Author name: Dolores Dixon

First of all, a Lasting Power of Attorney is a document that is created and used during your lifetime (whilst you’re living). This is the opposite to a Will which is created whilst you’re living but actioned or used when you pass away. Both are incredibly important. A Lasting Power of Attorney (LPA) is a legal document which gives authority to specific people (your attorneys) to be able to make decisions for you regarding specific matters. There are two types of LPA; Knowing what the documents do, it’s pretty easy to understand what matters you’re granting power over but to give an example a Health and Welfare LPA gives attorneys the right to make decisions over your healthcare for example. Remember that all decisions made under an LPA must be made in the donor’s (your) best interest. With this in mind, why would you make one and when is the right time to create an LPA? Typically, an LPA is registered and used when someone is unable to make decisions for themselves but sometimes, it’s easier to have help from loved ones. If you need help with getting bills paid and online banking, a property and financial affairs LPA is a good idea.  An LPA cannot be made when you have lost mental capacity so forethought is important and planning needs to be done. Trust us when we say that it’s much more cost effective to have one in place with the hope that it is never needed rather than the alternative – not having one and needing to apply through the courts (Court of Protection) because someone needs to be able to handle your affairs. As an example of how it could go wrong, check out this video on our YouTube channel: https://www.youtube.com/watch?v=ztZWHiixUDg For more information about Lasting Powers of Attorney, check out this short video: https://www.youtube.com/watch?v=fXn2k8CA3lY In summary, the short answer to the question ‘When is the right time to create your Lasting Power of Attorney?’ is sooner rather than later or now. Final note on the subject of LPAs – Do remember that to register the documents (with the Office of the Public Guardian) there will be a fee. We will tell you whether you’re entitled to a remission (discount) on these fees. To book your appointment to discuss this, give us a call on 01304 577998.

This is an incredibly complicated subject and one that we are starting to hear more about as time goes on in the profession. There are lots of reasons why someone may want to benefit from an estate and the reasons that we hear a lot are; The term given to someone who doesn’t benefit from an estate when they expect to, is ‘disinherited’. Sometimes, the testator simply changes their mind and according to the laws of England and Wales, we are entitled to leave our estate to whomever we choose. This principle is known as ‘Testamentary Freedom’. It simply means that we have a choice as to what happens to our assets and who we want to benefit. Surely this means that if a testator (the person writing the Will) chooses to disinherit someone then that’s final? Not always… In some countries, family members will inherit regardless under what is known as ‘forced heirship’ but in England and Wales we can choose to give our estate to charity rather than have our children benefit if we wish. There are some considerations that need to be taken into account which erode the principle of testamentary freedom and sound a little more like forced heirship. Put simply, and whilst it’s not always the case, a child may choose to challenge a Will if they’re not happy. Not just a child either. If someone feels like they promised part of an estate, they may choose to challenge an estate.  In the case of Ilott v Mitson, an estranged daughter challenged the wishes of her mother who wanted to leave her estate to a charity as she felt like she was entitled to more! This case went to the Supreme Court. What will then happen under a challenge is that a solicitor will start to investigate whether you have a claim against the estate. These will be contentious probate specialists. In some cases there may be a claim under the Inheritance Act 1975 – also known as Inheritance (Provision for Family and Dependents) Act 1975. In the profession, we call this a 1975 claim. Here, and by way of an example, children may claim against the Will of their parents where they feel they have not been left ample or reasonable financial provision. In some cases where a challenge against a Will has been raised, the challenger may suggest that a ‘the Will’ is not the latest or newest Will or that the testator didn’t have capacity to make a Will in which case they may be looking to benefit from an intestacy or even from a previous Will which was more favourable. As mentioned above, it’s an incredibly complex subject and these are some issues that can arise if you make a Will yourself (DIY Will) or when you don’t seek the right advice. A key consideration here is that these issues and challenges don’t tend to raise their head or come to light until after you’ve died by which time, mistakes cannot be rectified and court cases are no-doubt costly. At SLS Wills and More, we take care to ensure that we understand if you’re looking to exclude anyone, who it is, and whether a claim could/might be made in the future. Additionally, we take detailed notes to support in the event that a future claim is made. Lastly, we provide advice to help ensure that your wishes can be carried out when you’re no longer around. If we believe there may be a challenge in the future, we will suggest how to prevent it being successful. All of this being possible because you’ve chosen a trustworthy professional with over 35 years experience to support you. Got a question, get in touch.

