenancy, there are three points to note: You don’t need your co-owner’s agreement or consent to sever the joint tenancy. You need to make a Will, as without a Will, your share in the property will pass under intestacy rules. If you have an existing Will, you should consider reviewing the Will to ensure that it is up to date, inheritance tax efficient, and that you have minimised the risks of your Will being challenged. If you sever the joint tenancy and your co-owner passes away, their share of the property will pass under their Will or under intestacy rules. If the joint tenancy had not been severed, the property would have passed automatically to the co-owners upon the death of the first owner.   You might also be interested in [related_posts]   The family home and estate planning options If your family circumstances are complicated, you may be concerned about deciding on whether to make a Will, review your Will, or decide on whether to own your property as joint tenants or as tenants in common. You may be concerned about leaving your share of the family home to a new partner, as you feel the need to balance the needs of your new partner with those of your children from a previous relationship. There is a range of estate planning options to help you achieve a balance you are comfortable with. For example, you could give your partner a life interest in your share of the family home, allowing them to continue living in the property. However, if they sell or pass away, your share of the property will then pass to the beneficiaries named in your Will. Reviewing your Will You may have made your Will many years before you bought your jointly owned property, or the value of your estate may have changed. That is why it is important to review your Will to ensure your share of your property passes to the person or people you want to leave it to. By reviewing your Will regularly, as family and financial circumstances change, you can minimise the risk of your Will being challenged and protect your loved ones. For expert estate planning and help with your Will call our team of specialist Will lawyers or complete our online enquiry form.

Whether your estate will be liable to pay inheritance tax and the extent of the bill depend on a few factors. In this article, our estate planning solicitors outline the current inheritance tax rules.   Call Evolve Family Law for specialist estate planning and Will advice or complete our online enquiry form.   What is inheritance tax, and how much is inheritance tax? Inheritance tax is paid upon a UK-domiciled person’s death if their estate exceeds their IHT threshold (known as the nil rate band). Over the last 15 years, more estates have been left footing inheritance tax (IHT) bills on the death of a loved one because: Property values have risen, and Tax thresholds and exemptions have not increased with inflation. How much inheritance tax is payable?  If a deceased’s estate amounts to more than the nil rate band, then inheritance tax is payable at 40% by the estate. The nil rate band The tax-free inheritance tax allowance, also known as the nil rate band, is £325,000. The allowance has not changed since 2010, but it could be increased or reduced in future budgets. The inheritance tax rate The IHT rate is 40% of anything in your estate over the £325,000 threshold. However, special rules apply if: You are passing on a family home, or Some or all your estate falls within an IHT exception. Passing on a home The value of a family home is included in the value of your estate, but you will avoid paying IHT at 40% on the value of your family home if you leave your house to your husband, wife or civil partner. IHT rules also allow you to pass on a home to a family member with an extra £175,000 of tax-free threshold, so the total nil rate band is £500,000. The rules say the family home must be left to either: Your children – this includes adopted, foster and stepchildren, or Your grandchildren. To qualify for the additional nil rate band, the estate must be worth under £2 million. Exceptions to the payment of inheritance tax There are several ways for individuals to reduce the inheritance tax burden payable by their estate, such as: Giving money away during life, known as lifetime gifting. Putting money into a trust. Leaving money to charity. Business or agricultural reliefs. Leaving the estate to a spouse or civil partner – no tax is payable on the death of the first spouse, but tax will be payable on the death of the second spouse. There are complicated rules relating to inheritance tax planning, such as rules on taper relief. The rules are different if the deceased was not domiciled in the UK at the time of death. These tricky rules mean that it is always sensible to take professional legal advice on your Will and effective estate planning options. Lifetime gifting If you give away an asset, including a family home, there is usually no IHT to pay if you survive for seven years after making the gift. If you die within seven years of making the gift, then the amount payable in inheritance tax is tapered. If you continue to have an interest in the property that you have given away, HMRC may consider this a gift with reservation. HMRC could say the asset remains part of your estate when calculating liability for IHT. An example of a gift with a