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Estate Planning: Navigating Jurisdictional Differences in England and Beyond

Estate planning isn’t something that lots of us want to think about but it’s a right that often requires careful consideration and expertise. In the United Kingdom, estate planning is shaped by the unique legal systems of its constituent countries, with notable distinctions between Scottish law and English succession law. Additionally, when individuals possess assets in different jurisdictions, such as France, it becomes imperative to understand the intricacies of each legal framework to ensure that one’s wishes are upheld and assets are passed on smoothly. In this article, we will explore the differences between estate planning in various jurisdictions, emphasising the significance of having wills in place, especially where immovable assets are involved. Understanding Jurisdictional Differences 1. English and Welsh Succession Law: In England and Wales, estate planning is guided by a principle known as “testamentary freedom.” This means that individuals have a considerable degree of autonomy in deciding how their assets should be distributed upon their death. This freedom allows you to choose beneficiaries, allocate assets, and even specify conditions for inheritance. However, if one fails to exercise this right by creating a valid will, their assets will pass according to the laws of intestacy. 2. Scottish Law: In Scotland, the legal landscape differs substantially from that of England and Wales. The concept of “testamentary freedom” is less pronounced, and the law imposes certain legal rights on spouses and children, which limit the extent to which an individual can disinherit them. As a result, estate planning in Scotland may involve more complex considerations to ensure that your wishes are realised. 3. French Succession Law: When dealing with immovable assets abroad, such as property in France, it’s essential to understand the local succession laws. French succession law follows the principle of “forced heirship,” meaning that a portion of an individual’s estate must be reserved for certain close relatives, such as children. This may limit your freedom to distribute assets as you see fit. To navigate this, it is advisable to seek legal advice and consider creating a separate will for assets located in France. Importance of Having Wills for Immovable Assets An immovable asset, as the term suggests, refers to a property or real estate that cannot be moved. This includes land, buildings, and any fixed structures on the land. When you own immovable assets in different jurisdictions, ensuring their smooth transition to your chosen beneficiaries becomes crucial. 1. Maintaining Control: Having a will in each relevant jurisdiction allows you to maintain control over the distribution of your immovable assets, even when local laws may impose restrictions. It ensures that your wishes are respected and minimises potential conflicts among heirs. 2. Reducing Legal Complications: Without a valid will in place, the process of transferring immovable assets across borders can become cumbersome and legally complex. By proactively addressing these issues in your will, you can streamline the process for your beneficiaries. What does this all mean? Estate planning is not a one-size-fits-all endeavour, particularly when dealing with assets in different jurisdictions. The differences between Scottish and English succession laws, as well as the unique aspects of French succession law, highlight the importance of tailored and expertly crafted wills. To make the most of your testamentary freedom in England and Wales and ensure your immovable assets are managed efficiently worldwide, consult with a legal professional well-versed in international estate planning. By doing so, you can safeguard your assets and provide for your loved ones in accordance with your wishes, regardless of where those assets are located.

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The World’s Most Extreme Wills: Longest and Shortest Ever Recorded