The lives of football players and their levels of wealth often seems like a world away for many people but we can use them as an example when it comes to estate planning. In this short article, we’re going to take a few stories from the press about footballers and relate it to Wills. Firstly – 17 year old Blackpool player Jake Daniels is the first professional player in England to come out as gay. When it comes to same sex relationships and Wills, in England and Wales, same sex civil partners or spouses are treated the same for inheritance purposes. This means that if a same sex couple are married or in a civil partnership any assets that pass between these individuals under the terms of their Will shall be exempt from inheritance tax. It also means that if no Will exists, they can benefit under the laws of intestacy. Secondly – Wages are considered to be astonishing in football, simply because it attracts incredible revenue and sponsorship and TV rights. The Premier League’s highest paid player according to Boardroom.TV is Manchester United’s Cristiano Ronaldo. He is reported to earn £26,520,000 per season. These levels of wealth are incredible and many are jealous but with money comes problems though and tax is one consideration. It’s not only during our lifetime that we’re taxed. Upon our death, we are also taxed. Inheritance Tax is a paid by our estate after we’ve gone on anything we own over £325,000. If we assume that Ronaldo only has £26,520,000 when he dies his estate would still be liable for £10,478,000 which is essentially 40% of his estate (over the NRB). Obviously it’s a very complicated subject and anyone with levels of wealth or assets should seek professional advice. Lastly, football clubs are an asset with a value, as we’ve recently seen through the sale of Chelsea Football Club. When you pass away, these assets need to be taken into account. It’s possible that you might be entitled to tax reliefs on business assets. Something like Business Property Relief (BPR) but again, advice should be sought. Remember also that if you have people reliant upon you for income (or for income from the business) then commercial or business estate planning is vital. It becomes more than just about Wills here and we can start to look at commercial LPAs to ensure the business can continue to run smoothly without you, that wages or bills can still be paid and that the team know who will continue to run the club. Three very quick but important examples here. Please don’t take the examples provided as advice. They merely demonstrate what could happen but without professional advice, you could find yourself in a difficult situation. If in doubt speak to us about your circumstances.

We are obviously advocates of estate planning. We run a Will Writing business after all so you know our advice is more likely to be ‘you need a Will’ rather than the opposite. BUT… and here is the thing; we will only provide what we believe to be the correct advice. If that advice is that you’ve brought us a Will to review and we think that the Will is fine, we’ll tell you that. The key thing is that you took time to get advice. What breaks our heart is when someone comes to us and tells us that they’ve lost a loved one and it turns out that there was no Will. In those circumstances, it’s called an intestacy and the estate passes in accordance with government rules. Less than ideal. So, this article is about 3 reasons doing nothing is a bad idea. Reason 1: Imagine this. A married couple don’t have Wills. They have one child and a modest estate. The husband passes away and the wife inherits everything (depending on the size of the estate). After a period of mourning, the widow remarries. The estate is still relatively modest and eventually the wife (widow) passes away. Her estate then passes to her new husband. The first husbands child has effectively been disinherited (won’t get anything), all because there was no Will. Not what the husband would have wanted. Reason 2: Imagine this. You’re unmarried but you live with your partner. You have done for a number of years. They moved in to your house but you had no intention to marry. You have a shared bank account but that’s it. You have some family but no-one close. You pass away without a Will. Your estate passes to your family (defined by the rules of intestacy) and your partner inherits nothing. Worse still, they lose their home. Reason 3: Imagine this. You are married and happy with life except for one thing. Your partner has an addiction to alcohol and likes to gamble. You control all the finances to stop them from spending the bills money and savings. You don’t have a Will and pass away suddenly. All of your estate passes to your partner. They start drinking more to numb the pain and they gamble more. All of your hard work and savings are gone. The mortgage isn’t paid. The house is at threat. These 3 simple scenarios are more common than you think. All of these can be prevented by speaking to a professional and putting the right plans in place. Wills are more than just a document which says what you’d like to happen to your estate. They represent and provide certainty for loved ones, they’re protection for loved ones. They show you care. If you have a Will, make sure it’s kept up to date. If you don’t have a Will, book an appointment. www.slswillsandmore.co.uk

