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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.

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

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

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.

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.

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.

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.

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.