reservation is the transfer of the family home to your children during your lifetime, and you live in the property without paying your children market rent. If you unreservedly give property away but do not survive seven years from the date of the gift, then the seven-year tapering IHT rules will apply if the total value of gifts made in the 7 years before you die is over the £325,000 tax-free threshold. Taper relief rules The taper relief rules for gifts and payment of IHT are: Years between the date of the gift and death  Inheritance tax rate on the gift 3 to 4 years 32% 4 to 5 years 24% 5 to 6 years 16% 6 to 7 years 8% 7 or more 0%   You might also be interested in [related_posts]   Small gifts and gifts out of income Under current inheritance tax rules, you can also give away some money or possessions free of inheritance tax each year. There are four main exemptions: Annual exemption of £3,000. Small gift allowance. Gifts for weddings and civil partnerships. Regular gifts out of income. Annual exemption of £3,000 The annual exemption allows you to give away a total of £3,000 worth of money or gifts each tax year without the money or the value of the gift being added to the value of your estate. The gift of £3,000 can be made to one person or split between several people. Under the current tax rules, you can carry unused annual exemption forward to the next tax year, but you can only do this for one tax year. The small gift allowance The small gift allowance enables you to make gifts of up to £250 per person. There is no limit on the number of people you can give the small gift allowance to. However, you can't use the small gift allowance if you have already gifted the same person money under a different allowance, such as a wedding gift. Gifts for weddings or civil partnerships Gifts for weddings or civil partnerships allow you to give a tax-free gift to someone who is getting married or entering a civil partnership. The amount you can give depends on your relationship to the done. The current allowances are: £5,000 to a child. £2,500 to a grandchild or great-grandchild. £1,000 to any other person. Regular payments out of income If you make regular payments out of your income to a third party, then these are not classed as part of your estate and are not liable to IHT even if you die within seven years of making the gift, provided: You make the payments from your regular monthly income rather than savings, and You can afford the payments after meeting your usual living costs. An example of a regular payment would be an allowance paid to a child or financial support for an elderly relative. Leaving your estate to your spouse If you leave your estate to your spouse or civil partner, then they will not pay inheritance tax on the bequest – even if the gift is more than the inheritance tax nil band rate. However, this does not mean that no IHT is paid. On the death of the second spouse or civil partner, the estate will be liable to inheritance tax unless the second spouse can estate plan. Many families are blended with stepchildren and children from previous relationships. A Will maker (testator) may therefore not want to leave their entire estate to their spouse or civil partner. If an estate is left to a spouse without considering the needs of a child from a previous relationship, this may increase the likelihood of the Will being challenged. Whatever your family dynamics, it is best to take specialist estate planning legal advice. A Will solicitor can create a Will that provides inheritance tax efficiency and reduces the risk of the Will being challenged by a family member disappointed by the size of their inheritance. Wills and leaving your estate to your spouse Some people think they do not need to make a Will as their estate will automatically pass to their spouse under intestacy rules. This may not be the case depending on the size of the estate and how the assets are owned. There are other key reasons why you should make a Will even if you want to leave all your estate to your husband or wife: In your Will, you can appoint an executor to handle your estate. Your Will can say who your estate should go to in case your spouse predeceases you. A Will solicitor can ensure that assets will pass under your Will. People often assume that their assets will pass to their loved ones, but that is not always the case. For example, if you own property with a parent or sibling as joint tenants, then your share in the property will pass to your co-owners rather than to your husband or wife. A Will solicitor can check property ownership and, if necessary, sever the joint tenancy and convert your property ownership to tenancy in common so your share of the property passes under your Will. Estate planning Without estate planning advice, your Will may not be tax-efficient or may be vulnerable to challenge by an unhappy relative, such as a former spouse or a child who hoped to receive a share of your estate rather than your assets being left to a new husband, wife or civil partner. Our specialist Will lawyers can help you ensure that your Will limits your estate’s liability to pay IHT and protects your estate from challenges from potential claimants and challengers.   Call Evolve Family Law for specialist estate planning and Will advice or complete our online enquiry form.

