Wills

Wills

Who will inherit?

Wills2023-03-09T11:14:23+00:00

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Everyone aged 18 or over needs a will, so why do so few of us have one?

A will is a legal document that describes how you want your assets and wealth to be distributed after your death. Many people assume that their assets and wealth will automatically pass to their spouse, partner, or children upon their death. This is not always the case. A well-considered and professionally prepared will is required to ensure that your wishes are carried out on death. We can help make sure that happens.

Will

Who will inherit?

What, who & how?

The reality is that not making a will can create all sorts of problems for family and friends you have left behind. This often means that those you wanted to benefit from your estate don’t.

How can we help?2023-03-01T11:27:02+00:00

Asset Wealth Protection work closely with the specialist Probate team provided by Countrywide Tax & Trust Corporation Ltd. They are experts in dealing with all aspects of Probate and have a sympathetic and patient approach when dealing with bereaved relatives and will happily arrange a visit to discuss your requirements in the comfort of your own home.

As part of the Probate Service, we can also offer you independent advice on the Will itself and may, under certain circumstances, recommend that a Deed of Variation be set up in order to vary the Will. This process would provide greater protection for the beneficiaries inherited wealth and careful planning at this time can further preserve your family wealth.

This process must be executed within two years of death and needs to be with the agreement of the beneficiaries affected.

How can profession advice help?2023-03-01T10:37:53+00:00

It is important that you choose your attorney very carefully. You should choose people you can trust to act in your best interests, giving consideration to how they manage their own affairs.

You can appoint a friend, relative, or a professional as your Attorney which allows them to act on your behalf.

We specialise in helping you select a suitable attorney and also how and when they are able to act for you. Once registered, you are can rest assured that your attorney will manage your affairs according to your wishes.

How can profession advice help?2023-02-28T15:30:17+00:00

It is likely you wish for your beneficiaries to enjoy their inheritance, after all, this is the reason why you made a will leaving your assets to them.

With the strategic use of Trusts, Asset Wealth Protection can ensure that your children and grandchildren are able to benefit from the inheritance you want them to receive with the maximum possible protection from divorce, remarriage, taxation and creditors.

With our professional help, we can help you to set up the correct type of planning to solve all these problems. Our expertise will ensure that your assets are both fully protected and immediately available to your loved ones after you are gone.

How can i protect my assets for my beneficiaries?2023-02-28T15:29:42+00:00

Protecting your wealth and ensuring it remains protected for future generations is our specialism. We use existing legislation to ensure your assets and your wealth are protected throughout several generations.

Structuring the ownership of your assets differently gives your beneficiaries complete control of inherited assets and stops any unintended recipients accessing them.

What happens if i leave my estate to my beneficiaries directly?2023-02-28T15:29:09+00:00

When assets are distributed to beneficiaries “absolutely”, i.e. they receive cash, property or other assets directly, these assets are considered to be part of the beneficiary’s estate and are at risk from any future divorce settlements, creditors and taxation.

For example, if your son or daughter get divorced after receiving their inheritance it is likely that their spouse will receive half of what you left your child in their divorce settlement; this may not be what you originally intended.

If you leave your assets to your spouse and they require residential care, there is a risk that your wealth will be used to pay for their care fees, reducing the amount your beneficiaries could receive.

How can profession advice help?2023-02-28T15:18:35+00:00

Should you or a family member require Long Term Care we can provide help and advice in relation to a number of issues that could arise. Where a financial assessment is required, we can assist with this and ensure that the correct approach is adopted by the Council or Local Authority and that all the necessary processes are followed. For example, has a Continuing Healthcare Assessment and a Needs Assessment been conducted?

When it comes to moving into a home, we can provide advice on the appropriateness of the contract for the placement, and we can continue to liaise with a Local Authority or Council on your behalf if issues arise on the outcome of a financial assessment

What happens to my assets if i don’t have a will?2023-02-28T14:15:18+00:00

If you die intestate (without a will) the Law leaves joint assets to the surviving joint owner and the first £270,000 of your individually owned assets to your spouse, plus half the remainder, with the other half of the remainder passing in equal shares to your children.

If you are not married or in a registered civil partnership the Law leaves your assets to your children or, in the event you have no children, to your parents. This means that if you have lived with your partner for many years and have chosen not to marry, and have no will, you have no legal right to inherit their assets. In the worst case scenarios where relatives cannot be traced, your assets will be taken by the Crown.

This may not be what you would have wished for. Why leave it to chance – making a will give you peace of mind that your assets pass to your chosen beneficiaries.

Who looks after my children if i don’t appoint guardians in my will?2023-02-28T14:14:10+00:00

Your will should name the people you would like to become guardian for your dependant children should they become orphaned. Many people wrongly assume that grandparents, aunts, uncles or another family member would automatically become a guardian, however your family may not get any say in this decision because under current Law it is the state that decides.

Whilst the state are assessing who would be the most suitable guardian, your children could be taken into state care to satisfy the state’s responsibility for their well being.

How often should i review my current will?2023-02-28T14:13:55+00:00

Having made a will, you have made a step in the right direction, however, your circumstances, your wishes and the Law can change and affect your planning.

As an example, the Residence Nil Rate Band was introduced on 6th April 2017, this change could significantly increase the value of assets you can pass to your beneficiaries, however if your will is not structured to benefit from this then your beneficiaries may be losing out.

Ideally, we recommend you review your will annually to ensure it still reflects your wishes. In addition, we recommend you review you will when you have a change in circumstances such as marriage, receipt of inheritance or having children.

Benefits with
Asset Wealth Protection

For too many people, their estate planning is a last-minute scramble and not something they think about until it’s too late. But the truth is: your wealth and its future, is something that needs attention NOW. The sooner you start protecting it, the more time you give yourself and your family to enjoy it.

  • Protect your Family Home

  • Protect your Family

  • Protect your children

  • Protect your yourself

  • Protect your parents

  • Protect your pension

  • Deferring CGT on property disposal

Our services

Other services we offer

Asset protection

Asset Protection goes way beyond finances. It’s all about protecting your family’s assets and wealth for future generations.

Power of attorney

Our Power of Attorney service exists to ensure that you never lose control over your assets.

Probate

If you’ve ever lost a loved one or friend, you know the loss comes with a lot of paperwork to be completed.

Preserving your wealth

Although the future is uncertain, we will work in partnership with you to ensure your wealth transcends multiple generations.

Protecting your family’s future

We’re here to help you give your family a life without limits.

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