When it comes to legal documents, they rarely make for glamorous reading but Wills hold a unique and often poignant significance. They are the tangible expression of one’s final wishes, serving as a legacy and a guide for loved ones. At SLS Wills and More, a leading specialist Will writing firm based in the south of England (with a head office in Aylesham but covering South London and the South East, we understand the importance of creating Wills tailored to our clients’ needs. Today, we delve into the intriguing world of Wills, exploring the longest and shortest Wills ever recorded. The Lengthy Epic: The Guinness World Record Holder The Longest Will in the World The title for the longest Will in recorded history belongs to Frederica Evelyn Stilwell Cook, an Englishwoman who passed away in 1924. Her remarkable Will stretched to a staggering 1,066 pages, comprising more than 95,940 words. Mrs. Cook’s extraordinary document was not a mere list of possessions and beneficiaries, but a detailed account of her personal history, philosophies, and memories. Her Will included intricate descriptions of her travels, relationships, and the experiences that shaped her life. It featured heartfelt anecdotes, letters, and even a poem composed by Mrs. Cook herself. Her Will’s extraordinary length was a testament to her desire to leave behind not just her assets but also her life story. It took the legal community several years to decipher and execute her wishes fully. This would have come at considerable expense to the estate and is one downside to the length of the document. While Mrs. Cook’s Will is an exceptional case, it reminds us that Wills can be more than just legal documents; they can be a legacy in themselves. The Pithy Record: The World’s Shortest Will The Shortest Will in the World On the opposite end of the spectrum, we find the world’s shortest Will. In 1906, Frederick Handel, a renowned English composer, and musician, left behind a will that has gone down in history as the briefest ever recorded. It consisted of a mere three words: “All to wife.” Handel’s succinct Will could be argued that it left no room for ambiguity. His intentions were clear: he wanted his entire estate to go to his wife, Ann. This minimalist approach to estate planning might seem unconventional, but it demonstrates that a Will need not be lengthy to be effective. In fact, a concise and unambiguous Will can often prevent disputes and ensure a smooth distribution of assets. Naturally, professional advise is always advisable. Crafting Your Own Unique Will with SLS Wills and More While your Will may not need to break any records for length or brevity, it should reflect your individual wishes and circumstances. At SLS Wills and More, our experienced team of specialists understands that each person’s situation is unique, and we are dedicated to helping you create a Will that suits your needs perfectly. Whether you envision a detailed expression of your life’s journey or a straightforward distribution of assets, we are here to guide you through the process. Our goal is to ensure that your final wishes are legally sound and comprehensively addressed. In conclusion, the world of Wills is a fascinating one, with records ranging from the extensive to the concise. Frederica Evelyn Stilwell Cook’s epic will and Frederick Handel’s succinct testament are just two examples of the diversity of Wills that exist. At SLS Wills and More, we encourage you to consider what matters most to you when crafting your will. Regardless of its length, your Will should be a true reflection of your unique legacy. For expert assistance in creating your Will, contact SLS Wills and More today. We are your trusted partner in estate planning, serving the south of England with dedication and professionalism.

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The SLS Approach to Estate Planning

Building Trust and Lasting Relationships: The SLS Approach to Estate Planning When it comes to the intricate matters of estate planning and will writing, choosing the right partner can make all the difference in ensuring your wishes are carried out and your loved ones are taken care of. In a field where expertise and trustworthiness are paramount, SLS Wills and More, based in the heart of Kent but serving clients across England and Wales, stands out as a beacon of experience and integrity. With over 35 years of dedicated service in estate planning, Sara, the founder of SLS Wills and More, is not just a practitioner; she is a seasoned expert. Holding the esteemed title of a fully qualified Society of Trust and Estate Practitioners (STEP) member, her proficiency and acumen in this domain are indisputable. This qualification underscores her commitment to upholding the highest standards of professional excellence. Sara’s dedication to her craft and the clients she serves is evident not only in her credentials but also in her deep-rooted involvement in industry bodies and associations. Her distinction as a Fellow of the Society of Will Writers (SWW) signifies her standing in the community. As a regional representative for the SWW and a vital member of its Professional Standards Board, Sara is at the forefront of shaping and upholding the best practices within the industry. At SLS Wills and More, the philosophy isn’t just about drafting documents; it’s about nurturing relationships. This approach is a refreshing departure from the prevalent ‘stack it high, sell it cheap’ model that reduces vital life decisions to mere transactions. Here, clients are treated as individuals with unique circumstances, concerns, and aspirations. The focus is on the long term – not just a one-off interaction, but a journey of trust that may span decades. One of the key aspects that set SLS apart is their holistic approach to estate planning. While the initial interaction may revolve around drafting a will, this is merely the starting point. As life evolves and circumstances change, SLS stands by its clients, ready to provide continuous support and guidance. Whether it’s addressing new additions to the family, changes in financial status, or modifications to personal preferences, the team at SLS ensures that the estate plans remain current and reflective of the clients’ evolving needs. Sara’s role as a tutor for the College of Will Writing further exemplifies her commitment to knowledge dissemination and raising industry standards. This dedication to education is not only a testament to her expertise but also an assurance that her clients receive the most informed and up-to-date guidance in their estate planning journey. Choosing an estate planning partner shouldn’t be solely about cost considerations; it should be about securing the future with unwavering confidence. SLS Wills and More embodies this philosophy, standing as a testament to the fact that expertise, integrity, and relationship-building should be the cornerstones of any estate planning endeavour. As Sara and her team continue to guide clients through the intricacies of will writing and estate planning, one thing remains clear: SLS Wills and More isn’t just crafting documents; they’re weaving a tapestry of trust and care that endures across generations. When it comes to safeguarding your legacy and the well-being of those you hold dear, SLS Wills and More is a name you can trust.

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We can help your friends and family too!