Although society has changed toward unmarried relationships, the law on Wills and estate planning hasn’t kept pace. That’s why if you are in an unmarried relationship, it is essential to understand why you and your partner each need a Will.   For expert Will writing advice, call our team of specialist Will lawyers or complete our online enquiry form.   Wills and unmarried relationships If you are in an unmarried relationship, the law says that on your partner’s death: If your partner dies without a Will and intestacy rules apply, then as an unmarried partner, you do not get a share of the estate. That means you could be left with nothing unless you can make a court claim against the estate. As an unmarried partner, you can only bring a claim against the estate of a partner if your partner died intestate without leaving a Will, or they left a Will, but reasonable financial provision was not made for you in the Will, and you fall within one of two categories. These are a person who, for two years before the death of your partner, was living with the deceased as spouse or civil partner, although not married, or if you were being maintained by the deceased before the deceased’s death. That means to bring a claim as an unmarried partner, you either must prove a two-year relationship or dependency on the deceased. The estate cannot claim any married relationship-specific inheritance tax or capital gains tax exemptions or allowances.   Wills and married relationships When it comes to Wills and married relationships, unless you are a private client solicitor or have had advice from one, you probably won’t appreciate just what a difference a piece of paper makes, namely your marriage or civil partnership certificate. If your relationship has the legal status of marriage or civil partnership, then as a spouse or civil partner, you have: Intestacy law rights if your husband, wife or civil partner dies without leaving a Will, and The right to bring a claim against your husband, wife or civil partner’s estate if they leave a Will but the Will does not make reasonable financial provision for you, and Inheritance tax concessions as a spouse or civil partner, and Capital gains tax exemptions on transfers between spouses and civil partners.   Common law spouses and Wills As cohabitation is an increasingly popular form of relationship, and because many adults in the UK don’t have a Will, many people in unmarried relationships will be left in a financially vulnerable position on their partner’s death. Some people assume that they won’t have this problem as they are a ‘common law’ husband or wife, or because they have been in a relationship with their partner for over three or five years. These are all myths. There is no legal concept of a common law husband or wife. In law, you are either treated as married or unmarried.   You might also be interested in [related_posts]   What happens if my unmarried partner dies without leaving a Will? If your unmarried partner dies without making a Will, then their estate will pass under intestacy provisions. These are set out in statute. The intestacy rules say that the deceased’s estate will pass to: The deceased’s child, or if there is more than one child, the estate will be shared equally between the children (or their descendants). The child or children (or grandchildren) can get their inheritance when they reach the age of eighteen, or If the deceased doesn’t have any children or grandchildren, then their estate will pass to their parents, or if the parents have already passed away, to any siblings, or, if none, to more distant relatives. The intestacy rules can be challenged if you were in a cohabiting relationship for at least two years, or you were financially dependent on your partner, but that means court litigation against your children or your partner’s relatives.   What happens if an unmarried partner makes a Will? A Will sets out who should receive an estate or be left a gift out of the estate. If your partner leaves their estate to you, then the Will makes things a lot less complicated and far less stressful. Instead of having to make a court claim, you are entitled to the estate or gift. A legacy can only be challenged if another person successfully brings a claim against the estate. For example, saying the deceased did not have the capacity to make the Will at the time that the Will was executed because of a dementia diagnosis. Will solicitors say that if you are in an unmarried relationship, it is best to have a conversation with your partner so that you both know where you stand and to make a Will so that you and your family are protected in case your unmarried relationship is sadly brought to an end by the death of your partner.   Manchester and Cheshire Will solicitors For expert Will writing advice, call our team of specialist Will lawyers or complete our online enquiry form.

