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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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What Are Mirror Wills and Mutual Wills?

What are Mirror Wills and Mutual Wills? It’s an interesting question… They are NOT the same and in this article we’ll explain the differences and what you may wish to consider. Firstly, Mirror Wills are a type of Will where a couple – typically (but not always) a husband and wife make the Wills together, with mirror provisions so that if one of them dies, the other automatically inherits their Estate etc..  Mutual Wills are not the same. Mutual Wills are a type of Will where a couple make Wills, but they are binding on each other. The couple essentially state that the wishes will be carried out and that they won’t change their Wills.  When a couple makes Mirror Wills, they are essentially making the same Will. The main difference between Mirror Wills and other types of Wills is that Mirror Wills have mirror provisions for example: It’s not uncommon for a couple to make Wills which say: “I want everything to go to my spouse and then on their death, down to the kids”. Note that this isn’t the language we would use to draft a Will. Mirror Wills are often used by couples who want to ensure that their assets are passed on to their spouse in the event of their death. If you’re unmarried and want a partner to benefit you definitely need Wills. Mutual Wills are where Wills are drawn up by a couple who follow an agreement that during their lifetime they will not change their Wills without the consent of the other. They are essentially binding on one another but are no longer common. The main thing to understand is that they do differ. Mirror Wills are far more common and typically, mutual Wills are not favoured by practitioners because of their inflexibility. Wills have changed a lot over the last 30+ years and it’s imperative that you seek legal advice to ensure that your estate goes where you want and expect. In any case, without a Will, you have little or no control over these decisions. Sara at SLS Wills and More founder – Sara Sheppard has 35+ years experience in Wills and Estate Planning would be happy to provide a free consultation. Essentially, we are happy to help with advice and to ensure your chosen type of Will carries out your wishes.

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SLS Wills and More founder – Sara attends SWW Conference

SWW Conference – roundup This year saw the 25th anniversary of the SWW conference – a full days conference and followed by 3 workshops on the following morning.  The first day was themed around Vulnerabilities, and we were given the opportunity to listen to some very good speakers –   The workshops on day 2 consisted of:   All in all, the conference was an excellent learning opportunity as well as networking with other members, some of whom have become friends over the years.  It was also an opportunity to speak with sponsors who had trade stands at the conference, and there are some exciting new products that are coming soon which may be of benefit to clients in the future! Conference also gives our regional chairs and the Professional Standards Board to have face to face meetings, rather than virtual meetings that we hold throughout the year.  These are normally held the night before conference starts, so it ends up being a hectic 48 hours.  However, it is good to attend to add to my knowledge and I always come away feeling as though I have learnt something.  Although I have extensive knowledge and experience, there are always updates and changes, which may also mean a change in how I develop my practices in order to keep up to date.  For me, it is worth investing the time spent at conference to ensure that I am providing best advice for my clients.

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Appointing Attorneys in your Lasting Power of Attorney

Who Can You Trust with Your Last Power of Attorney? In England, if you want to appoint someone to make decisions for you when you can’t, you need to make a Last Power of Attorney or LPA. This document names the person who will be in charge of your affairs when you can’t make decisions for yourself. It’s an important decision and one that shouldn’t be taken lightly. In this blog post, we’ll talk about who can be appointed as an attorney in an LPA and what practical considerations should be made. Choosing an Attorney The first step in choosing an LPA attorney is to consider who you trust to make decisions on your behalf. These decisions won’t or don’t necessarily have to be made when you lose capacity but it’s often the case. The person in question should also always make decisions in your best interests.  This person will have a significant amount of responsibility, so it’s important that you choose someone you know and trust implicitly. They must understand their responsibilities too. Many people choose a family member or close friend, but you can also appoint a professional. Speak to us if you need to appoint a professional. Location is important because the person or people you appoint as your attorneys shouldn’t be located too far from you as this may become inconvenient or impractical. Once you’ve decided who you want to appoint, you need to consider what sort of decisions they’ll need to make on your behalf. For example, will they need to manage your finances? Make healthcare decisions? Both? You’ll need to make sure that your LPA covers all the areas that are important to you and we can help you with both of these LPA documents. Practical Considerations with LPAs Once you’ve chosen your LPA attorney, there are a few practical considerations to keep in mind. First, you’ll need to make sure that they’re available and willing to take on the responsibility. They should also be comfortable with the level of decision-making required. You may want to have a conversation with them about your LPA before you formalise anything to make sure they’re up for the task and understand your wishes. It’s also important to consider what would happen if your attorney is unable or unwilling to continue in their role and who you would want as a replacement attorney, just in case. Finally, you need to think about how you will keep your LPA up to date. As your circumstances change, you may need to make changes to your LPA. For example, if your wishes regarding healthcare change or if your investments change, you may want to have a discussion with us about your LPA to reflect these changes. Making a decision about who will be in charge of your affairs when you can’t is a big responsibility. But if you take the time to choose someone you trust and consider all the practicalities, you can be sure that your LPA is in good hands. SLS Wills and More are on hand to support and our team have years of experience.

