Not everyone is comfortable discussing what happens when you die, however, there are a lot of benefits to writing a will. At Adroit, we work closely with individuals – and sometimes their families and friends, too – to understand exactly how they would like their assets to be distributed in the event of their death. Our will writing experts will incorporate such wishes into a will.
Anyone who subscribes to the National Bereavement Service (NBS) is provided with a will free of charge, delivered by Adroit.
There are a few key things to consider when it comes to writing a will. They include:
This is the person or people appointed to safeguard an individual’s possessions, pay their debts and ensure the instructions in the will are carried out.
An Executor can be anyone over 18 years of age, even if they are a beneficiary of the will itself. People who are leaving everything to one person usually make them the only Executor out of convenience. With more complicated estates, and where children are involved, we advise appointing at least two Executors. In some cases, it may even be preferable to appoint a professional executor such as a solicitor or a bank.
When children under the age of 18, or those with specific health or mental issues, a will can be used to appoint a Guardian in the event of the loss of a parent. This tends to only come into effect if the child or children’s other parent has also passed away.
The will and naming of a Guardian can lay out details of a child’s future day-to-day care, as well as information about any fund which has been made available to help with expenditure.
- Funeral arrangements
A will can be used to specify a person’s wishes concerning their funeral arrangements, including whether they want their body to be buried or cremated, and if they are willing for their body to be used for medical research.
- What happens if you die without a will
Someone who dies without having made a will, dies ‘Intestate’, meaning their estate is distributed according to the rules set by Law. These rules do not cater to an individual’s specific wishes and can mean a person’s family members may benefit from assets when they wouldn’t ordinarily do so. In some circumstances, the assets of someone who dies without a will may pass to the Crown.
What is a Will Trust?
A Will Trust is created within a will to protect property and other assets an individual wishes to pass on to their family. The individual sets up the conditions of the trust in their will and it activates upon your death.
A Trustee is someone who is appointed to manage the trust on behalf of its beneficiaries – those who receive the income of the trust.
Will Trusts have commonly been used to help couples save on Inheritance Tax. But trusts have several complex tax complications, so expert legal advice should be sought by anyone wondering whether a trust would benefit their loved ones.
How do I leave a legacy?
Anyone who has money or assets in their estate that belongs solely to them can leave gifts – or ‘legacies’ – to specific individuals in their will.
Any gift left to a child should come with a disclaimer about the age at which they will inherit, or they might be able to legally force the use of it at the age of 18.
The Executor of the will is responsible for distributing specific legacies included in a will.