When private client solicitors talk legal jargon, it can be hard to take in what they are saying. It is tempting to just let their legalese wash over you, but if you are making a new Will with a Will solicitor or debating whether to sign a Power of Attorney, you need to understand what your lawyer is saying to you. In this blog, Will solicitor and legalese interpreter Chris Strogen explains the difference between the Executor of a Will and an Attorney in a Lasting Power of Attorney. For expert Will and Lasting Power of Attorney advice call our team or complete our online enquiry form. Will or Power of Attorney Do you need a Will or a Lasting Power of Attorney? Our private client solicitors say that, ideally, you need both as the documents are different to one another and serve different purposes. Many people don’t realise that they, and their relatives, need a Will and a Power of Attorney. They think that as they are an Attorney for a parent or grandparent, they don’t need to worry that their relative hasn’t made a Will. That’s not correct. The relative needs a Will and Power of Attorney. Here is how Wills and Powers of Attorney work separately: A Lasting Power of Attorney appoints Attorneys to act for you while you are alive. There are two types of Power of Attorney. The Power of Attorney ends on the death of the person who signed the document granting Power of Attorney A Will sets out how you want your estate administered after your death and says who will receive your estate. An Executor is appointed in your Will to administer the estate and arrange the distribution of money to your beneficiaries in accordance with your Will. A Will has no force or legal effect until the testator or Will maker has died. Therefore, an Executor of a Will has no rights to sort out the Will maker’s financial affairs, even if the Will maker has lost the capacity to make their own financial decisions A Will isn’t an alternative to a Lasting Power of Attorney and nor is a Power of Attorney akin to a Will. Both are necessary tools for an organised life. What happens if there is no Power of Attorney? Firstly, there are two types of Lasting Power of Attorney and they do different tasks. You can choose whether you want one or both types: Health & Welfare Lasting Power of Attorney – this type of Lasting Power of Attorney allows nominated family or friends (called Attorneys) to make decisions about the donor’s medical treatment and care needs if the donor cannot make decisions as they don’t have the capacity to do so Property and Financial Affairs Power of Attorney – this type of Lasting Power of Attorney allows Attorneys to manage the financial affairs of the person signing the LPA A Health & Welfare Lasting Power of Attorney doesn’t come into effect unless the person who signed it has lost the capacity to make their own health or welfare decisions. A Property and Financial Affairs Power of Attorney can come into effect when signed if that is what is required. For example, if a donor wants a relative to handle their financial affairs or a property sale whilst they are living overseas. If a person doesn’t have a Power of Attorney and a doctor assesses them as having lost capacity to make their own decisions then the fact that they are married or have a Will with a named Executor doesn’t give the spouse or the Executor the legal right to act on the person’s behalf even though they have their best interests at heart. Instead, there is a legal limbo situation until an application is made to the Court of Protection for a Deputy to be appointed. The Deputy may be the person’s spouse or Executor in the Will, but most financial institutions won't act unless there is either a registered Lasting Power of Attorney or order from the Court of Protection. Most private client solicitors recommend signing a Lasting Power of Attorney to cover for the hopefully unlikely event of temporarily or permanently losing capacity in an accident or through ill health, such as a stroke or dementia. What happens if you don’t have a Will? If a person dies without a valid Will, it is called dying intestate. The law says that any money and property pass under intestacy rules. The fact that the person had signed a Lasting Power of Attorney giving financial authority to an Attorney is irrelevant as the Power of Attorney ceases to have effect on death. The intestacy rules are very rigid. They say how much of the estate goes to a surviving husband or wife or more distant relatives if there is no spouse or children. This can produce very unfair outcomes when cohabiting partners or stepchildren won't be entitled to receive anything under the intestacy rules and an estranged cousin will inherit the entire estate unless the intestacy rules are challenged by a court application. [related_posts] Should the Attorney and Executor be the same person? A person can be an Attorney and an Executor of a Will but there is no requirement to appoint the same person. Most people prefer to appoint two Attorneys in a Lasting Power of Attorney so there is consultation before important decisions are taken. Most Wills include two Executors as that is necessary if the deceased owned property or if there is a trust because there are minor children. Choosing an Attorney and executor is very much a personal choice. Your choice may depend on the type of Lasting Power of Attorney you are signing. For example, your husband or wife is likely to be your preferred choice of Attorney for a Health & Welfare Lasting Power of Attorney but you may want to appoint your Will solicitor as the Executor of your Will as the solicitor will be handling the administration of your estate and ensuring that assets are sold and money distributed to your loved ones as quickly as possible. Whoever you choose to be your Attorney or Executor it is important to check with them first to ensure they are willing to act as an Attorney or Executor or both. That’s because both roles come with legal responsibilities that won't suit everyone. Making a Power of Attorney or Will Whether you are signing a Power of Attorney or a Will, both types of documents are all about forward thinking and planning. Our experienced Will and Lasting Power of Attorney solicitors can advise you on your choices to help you finalise a Power of Attorney and/or Will that reflects your wishes. For expert Will and Lasting Power of Attorney advice call our team or complete our online enquiry form.