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A Will is for life, but don’t wait until after Christmas…

Will Writing is one of those topics that isn’t always the most engaging. At this time of year, people start thinking about New Years Resolutions and I’d get around to ‘that’ after Christmas. When it comes to Will Writing, there are typically three different types of people: 1. Those who are organised, have done their Wills and get on with life (reviewing every 3-5 years) 2. People who are nervous about the process but still get the ball rolling (normally without a great deal of urgency). 3. Those who flat-out refuse to consider estate planning because “It’ll never happen to me”… In this short article, we’re going to share a couple of examples of Why writing a Will is so important and why you shouldn’t put it off. As a kent-based Will writing service we speak to all manner of people and help them to get their affairs in order. Part of this involves understanding what they want to achieve, who they would like to protect and what could stand in the way of that. Often these common problems come up: Using a couple of examples, we’ll share some reasons why you shouldn’t delay in sorting your estate planning. If you have young children, a Will is an opportunity to appoint guardians in the event that something were to happen to you and your partner. This is one of the most common reasons why people get their Will written and is also one of the most important. If you don’t have a Will in place, the Courts will decide who looks after your children and this could be somebody that you would not have chosen. Another common reason for writing a Will is to protect assets such as your home. If you are not married and you die without a Will, your partner will not automatically inherit your estate. This could cause all sorts of problems, especially if you have young children. A Will is also an opportunity to make sure that your assets go to the people that you want them to. You can use a Will to exclude people from your estate, or you can include people who are not normally entitled to inherit (such as unmarried partners, friends or charities). The term ‘sideways disinheritance’ is often used to describe what can happen when people don’t have a Will in place. This is where assets such as your home are passed on to your spouse, and they perhaps might remarry. In remarrying, all of your assets might be lost to their new partner and your children could be entirely disinherited. This is all too common. The sheer fact that we cannot predict when it will be our time to go means that we shouldn’t put off writing our Will. For the sake of a couple of hours of your time, a meeting with tea and biscuits (or coffee and cake), we can help you get your affairs in order. Don’t wait until after Christmas. Book your appointment now.

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What You Need to Know About Funeral Wishes and Writing a Will

When it comes to funeral wishes and writing a Will, there are many things that UK residents need to know. Funeral wishes allow you to communicate your final wishes for your funeral and burial to your loved ones. A Will is a legal document that allows you to designate who will inherit your property and assets after you die. In this article, we will discuss the importance of both funeral wishes and Wills, and provide tips on how to write them. Funeral wishes are important because they give you a chance to express your final wishes for your funeral and burial. You can use funeral wishes to specify what kind of funeral you want, what kind of music you want to be played, who you want to speak at your funeral, and any other special requests you may have. Funeral wishes can also be used to express your wishes for your final resting place. You may want to be buried in a specific cemetery or you may have a preference for cremation. Whatever your wishes are, it is important to communicate them to your loved ones so that they can be carried out according to your wishes. Typically, these can be left in a document accompanying your Will called a Letter of Wishes. Writing a Will is also important because it allows you to designate who will inherit your property and assets after you die. Without a Will, your property and assets will be distributed according to the laws of intestacy, which may not be what you want. In your Will, you can also appoint a guardian for your minor children. If you die without a Will, the court will appoint a guardian for your children. Both funeral wishes and Wills are important documents to have in place before you die. If you don’t have either of these documents in place, your loved ones will have to make difficult decisions about your funeral and estate without knowing your wishes. This can add stress to an already difficult citation.  To avoid this, be sure to speak to us about your letter of wishes and your Will, and keep them in a safe place where your loved ones can find them easily before the funeral is arranged. For advice on writing your Will and help to set out your funeral wishes, contact us at SLS Wills and More to arrange an appointment.

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The Christmas Gift That Keeps Giving – Estate Planning and Will Writing