Ensuring Your Legacy: The Power of Referrals and Family Bonds in Estate Planning In the realm of estate planning, where the delicate balance of legal intricacies and personal wishes converge, SLS Wills and More has carved a remarkable niche. Operating with the finesse of a bespoke tailor, we understand that beyond the paperwork, estate planning is about safeguarding your legacy and providing peace of mind to your loved ones. A significant portion of our clientele comes through referrals, a testament to the trust and satisfaction our clients place in our services. Referrals: The Foundation of Trust Referrals are the cornerstone of SLS Wills and More’s success story. In an age where reviews and recommendations can make or break a business, the fact that our clients are keen to refer friends and family to us speaks volumes about the quality of service we provide. A referral is more than just a transaction; it’s a vote of confidence, a personal endorsement that underscores our commitment to excellence. Knowing that our clients entrust their loved ones’ futures to us drives us to continually raise the bar. Extending the Circle: Writing Wills for Friends and Family It’s heartening to note that a significant part of our practice revolves around writing wills for the friends and family of our clients. This speaks to the deep-rooted relationships we build with our clients, relationships founded on trust and a shared understanding of the importance of securing one’s legacy. As the legal guardians of your testamentary wishes, we understand the gravity of the responsibility we undertake. Whether it’s crafting a will for a close friend or a cherished family member, our commitment remains unwavering. Why Make a Will? The importance of making a will cannot be overstated. A will isn’t just a legal document; it’s a means to express your wishes and provide clear directions for the distribution of your assets. It ensures that your loved ones are not left grappling with uncertainties during a time of grief. A will allows you to: 1. Protect Loved Ones: A well-constructed will provides for your family’s financial security, ensuring that they’re taken care of according to your wishes. 2. Avoid Legal Hassles: A properly drafted will can help minimize legal disputes and conflicts among family members. 3. Direct Assets: With a will, you have the power to decide who inherits your assets, ensuring that your possessions are distributed in line with your intentions. Booking Your Estate Planning Conversation At SLS Wills and More, we understand that discussing matters of inheritance and legacy can be emotionally charged. That’s why we’ve created a welcoming environment where you can openly discuss your estate planning needs. To book a consultation with us, you can reach out through our website or give us a call. While there might be a short waiting list to speak with our esteemed consultant, Sara, rest assured that we have a dedicated team of consultants who share the same “client first” ethos, ready to guide you through the process. Your Assurance: SWW Insurance We take your peace of mind seriously. All clients of SLS Wills and More are covered under the SWW insurance that we hold. This added layer of protection ensures that your wishes will be honoured, and your loved ones will receive the support they deserve, even in unforeseen circumstances. In conclusion, at SLS Wills and More, we stand as both architects of legacies and stewards of trust. The referrals we receive and the bonds we foster with clients and their families are testament to the integrity and quality of service that define us. As you embark on your estate planning journey, we’re here to guide you, to listen to your unique story, and to help you craft a future that resonates with your values and aspirations.

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Changes to Statutory Gifts

There have been some significant changes to statutory gifts and in this short article, we’re going to explain then, and what they mean to you and your estate planning. On July 26th, a significant change in statutory legacy gifts took effect, increasing the amount from £270,000 to £322,000. A statutory legacy gift refers to the portion of an individual’s estate that is legally protected and reserved for their close family members, usually their spouse or civil partner, and is effective where an intestacy occurs. This simply means when someone dies without a Will. The increase from £270,000 to £322,000 means that now, if an individual passes away without leaving a Will, a larger sum of their estate will automatically be granted to their surviving spouse or civil partner. This change aims to provide greater financial protection and security for widowed partners, ensuring they receive a more substantial portion of their deceased loved one’s estate. By raising the statutory legacy gift amount, the government seeks to reflect the changing economic landscape and the increasing costs of living, enabling surviving partners to maintain a higher standard of living and potentially easing financial burdens during a difficult time. This adjustment in statutory legacy gifts is likely to have implications for inheritance distributions and legal considerations in cases of intestacy, offering more significant benefits to surviving spouses or civil partners in the event of their partner’s death without a valid Will. If this doesn’t reflect your wishes, we advise that you book in an appointment to discuss your estate planning with us. We’ll talk to you about what could stand in the way of your wishes being carried out and explain how a Will could provide greater flexibility as to how your estate can be distributed helping you to remain in control. This is the new intestacy flowchart reflecting these changes and demonstrating what could happen should you pass away without a Will. Should you have any questions, please let us know:

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Estate Planning Lessons from Aquaman: Navigating the Depths of Inheritance and Legacy