Some people want to change their name after their divorce. Others worry that it will mean they have a different surname to their children. In some situations, a woman is told to change their name back to their maiden name because their ex-husband doesn’t want them to continue using his surname. In this blog, our Northwest divorce solicitors look at the law on changing your name and how to go about it if you decide to do so after your divorce. For expert divorce advice call our team of specialist divorce lawyers or complete our online enquiry form. Does your surname automatically revert to your maiden name after divorce? A woman's surname does not automatically change back to her maiden name upon her divorce. A conscious decision needs to be made. Our family law solicitors recommend you reflect on whether you want to use a different name than your married name and that you don’t allow yourself to be influenced by the views of your former spouse or family.  If you decide to change your name for a second time back to your married surname you can do so but it involves more paperwork. That’s why we suggest you consider your options rather than rush into a name change. It is also important to get the timing right. For example, you may not want to change your surname before a planned overseas holiday when your passport will be in a different name to your holiday booking or when you are a few days away from completing the sale of the family home. Changing your name after divorce  Anyone in England can call themselves what they want. There is no property in a name. By that, we mean that if you want to keep your husband's surname after your divorce you are free to do so. There is nothing he can do to stop you. Equally, you can change your first name, your surname or both names or revert to using your maiden name. How to go about changing your name You can call yourself what you want but you are likely to need evidence of your change of name. For example, if you want a new passport, to transfer your bank account into your new name or to buy a property.  If you are changing your surname back to your maiden name some institutions will accept your birth certificate, marriage certificate and final divorce order as sufficient evidence. Others may want a formal change of name deed. Our family law solicitors can prepare the change of name deed for you. We will ensure you receive sufficient certified copies so you can use the certified change of name deed with institutions such as banks, building societies, your employer, the DVLA and the passport office.  If you have a Will, you should keep a copy of your change of name deed with your Will and other important documents. When you get divorced you need to update your Will so it is sensible to sign your change of name deed before you sign your new Will. Our private client solicitors can advise you on your Will and your lasting power of attorney.  Registering a change of name deed You can register your change of name deed but there is no legal requirement or need to do so. An unregistered change of name deed document is referred to as ‘unenrolled’ and a registered one as ‘enrolled.’ Enrolling the deed involves an application to the Royal Courts of Justice and payment of a fee. Your change of name is then a matter of public record. [related_posts] Changing a child’s surname  Your decision to change your surname after your divorce may be influenced by whether your child can change their surname. A child can change their surname with the agreement of their parents and anyone else with parental responsibility for the child. If a parent or other person won't agree to the name change an application can be made to the family court for a specific issue order. In a specific issue order application, the judge decides on the child’s surname after considering the child’s best interests. Where a name change is agreed or the court orders a change of name a parent can sign a change of name deed on behalf of their child. The fact that a parent is not paying child support or a parent is not having regular contact does not mean that the court will order a name change. The court looks at the application from the perspective of the child and whether a name change would be confusing or beneficial.  Our family law solicitors can advise you on all aspects of parenting your child after a separation or divorce including advice on residence and contact, applying for a child arrangement order or reaching a parenting agreement through solicitor negotiations or in family mediation.  For friendly expert divorce advice call our team of specialist divorce lawyers or complete our online enquiry form.