There are a few things to think about in 2022 with considerations like the rising cost of living etc. With everything seemingly increasing in cost whether its energy bills, the cost of property, the second hand car market or even, dare we say it – Freddo Bars, you should consider getting your Will written. Whilst we have no plans to increase prices we have seen other providers increase theirs in line with increasing costs. In this short article we’re explaining why you should consider keeping your Will up to date in 2022. 1. You want to make sure your assets are distributed according to your wishes. There a few key considerations here. We all have choice as to what we do with our assets and the number and value of assets that we own will dictate what, if any, tax we pay. Monitoring our estate value is vital. Ultimately you should revisit your Will every 3-5 years. 2. You want to avoid probate. Assessing the value of our estates is a strategy that we look at for clients. Where our estate has little or no ‘value’ in terms of the size of our estate, probate may not be necessary and in some cases, estate restructuring might be worth consideration but it would require expert advice. 3. You want to appoint a guardian for your minor children. This is one of the most important and popular reasons why we write Wills for people in their thirties and forties. When people have young families, choosing who should look after them if something happens is a crucial reason to write a Will. Again, as time passes, our friendship groups may change, people may move away and our choice of guardians may also change. 4. You want to make sure your pet is taken care of. Over 50% of households in the UK have a pet. Whether you’re a dog person, a cat person or have something a little more unusual, our pets are an extension to our family. You can make provision for pets in a Will but cannot leave your estate to your pet. Instead we can create trusts for pets to ensure that they are provided for and looked after by people you choose and trust. 5. You want to make sure your debts are paid. When it comes to estate planning, before gifts are paid out our executors will draw in our assets and pay off any liabilities (or debts). It’s therefore important to choose responsible people to act as your executors. 6. You want to make sure your family is taken care of. This has the be the SOLE or primary reason why people write their Wills with us – because they care. You should note that in caring, your Will should be kept up to date. During a consultation, we spend time with you to understand your motivations and what might stand in the way of your plans coming to fruition.

One thing is for certain, death and taxes are inescapable. What matters is when you take action and how much you plan.  What precautions you take will have an important impact on your loved ones. Just know that at some point, we’ll all pass away.  The important question to ask yourself when that time comes will be “what happens if I die unexpectedly tomorrow?” That very thought can empower people to make changes today that can affect their legacy long after they are gone, ensuring peace of mind for the rest of their family members. Estate Planning is a complicated subject and you need to understand how it works before creating your plan. Without knowledge it’s unreasonable to expect that you’ll be able to create a plan.  Most people don’t know the difference between a Will, an Advanced Directive or Lasting Powers of Attorney. We at SLS Wills And More are here to help make the process easier for you and we want to give you a great deal while doing so! In June, if you book an appointment with us, you will entered into a draw to win a £100 high street voucher. Great news when you will also be getting the best possible advice and planning. Having a Will is an important part of estate planning. It allows you to decide who will inherit your assets and how they will be distributed. It’s often the first step and one of the most important documents you will ever make. Having a Will is also important for the management of your assets. A Will allows you to appoint someone to act as your Executor, or someone to be legal guardians for your children. Knowing where to turn is important too. There are lots of estate planning practitioners who simply can’t be trusted. What we mean is that they have no experience, no insurance and may try and sell you documents or services you just don’t need. With SLS Wills and More you benefit from over 30 years of experience. We draft legal documents for local firms of solicitors and their clients and our founder – Sara Sheppard sits on the Society of Will Writers’ Professional Standards Board. If you’re ready to write your Will, speak to us and book in a FREE consultation.

It is never nice to think about our own demise. Many of us feel invincible but the sad truth is that, at some point, we are all going to shuffle off this mortal coil. If that isn’t bad enough, imagine everything that could possibly unfold after we have gone, going wrong… It doesn’t bear thinking about, does it? These are the sorts of things that we have seen and some of these are entirely avoidable; Imagine this first: Your loved ones are struggling with the grief of losing someone close to them and then the fighting and arguments break out. Someone isn’t happy with the way the Will is being administered. It could all come down to something as simple as someone seemingly being obstructive when it comes to receiving a gift. Choosing the right people as your executors is crucial and sometimes is wise to appoint a professional. Perhaps you have a Will, something happens to you but it turns out that your Will is ‘out of date’… It hasn’t been reviewed for several years, some of the intended beneficiaries have passed away their gifts failed and as such, some of your estate passes by partial intestacy.  Another fairly common one is having a Will, thinking everything is fine, passing away and your loved ones finding out that the Will wasn’t signed correctly and therefore it’s invalid. The signing process for Wills is relatively simple but should be done with caution and ought to be done under supervision of a professional to ensure that you are not wasting money or getting it wrong. Another common signing error is having a beneficiary as a witness. To the probate court this could be deemed that the Will was written under the influence of the beneficiary/witness and as such any gifts to said person is deemed invalid.  Pretty bad so far… We will leave you with one more horror story: Try this one for size: You leave a Will but no one can find it. All of your hard work, time and expenses go to waste. That means that your estate is distributed in accordance with the laws of intestacy, not in accordance with your Will and your wishes. To avoid any issues – seek professional advice. P.S – we are the professionals to turn to.

