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3 reasons why doing nothing is a BAD idea with Wills

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

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Keeping your Will up to date in 2022 (6 reasons why estate planning is vital)

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.

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Writing your Will with SLS Wills and More

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.

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What if it all goes wrong? – A Will writing disaster

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.

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Should you write your own Will?

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.

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Why I joined the Society of Will Writers’ Professional Standards Board

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.

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Divorce and Wills – a cautionary tale

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.

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The Importance of Writing a Will

Over the last few years we have experienced some troubling and challenging times. We have seen Covid and the challenges that has bought. More recently we’re dealing with the loss of HM Queen Elizabeth II and the national grief. Financially and economically, things are pretty turbulent and many of us are watching our spending and things like Will writing don’t seem high on the list of priorities but in this short article we’re going to share why writing a Will, now more than ever is important. If you don’t have a Will, when you die your estate will be distributed according to the rules of intestacy. This could mean that your estate is not distributed in the way that you would have wanted and it could also cause additional stress and anxiety for your loved ones at an already difficult time. What does writing a Will do? Writing a Will ensures that your estate is distributed in accordance with your wishes and can help to avoid any unnecessary disputes. It also means that if you have young children, you can appoint guardians to care for them should anything happen to you. If you already have a Will, it’s important to keep it up-to-date as your circumstances are likely to have changed since you last reviewed it. For example, you may have married, had children or bought a property since you last updated your Will. Rising costs – living during a cost of living crisis What impact could the cost of living crisis have on writing a Will? As a Kent based Will writing firm, we see all manner of clients from those who realistically won’t feel the pinch over the next 18 months (the average time a recession lasts), to those who need to watch every penny spent. In either case, their aims and objectives remain relatively similar when it comes to estate planning. They want to protect what they have. They want to provide for those around them. They often want to look after local causes that mean something to them. All of this, but in a manner that’s affordable and gives them control through their Will. Why choose SLS Wills and More? Our founder – Sara Sheppard FSWW TEP has been involved in estate planning for over 35 years and has worked for various solicitors firms across Kent. It’s unlikely you’ll find a practitioner as experienced or knowledgeable but just as importantly, in setting up her own business (SLS Wills and More) she wanted control over the client experience and has been building a reputation as the go-to will writing firm in Kent. In addition to all of this experience, you’ll be selecting a firm who are members of the Society of Will Writers, who have a STEP qualified drafter and who hold professional indemnity insurance. Death duties or inheritance tax – mitigation One of the main motivations for people considering estate planning in Kent is that they want to mitigate tax. This isn’t tax avoidance, but instead it’s about having an understanding of the tax an estate might be liable for and then, with careful planning it’s about making sure that an estate has provision in place for such taxes. Death duties or death tax (another name for Inheritance Tax) is an increasingly more common tax we’re seeing estates having to pay in Kent and this is payable when an estate is valued over £325,000 for a single person or £650,000 for a couple. Of course, there is more to it and professional advice is crucial because of various other considerations like the Residential Nil Rate Band but with rising property values, tax planning is important. Creating a legacy When it comes to it, and we’ve seen this recently with the loss of our Queen, and important aspect to our passing is the legacy we leave behind. None of us want to be known for having left a mess behind or for causing tax issues so this makes writing a Will incredibly important. It’s not just about the financial legacy you leave behind but also the sentimental. We often have items that we wish to go to certain friends or relatives and by writing a Will, you can ensure that your wishes are carried out. If you don’t write a Will, then these decisions will be left to others who might not necessarily make the same choices that you would have. When should I review my Will? As a rule of thumb, you should review your Will every three to five years or after any major life event, such as getting married, having children or buying a property. This will ensure that your Will always reflects your wishes. If you don’t have a Will, or if it’s out of date, then please get in touch. We offer a free initial consultation to all clients and would be more than happy to discuss your Will writing needs further. Kent Will Writers – SLS Wills and More We are based in East Kent but cover the whole of Kent including Maidstone, Sevenoaks, Tunbridge Wells, Ashford and Canterbury. We offer a free initial consultation to all clients and would be more than happy to discuss your Will writing needs further. We also have clients across England and Wales and can conduct estate planning appointments over the phone, by video link or face-to-face. You can contact us on 01304 577998 or info@slswillsandmore.co.uk. We look forward to hearing from you soon. Sara

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Everything you need to know about Lasting Powers of Attorney