There's a lot to think about when you are getting divorced. One of your priorities when separating will be the living arrangements for your children followed closely by your financial settlement and whether you will stay in the family home or get a share of your spouse’s pension or business. Your Will may be low on your list of priorities when you are in the middle of no-fault divorce and financial settlement proceedings. Our Will solicitors understand this but can quickly and efficiently sort out a new Will for you when you are ready to do so. In this article, our Will solicitors explain how a divorce affects your Will and why it's important to prioritise a new Will. For expert Will advice call our team or complete our online enquiry form. Does divorce cancel an existing Will? Divorce does not cancel a Will made during your marriage. However, divorce has an impact on your Will. If you are unaware of the automatic effect of a divorce on your Will you need to speak to a Will lawyer for advice and a new Will. Divorce does not: Revoke a Will made during your marriage Reinstate a Will made before your marriage Leave you without a valid Will – but depending on the terms of your Will all your estate could pass under intestacy rules despite your having a valid pre-divorce Will Divorce does: Leave you with a valid Will but your ex-husband or former wife is treated in law as if they died when the marriage ended by divorce Leave you with no or one less executor if you appointed your former spouse as an executor of your Will Leave all or part of your estate to be dealt with under the intestacy rules if you left all or a share of your estate to your husband, wife or civil partner and you did not say in your Will who would inherit if they died before you Many Wills made during a marriage or civil partnership appoint a spouse as the executor and leave the entire estate or most of it to the spouse or civil partner. This type of Will is worthless after divorce and needs to be updated quickly. Why do you need a new Will when you divorce? Separation or divorce should always trigger a review of your Will. You should not assume that if your former spouse won't inherit under your Will the intestacy rules will allow your preferred family member to inherit your ex-spouse’s inheritance. If you want your children to inherit your estate instead of your former spouse you may need to appoint trustees if your children will potentially be aged under 18 when they inherit. Making a Will allows you to decide the age when your children will receive their inheritance. You may want your children to receive their legacy at age 25 with a clause in the Will to give your trustees the power to advance income or capital to your children for agreed purposes, such as a house deposit or to help fund university fees. If you have a blended family with a new partner and children from previous relationships and step-children it is essential to consider signing a new Will. Under intestacy rules, unmarried partners and stepchildren don’t inherit a share of your estate. If you don’t sign a new Will there's a greater risk of the Will made during your marriage being challenged. For example, if your new partner won't inherit anything because the money left to your ex-spouse in your Will now passes to your wealthy parents under the intestacy rules. A Will prepared by a specialist Will solicitor can reduce the risk of your Will or the intestacy provisions being subject to an estate challenge and court claim alleging that reasonable financial provision was not made for a claimant. [related_posts] Can an ex-spouse claim a share of the estate even though they no longer inherit under the old Will made during the marriage? Depending on the financial settlement reached with your former spouse an ex-spouse can potentially claim a share of your estate by saying the Will and the intestacy rules don’t make reasonable financial provision for them. Ex-spouses can potentially make a claim on the estate if you did not obtain a clean break financial court order. In many divorce settlements, a clean break financial court order is inappropriate. For example, when there are young children or after a long marriage and there isn’t enough capital or equity in the family home to achieve a clean break. The court order may therefore include spousal maintenance. To reduce the risk of litigation against your estate your Will solicitor can advise you on how best to prepare a new Will. For example, you could include a trust in your Will and write a letter of wishes to your trustees so they have your guidance but the trustees can exercise their discretion to resolve an estate claim as cheaply as possible. The ability to settle a claim leaves more of your estate available for your intended beneficiaries. At Evolve Family Law our Will solicitors will ensure you get estate planning advice that is tailored to your personal and financial circumstances and are happy to advise if you think your existing Will needs reviewing because of a separation, divorce, new relationship, remarriage or a change in your beneficiary’s circumstances. For expert Will advice call our team or complete our online enquiry form.

