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The festive period is normally a happy time, a time for giving and receiving but for many also a time of reflection. We also to look ahead at the coming year, to set our goals and make those New Year’s resolutions then promise ourselves to actually stick to them this time! Whether that is to lose that weight you’ve been promising, apply for that new job, or to get your affairs in order. Many people put off their estate plan year after year. We promise ourselves that we are going to finally sort our Will out and then forget about it only to agree to sort it out again in the new year. According to a BBC News article, which you can read here, more British people die during the first full week of the year than at any other time. The chart included in this article shows deaths by day during December and January in England and Wales. It shows a peak during the first full week of the year. While estate planning may not be traditionally associated with the winter holidays, the end of the year is a good time to reflect on your situation and plan for the future. Estate planning is a good idea for families at all stages, and it’s particularly important at certain milestones like marriage, having kids, and reaching retirement age.  Basic estate planning documents like a Will, a Power of Attorney, and a Funeral Plan allow you to clearly set out your wishes. You have the opportunity to create a plan that fits your family’s particular dynamic. For example, you may want to provide for your children and relatives, or you may want to set up individual provisions for your grandchildren or favourite charities. Keep in mind that a basic Will may not cover all your assets, so other options like Trusts may be necessary but your Will writer will be able to discuss this and advise you of the best options for you. So, while the family is together, and we are in this period of reflection and planning use the time to be open and discuss your wishes with the family. Commit to creating your plan going forwards so you can have peace for many more years to come.   If you would like some friendly, caring & supportive advice about your role as an Executor, or Power of Attorneys, Funeral Planning, Will Writing and how we can help you, you can call Sara on 01304 577998 or email sara@slswillsandmore.co.uk.

SLS Wills and More had a very exciting 2021 and we helped more clients than ever before. In 2022 we are excited to have welcomed Shaun to join us as a consultant which means that we are going to be able to help even more clients. Shaun joins Sara and Kim at SLS Wills and More, who look after our lovely clients. Be sure to check out our other article welcoming Shaun into the business. If you would like to contact Shaun directly to book an appointment, he can be reached at shaun@slswillsandmore.co.uk. One thing has not and will not change in 2022 and that is the importance of estate planning, and putting the correct plans in place. You will no doubt be pleased to hear that we are as committed as ever to providing affordable estate planning with advice tailored to suit the needs of our clients. The benefit of choosing SLS Wills and More as your estate planning partner is that you’re getting the benefit of nearly 40 years of estate planning experience from drafters who are STEP qualified, members of the Society of Will Writers and who passionately care about doing a good job. If you are reading and are an existing client of SLS Wills and More and it’s been some time since we wrote your Will, feel free to get in contact with us to book in a complimentary review. It is likely that your documents will be absolutely fine but it is always good to check that they are up to date. As a basic measure, you should check/update your Will every 3-5 years to take into account any tax or legislative changes. If in doubt, always ask. If you have not written your Will yet and the information above has given you confidence that writing your Will in 2022 is a good idea and that you would like to have us support, book in for a free consultation. You do not have to pay a penny to hear our advice. If you would like to proceed, you will have a clear idea of costs and will be in a position to make an informed decision. In any case, we wish a prosperous 2022 and beyond!

Join us in welcoming Shaun to the team here at SLS Wills and More. We are really excited to welcome Shaun onboard who joins Sara and Kim supporting our clients with estate planning. Shaun is pleased to introduced himself and has said the following: “My name is Shaun Everett and I live in Canterbury, Kent with my wife. I have been married 37 years and have 3 children and 4 grandchildren. To say I have had a varied career would be an understatement as I have been a stage tech at The Royal Opera House, a London Taxi Driver and for most of my working life a financial planner including working for Danske Bank Ireland and Nationwide Building Society – UK. I always wanted to build our own house and had the opportunity of achieving this in 1998 after two years of hard work on a site we had in the west of Ireland. I am excited about joining Sara Sheppard owner of SLS Will and More as an Estate planner after passing my exam with the Society of Will Writers.“ If you would like to book an appointment with Shaun, contact him at Shaun@slswillsandmore.co.uk

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.