An LPA or Lasting Power of Attorney is a legal document that allows you (‘The Donor’) to appoint someone you trust (your ‘attorney’) to make decisions on your behalf should you lose the capacity to do so yourself or should you choose not to make decisions for yourself. This could be due to an accident, illness or old age. The Office of the Public Guardian (OPG) is the government department responsible for Lasting Powers of Attorney in England and Wales. In this article, we will explain what an LPA is, how it works, how much they cost and why they are important drawing on questions that we often get asked from clients across Kent. What is a Lasting Power of Attorney? A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust (your ‘attorney’) to make decisions on your behalf should you lose the capacity to do so yourself or should you choose not to make decisions for yourself. This could be due to an accident, illness or old age. There are two different types of LPA: – Property and Affairs Lasting Power of Attorney: This type of LPA allows your attorney to make decisions about your finances and property on your behalf. This could include things like paying your bills, managing your bank account or selling your house. – Health and Welfare Lasting Power of Attorney: This type of LPA allows your attorney to make decisions about your health and welfare on your behalf. This could include things like deciding what medical treatment you should receive, where you should live or what kind of support you should receive. You can choose to have one type of LPA or both types. You can also appoint more than one attorney if you wish. How does a Lasting Power of Attorney work? Once you have made your LPA, you can choose when you would like it to come into effect. You can choose for it to come into effect immediately or you can choose for it to only come into effect if and when you lose the capacity to make decisions for yourself. If you lose the capacity to make decisions for yourself and you have not made an LPA, your family or friends will need to apply to the court to be appointed as your ‘deputy’. This can be a long and expensive process. The court in question is called The Court of Protection. If you have made an LPA and you lose the capacity to make decisions for yourself, your attorney(s) can start making decisions on your behalf straight away without having to go through the court process. How much does a Lasting Power of Attorney cost? There are normally a couple of costs associated with a Lasting Power of Attorney. Firstly, there will be a fee payable to a professional for drawing up the document (or completing the forms) and getting them ready for submission. Then there are fees payable to the Office of the Public Guardian for registering the document. The application fee for registering a Lasting Power of Attorney is £82 per LPA document but you may be entitled to a remission. If you are on a low income or certain benefits, you may be able to get help with these. Remember that when paying these costs, you’re also benefiting from professional advice and it’s our job to ensure that these documents go through the registration process seamlessly. We have seen people register documents themselves and have issues meaning that they have to pay the registration fees again. The OPG have little sympathy and the process of registering an LPA takes a long time. The last thing you want is additional delay because you decide not to seek professional advice. Why are LPAs important? It’s easier to explain why LPAs are important through an example and we have two ‘high profile’ cases to explain the importance. Firstly – The Heather Bateman Story – a short video on our YouTube channel in which Heather’s husband suddenly lost capacity and had not appointed her as her attorney. Heather then needed to go through the court process to be appointed as his deputy which took months and cost a considerable amount in fees. If Heather had been appointed by her husband as his attorney before he lost capacity, she would have been able to make decisions on his behalf straight away without any delay or expense. The second example is more recent and involves TV presenter Kate Garraway. Her husband – Derek caught Covid and has had a long battle which he is still stuffering with causing untold stress for the family. More information on Kate’s Story can be found here. Both examples highlight the need for an LPA and how things can come out of the blue. What does ‘registering an LPA mean’? The Lasting Power of Attorney document needs to be registered with the Office of the Public Guardian before it can be used. The registration process used to take around eight to ten weeks but since Covid the registration periods can be up to 20 weeks or more (this is in my experience, not what the OPG are saying). Once the LPA has been registered, your attorney(s) will be sent a ‘certificate’ confirming their appointment. They will need to show this certificate to any third parties (e.g. banks, building societies etc) before they can start making decisions on your behalf. If you have any questions about Lasting Powers of Attorney or would like to arrange for us to prepare one for you, please do not hesitate to contact us. We offer a free initial consultation (either over the phone, video call, or face-to-face). Can I produce it myself? Yes, you can. The Office of the Public Guardian have produced standard forms which are available on their website – Lasting Power of Attorney Forms. You will need to complete four forms in total – two for property and financial affairs

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A tribute to Angela Lansbury

We woke up to the sad news that Angela Lansbury has sadly passed alway in her sleep a day before her 97th birthday. The actress truly was a treasure and will have been known to people, young and old for her roles in ‘Murder, She Wrote’, as well as being the voice of Mrs Potts in the Disney classic ‘Beauty and The Beast’. Angela was a legendary actor and was an Oscar-winner, 6-time Tony Award-winner, 6-time Golden Globe-winner and 18-time Emmys nominee. It’s a sad fact of life that some day, we will be no more, but it doesn’t make it any easier. One thing we can be sure of is that we have a responsibility to leave a legacy, and Angela surely did that. Her acting career spanned 8 decades. We’ll say that again… 8 decades. That in itself is incredible but it gets better. According to Tess Sharpe on Twitter, Angela made it a practice to hire guest actors of the golden age that had aged out of the game because it allowed them to earn the union points they needed for insurance, pensions, etc for her work on ‘Murder, She Wrote’. According to Eric Gonzaba on Twitter, during the worst years of the AIDS crisis, Angela Lansbury was a staple at AIDS benefits, helping raise millions of dollars to fund AIDS research & patient care. She was reported to have said: “This illness is robbing us of our friends and our futures. This disease knows no discrimination.” Tributes have already been flooding in all over social media and we wanted to share a tribute too because we loved her work including one of our favourite works – Bedknobs and Broomsticks. Did you know that Angela Lansbury was also in Mary Poppins Returns? Like Angela, we believe in supporting good causes and creating a legacy (which you would expect for an estate planning firm) so we donate a percentage of our revenue to local causes like Community Driving School or Hypo Hounds. It seems like a fitting way to sign off the tribute with one of her best known lines from Beauty and The Beast – “Off to the cupboard with you now, Chip”. – Mrs Potts.

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