A Will is the most important legal document you will ever make. In England and Wales, your Will must conform to the Wills Act 1837 and the way that it is drafted and the clauses used can have a huge impact on the effects and protection it affords. Most people are not aware of the many pitfalls associated with Will writing and as a result, many Wills are invalid or ineffective. A Will is only valid if it is properly executed and this can be a complex process. If you do not follow the correct procedure, your Will could be challenged and may not be upheld by the courts. It is therefore essential that you seek professional advice when writing your Will to ensure that it is valid and effective. A Will can be a complex document and there are many different ways in which it can be drafted. A Will must also be kept up to date to reflect any changes in your circumstances, such as the birth of a child or the purchase of a new property. If you do not have a Will, your estate will be distributed in accordance with the intestacy rules, which may not be what you would have wanted. By having a Will, you can ensure that your estate is distributed in accordance with your wishes. A Will can also be used to appoint guardians for any minor children. If you die without appointing a guardian, the court will appoint one on your behalf and they may not be the person you would have chosen. A Will can also be used to make provision for any pets you may have. If you die without making such provision, your pets could end up being put down or rehomed (and sent to a rehoming centre). There are many other reasons why you should have a Will, such as to appoint executors and trustees, to make gifts to charity, or to set out your funeral wishes. Making a Will is one of the most important things you can do for yourself and your family. It gives you peace of mind knowing that your affairs are in order and that your loved ones will be taken care of according to your wishes. A Will is a legal document and as such, it should be treated with the utmost care and attention. If you are in any doubt about any aspect of Will writing, you should seek professional advice. There are many Will writing services available and most solicitors offer Will writing as part of their estate planning services. Issues with writing your own Will include: – You may not follow the correct procedure, which could make your Will invalid. – Your Will may not be kept up to date with changes in your circumstances, meaning it might not be effective. – You may not appoint executors or trustees correctly, which could cause problems down the line. – You might not include provisions for your pets, which could lead to them being put down or rehomed. – You might not include your funeral wishes, meaning your loved ones will have to make decisions about your funeral without knowing what you wanted. Making a Will is an important decision and one that should not be taken lightly. If you are considering writing your own Will, have it reviewed by a professional like SLS Wills and More.

By Sara Sheppard – FSWW TEP As you all know I am a Fellow of the Society of Will Writers (FSWW), and when I first started SLS Wills and Law in 2017, I was looking for an additional governing body to enhance my business, to benefit me in my career and to build trust for my clients alongside my membership of Society of Trust and Estate Practitioners (STEP). I felt that SWW offered me support, not only from a business point of view, but also their ethics were aligned with mine. In 2019, I was invited to become part of the SWW Professional Standards Board, whose aim was to provide best practice help for our members and to raise standards within our profession. The SWW have always been constituted to have an advisory panel but the new PSB had slightly different aims. Having worked in the regulated field prior to starting my business I have seen both good and bad practices on both sides, and initially, I was sceptical as to whether I could make a difference within the unregulated will-writing profession. By joining the PSB, I hope to be able to contribute to raising professional standards. Since joining the PSB, we have seen several projects launched which are designed to help SWW members (the new annual audit form and members handbook, as well as regular links with the regional chairs, so that they feel supported). The biggest project of all is still in progress and is likely to be released in sections, otherwise, members could be waiting for a very long time – a handbook of best practices including potential templates and letters. Another function of the PSB is to act as a final arbitrator when complaints are made against members which cannot be settled through the Society’s function as a mediator, and it delights me that relatively few complaints actually come through to the PSB for us to deal with – something that all of us can be proud of as it means that our members are trying to maintain high standards, and if something goes wrong, on the whole, they are dealing with it professionally. Recently an issue arose within our Society, and the profession as a whole, which I am so pleased that we, as board members, agreed was not acceptable and in conjunction with Anthony Belcher (Head of SWW), we were able to agree on a change to the Code of Conduct to close a loophole. Sometimes, we have to fight for what we believe to be right, and for me, being part of the PSB helps me to fight for what I believe is right and will help to raise professional standards in the longer term.

Wills are complicated documents at the best of times and when we throw complex family matters into the arena they have the potential to create a powder keg which could explode into a plume of additional problems. Let’s go back to basics: When a couple divorces, their existing Will is not automatically revoked or cancelled. However, the divorce does have the effect that the former spouse will no longer act as an Executor or beneficiary. This can be problematic if the couple has children, as the former spouse may no longer be able to inherit from the estate. Another consideration is that a previous Will does NOT become effective again in the event of divorce. In essence, your ex-husband or ex-wife will no longer benefit from the Will unless you have expressly stated otherwise. One solution to this problem is to create a new Will after the divorce. This will ensure that your former spouse is no longer included in your Will and that your children still inherit from you. It is important to remember to update your Will any time there is a change in your marital status, to ensure there is complete clarity as to the distribution of your estate. Remember also that marriage revokes a Will. If you are considering a divorce, or have already gone through one, it is important to review your Will and estate planning documents. The team at our office can help you make the necessary changes so that your loved ones are taken care of in the event of your passing. Contact us today to book your appointment and we would be happy to discuss your options with you.