The Christmas season is a time for giving, and what could be more important than giving your loved ones peace of mind in knowing that you have taken care of everything in the event of your death? Will Writing and Estate Planning are two essential steps to take to ensure that your wishes are carried out after you’re gone. Here at SLS Wills and More, we offer Will Writing services throughout Kent and in fact further afield with clients across England and Wales. Our Will Writing team is led by Sara Sheppard – a Will Writer with over 35 years of experience, who is TEP qualified, a member of the Society of Will Writers and who is a specialist in estate planning. She can help make sure that your loved ones are taken care of after you’re gone and it’s never more important that at Christmas when we spend time with those we love. The Importance of Will Writing and Estate Planning There are a number of reasons why Will writing and estate planning are important. First, if you die without a Will, your assets will be distributed according to the Laws of Intestacy. This means that your assets may not be distributed the way you wanted them to be. Second, if you have minor children (under the age of 18), it is important to have a Will so that you can designate a legal guardian for them. Otherwise, the court will decide who should take care of your children. Third, even if you don’t have minor children, a Will can still be important in terms of distributing your assets the way you want. Lastly, estate planning can help to minimise or mitigate any taxes and other expenses that your estate could be liable for. What our Will Writing Services can offer you and especially why you should consider it at Christmas When it comes to Will Writing Services, there are a lot of different things that our company can offer you. We can help you to create a Will, we can help you to update an existing one, and we can even provide you with estate planning services like Lasting Powers of Attorney. However, one of the best things that our company can offer you is peace of mind and we take great pride in that. For some, a simple Will is all you need and we can help draft in the right clauses to ensure your wishes are carried out. If you’re like most people, the thought of writing your Will can be a bit overwhelming. After all, it’s not something that most of us like to think about or have to do often. We would much rather put it off until later. Unfortunately, this often means that we never get around to it and if something should happen to us, which doesn’t bear thinking about, we need to make sure that our estate can be distributed accordingly. Whether or not you have a Will, probate may be required.  The requirement for probate is based on the value and type of assets you have in your sole name.  Having a Will makes it easier to obtain and thus makes it less stressful for your family. In addition to helping your family, having a Will can also help to ensure that your assets are distributed the way that you want them to be. Without it, your hard-earned money could end up going to someone who you don’t even know, who you have lost touch with, and friends and charities don’t benefit at all. Making a Will is an important step in ensuring that your wishes are carried out after you die. We’ve never heard anyone regret making a Will and certainly not with SLS Wills and More. At Christmas time, when we are surrounded by our loved ones, it is the perfect time to think about our who we would like to benefit from our assets. Our Will Writing Services can provide you with everything you need to create a legally binding document that reflects your final wishes. Better still, we draft it and ensure it’s signed correctly. The Benefits of Having a Will at Christmas When it comes to making important decisions about your future, there is no time like the present (excuse the pun). And if you are thinking about what will happen to your belongings and loved ones after you pass away, then creating a Will is one of the most important things you can do. While many people put off creating a Will because they think it is morbid or they do not have enough assets to warrant one, the truth is that everyone can benefit from having a Will—no matter how young or old you are, or how much money you have. One of the biggest benefits of having a Will is that 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 can provide a great deal of comfort and security. Another benefit of having a Will is that it allows you to control how your assets are distributed after you die. Finally, having a Will can help to avoid family conflict – which is something that often arises at Christmas time after too many sherries. If all of your wishes are clearly laid out in a legal document, there is less room for disagreement and dispute among your loved ones. This can save your family a great deal of heartache and stress during an already difficult time. If you have been putting off creating a Will, there is no time like the present. The benefits of having one far outweigh the cost and hassle of putting it off until later. So take the first step in protecting your loved ones and your legacy by creating a Will today. How Our Will Writing Service Can Help You A Will is a legal document that allows

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2023: A Year in Estate Planning

Estate planning is something that should be done regardless of your age. However, with 2023 getting underway, it’s important to start thinking about what you need to do during the coming year to prepare for the future. In this blog post, we will discuss some of the things that you need to think about when it comes to estate planning. We will also provide some tips on how to get started! First, we cannot stress how essential it is to have a Will in place. This helps ensure that your assets are distributed according to your wishes after you pass away. This should be your number one priority if you haven’t got a Will in place already. With over half the population in the UK without a Will, it is something that is often neglected until it is too late. Having a Will allows you to choose who inherits your estate, but also to appoint guardians for your minor children, as well as to place your funeral wishes. When it comes to estate planning, one of the most important things to consider is trusts. Trusts can be incredibly useful in several different situations, and it’s important to understand how they work and what they can do for you. Trusts are essentially legal documents that allow you to transfer assets from one person to another, but in different ways. They also enable you to safeguard or ringfence assets. There are many different types of trusts and each has its own purpose. Some have different benefits and tax treatments so professional advice is always recommended. Some of the common types of trust include: Finally, don’t forget about having a Lasting Power of Attorney (often called LPA) in place. This allows you to designate someone who would look after your affairs in the event that you can no longer make decisions for yourself. There are two types of LPAs that are available. A Property and Financial Affairs LPA will allow your attorney to make decisions regarding your property and financial affairs, such as accessing your bank account, paying bills or selling your property. The other LPA is Health and Welfare which allows someone to make decisions for you regarding your care, including accepting or refusing life-sustaining treatment. These are vital if you are unable to make or communicate the decisions for yourself or if you need a little support but can only be made whilst you still have the required capacity to create the documents so therefore, can’t be put off. Estate planning is a complex process but it doesn’t have to be overwhelming. If you take the time to do some research and plan ahead, you can ensure that your wishes are honoured and your assets are taken care of.  2023 is the perfect time to get started on estate planning – so don’t wait any longer! Make sure you use this year to get all of your ducks in a row so that you and your family can have peace of mind for years to come.

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