In Aquaman, we watch Arthur Curry’s journey as he grapples with his dual heritage—one foot on the shore as the son of a human lighthouse keeper, and the other deep beneath the waves as heir to the throne of Atlantis. Filled with underwater kingdoms, shifting allegiances, and power struggles, this DC Comics tale might seem an unlikely lens through which to view estate planning. Yet, if we translate these oceanic intrigues into a scenario under the laws of England and Wales, the story reveals timeless lessons about safeguarding one’s legacy. The Rightful Heir and Clear Instructions At the heart of Aquaman is the question of rightful succession. Arthur Curry, as the son of Atlanna (the Queen of Atlantis) and Thomas Curry (a human), possesses a claim to the Atlantean throne. However, without clear, legally binding directives, determining succession becomes an undersea tug-of-war. This echoes a common dilemma on land: if a parent passes away without a valid will, the question of inheritance can become murky, triggering disputes and, at worst, estranged family members battling over control. In England and Wales, a proper will sets out who should inherit and how. Had Atlanna left a well-drafted estate plan—detailing not just who would be her heir, but also providing for any mixed-heritage complexities—Arthur might have avoided confrontation with Orm, his half-brother, and spared Atlantis unnecessary conflict. Transparent directives in a will ensure that your loved ones know your wishes, minimising squabbles and safeguarding familial harmony, both on land and at sea. Appointing Executors and Trustees: Guardians of Your Estate In the Atlantean world, trusted advisors and loyal counsel are essential to maintaining peace and order. In your own estate plan, the equivalent of these advisers are the executors and trustees. Executors carry out the instructions of your will, ensuring that assets are distributed as intended. Trustees look after any trusts you create, managing assets on behalf of beneficiaries—much like a noble steward carefully overseeing the kingdom’s resources. With executors and trustees in place, even if the waters of life grow choppy, your estate remains on course. Should your family members become divided or uncertain, these appointed guardians can maintain stability, just as stalwart Atlantean allies help preserve Atlantis in times of turmoil. Safeguarding Children and Mixed-Heritage Families Arthur Curry is half-human, half-Atlantean—a dual identity that poses unique challenges. In England and Wales, cross-border estates or families with international ties often require additional estate planning measures. If you own assets abroad or hold citizenships in more than one country, you may need advice on creating wills that comply with multiple jurisdictions, preventing future misunderstandings or conflicts. What if Arthur, as a child, had been left without guidance or guardianship provisions in his parents’ estate plan? His upbringing and claim to Atlantis might have been far more uncertain. By naming guardians, or setting up trusts to protect assets for younger beneficiaries until they come of age, parents can ensure the welfare and stability of their children, no matter the complexity of their heritage or inheritance. Plan for the Unexpected: LPAs and Contingency Measures Atlanna’s sudden disappearance and the resulting power vacuum in Atlantis highlight the unpredictability of life’s currents. In the real world, if an accident or illness leaves you unable to make decisions, a Lasting Power of Attorney (LPA) can ensure that a trusted individual steps in to manage your finances or make healthcare decisions on your behalf. This level of preparedness not only prevents chaos but also reassures family members that someone reliable is at the helm. While Atlantean royalty have their own ways of dealing with crises, on land, drafting LPAs ensures that should unforeseen circumstances arise, your finances and personal welfare remain under responsible stewardship. A Legacy That Endures In Aquaman, Arthur’s ultimate quest is not just to claim the throne, but to bring unity, understanding, and peace between two worlds. This resonates strongly with estate planning’s core purpose: ensuring your legacy endures in a way that reflects your values, cares for the people you love, and prevents unnecessary conflict. A well-structured estate plan provides the opportunity to pass on your values—whether that’s encouraging education through a trust for a grandchild’s school fees, ensuring a family home remains in trusted hands, or supporting charities that matter to you. By taking proactive steps now, you’re ensuring that your legacy, like Atlantis’s hidden treasures, is protected and carefully guided into future generations. How SLS Wills and More Can Help At SLS Wills and More, we understand that creating an estate plan can feel as complex as navigating uncharted oceans. Our team can help you draft a will, establish trusts, appoint guardians and executors, and put LPAs in place. Together, these measures form a secure harbour against the storms of uncertainty and inheritance disputes. Ready to ensure your legacy is as enduring as Atlantis itself? Contact us today, and let us guide you through every stage of the estate planning process, safeguarding your family’s future with the same resolve and clarity that leads Aquaman to unite and protect the worlds he cherishes.

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