If you or your husband or wife has a Will written before your marriage then what is its status after your marriage or civil partnership? It is best not to make assumptions and think that the Will either remains valid or that it is scrapped and invalid. Wills are governed by private client law and it is easy to get caught out. If you are the one who is left as a widow or widower assumptions can have devastating financial consequences for you. If you are a child from a previous marriage and your parent has passed away there can be equally devastating consequences from a parent not realising that they needed to make a new Will to protect you. In this blog, our Will solicitors look at what happens if you write a Will before your marriage or civil partnership. For expert Will and estate planning advice call our team or complete our online enquiry form. Wills written before marriage A Will can be written before marriage and be valid after the wedding BUT the Will must say it is being made in contemplation of marriage. When you make a Will in contemplation of marriage you include a clause saying the Will has been made in the full knowledge of your pending marriage to a specified person and that your marriage should not make the Will invalid. A Will made in contemplation of marriage is allowed under Section 18 of the Wills Act 1837. Since 2005 this also includes civil partnerships. Our private client solicitors recommend that you take specialist advice if you are thinking of making a Will in contemplation of marriage because if you get the wording wrong your Will could be invalidated by your subsequent marriage or civil partnership. The 1837 Wills Act says that you must: Name the person you are marrying – you can't say when signing a Will at age 18 that if you get married at some point in the future your brother won't get your estate and instead most of your estate will go to any future husband or wife The marriage or civil partnership must take place within a reasonable period. That’s normally at most a year. A long engagement or an engagement without a set ceremony date won't work for you If you made a Will in contemplation of your marriage but you are now not sure about its validity our Will solicitors can advise you on whether you need a new Will. For an appointment call our team or complete our online enquiry form. [related_posts] Wills invalid after marriage If you signed a Will before your marriage or civil partnership and it wasn’t said to be made in contemplation of your marriage or if it didn’t comply with the 1837 Act then the Will is invalid. That’s the case even if your Will left your estate to your fiancé. If there is no Will (because your old Will was revoked by your marriage or civil partnership) then your estate will be distributed under intestacy rules. This may mean that your husband or wife will get a lot less than you expected because of the way that intestacy rules work. It will also mean that any gifts to family, friends or charity won't be valid as your earlier Will was revoked by your marriage. Instead, other family members may end up sharing your estate with your husband or wife. That’s the case whether you were married for ten months or ten years at the date of your death. As well as your Will being invalid after marriage any careful tax and estate planning may be worthless. That means your estate could end up paying more in inheritance tax. Why the intestacy rules may not work for your family If you are getting married you need to consider: Signing a prenuptial agreement Sorting out insurance and pension nominations Writing a new Will in contemplation of your marriage or civil partnership or making an appointment to see a Will solicitor after your wedding If you die before your spouse or civil partner and there is no valid Will because your marriage revoked your earlier Will, the intestacy rules will apply. Under the current regime, your spouse or civil partner will either get all your estate or part of it. The rules say: If the deceased was married or in a civil partnership and has no children, all their estate goes to their spouse or civil partner If the deceased was married or in a civil relationship and has children, the first £322,000 of their estate and any personal possessions goes to their spouse or civil partner. Anything over £322,000 is then divided. The spouse or civil partner receives 50% of the balance over £322,000. The deceased’s children are entitled to the other 50% divided equally between them. This rule applies even if the deceased is estranged from adult children or an adult child is wealthy and has no need for an inheritance. However, if the deceased had step-children then under the law they don’t qualify as children so won't get anything under the intestacy rules Even if you think that the intestacy rules will result in fair estate provision you should still make a Will or a new Will after your marriage or civil partnership because: The intestacy rules could change Your assets could increase in value. For example, property prices or your receiving an inheritance You may want to cover what happens if you have children in the future. For example, leaving money in trust for them or appointing a testamentary guardian All your assets may not form part of your estate and be left under the intestacy rules. For example, if you bought a property jointly with a sibling as joint tenants then your share of the property will pass under the right of survivorship to your sibling and not under the intestacy rules You want to reduce the risk of your estate being the subject of an inheritance challenge as your spouse or child is unhappy with what they are receiving under the intestacy rules or a family member says the intestacy rules don’t make reasonable financial provision for them With the help of a specialist Will solicitor making a Will in contemplation of your marriage or after your marriage or civil partnership is straightforward - even where there are complex family dynamics or significant assets. Our private client advisors can focus on your goals and draw up a Will that does what you need it to do by reflecting your wishes and protecting all your loved ones. For expert Will and estate planning advice call our team or complete our online enquiry form.

Most homeowners are concerned about the cost of aging and funding later life care. If you have worked hard to buy a property the likelihood is that you want to be able to leave your property to your children rather than see your hard-earned equity disappear in paying care home fees. Our private client solicitors provide estate planning advice. We can advise you on your Will and answer your questions on estate planning. For help with your Will and estate planning call us or complete our online form. Trusts and care home fees  Our private client solicitors come across situations where parents have spent thousands in legal fees to transfer their family home into a trust in the belief that the money spent on fees represented good value for money because the trust would protect the family home from being sold to pay care home fees and ultimately save their family hundreds of thousands of pounds. When our Will solicitors come across these situations it is frustrating. We can often spot that the money spent on putting a home into a trust was wasted and would have been better spent on a luxury cruise for the homeowners or on helping grandchildren with a deposit for their first home. If something seems to be too good to be true it often is. You should ask yourself: If the trust scheme is so good why isn’t everyone doing it? If the trust scheme works why hasn’t the government closed the loophole?  If your parents or grandparents mention a care home scheme it should raise a red flag and sound the warning bells.  If you are tempted to put your family home into a trust or want to recommend a care home money-saving scheme to your parents, our private client solicitors recommend that you take advice from a qualified estate planning lawyer before you do so.    [related_posts]  Using trust companies to avoid care home fees  With many of these care home schemes, the idea is that a family home is transferred to a trust company so the homeowner is no longer the legal owner. The former owner therefore cannot sell the property to pay for their care home fees. That principle sounds fine as the homeowner is told they are legally protected by a trust deed allowing them to live in the property rent-free. The trust company is responsible for the management of the property and ultimately will hand over the property to the beneficiaries of the trust when the homeowner has passed away. There are many problems with setting up a trust and placing a family home into it. These include: You are no longer the homeowner. If you need to raise equity with a lifetime mortgage you cannot do so The local authority may say the trust is a sham and accuse you of intentionally depriving yourself of assets to avoid payment of care home fees. The local authority can refuse to accept that the property is really outside your control and you are then at risk of an expensive and time-consuming battle with the council. When conducting means testing for care home fees the local authority could say that as you have deliberately deprived yourself of an asset the value of the family home will still be counted and you are therefore ineligible for free care home funding. Ultimately, the council could claim costs in any civil litigation if they think the trust was deliberately set up to evade care home fees and you will have spent thousands in fees in a scheme that does not work and leaves you without control of your property  You may have placed your property in trust as part of an inheritance tax reduction scheme and thought the scheme costs were modest compared to the amount your estate could save in IHT. However, in some cases, homeowners have gone into these trust schemes without being aware that their estate would be exempt from inheritance tax or would only have a nominal bill to pay because of the available inheritance tax exemptions  An unregulated and unqualified advisor recommending a trust to you may not explain the inheritance tax implications of your passing away within seven years of placing the family home into the trust Estate planning  When our estate planning solicitors sit down with you, we will talk with you about your assets, family, goals and priorities. We will give you clear and honest advice about why getting a management company to place the family home in trust may be a bad and expensive idea. A trust may be a good idea for a limited number of people. However, anyone contemplating putting property in trust should take specialist advice from a qualified estate planning solicitor to ensure that you and your family fully understand the risk and come to an informed decision. For help with your Will and estate planning call us or complete our online form.