Will reveal people's good intentions

Nearly one in four people who are planning to make a will want to leave money to charity, according to recent research by Standard Life.

Single people are more likely to make donations then those who are married cohabiting or divorced - possibly because they are less likely to have children or other dependants.

The good intentions are time;y as charities need all the help they can get at the moment. The recession has reduced the value of many peoples' estates which means that bequests to good causes have fallen over the last two years.

Of course, if you want to leave money to your favourite Charity, you have to make sure you make a valid will.

Unfortunately, many people never get round to doing this which means they die intestate. If that is the case then their wishes will not be known and their estate will be divided in a way laid down by law. It means their money may not go to the people - or the charities - they would have chosen themselves.

Many people may not like the thought of making a will and the associations that go with it but it is the only way of ensuring that your estate is passed on according to your wishes. A solicitor can make the process quick and easy while ensuring that all the paperwork is carried out properly in accordance with the law.

To make your will or to update your old will call Alison Playle on 0115 947 0641 or email aplayle?andersonssolicitors.vco.uk.

When dad cuts you out of his will...

The number of people contesting wills has risen sharply over the last few years as family life becomes ever more complicated. Andrew Scott examines what you can do if you feel you've missed out on your rightful inheritance.

It can be devastating to be left out of a will. It's not just the loss of an inheritance but also the thought that a loved one such as a parent actually decided to cut you off or leave you far less than you were expecting.

there are several reasons why this might happen. The increase in the number of second and even third marriages makes life more complicated these days. people making a will may have to weigh up the conflicting interests of their children against those of their second wife or husband. They may also have to consider the needs of their children from different relationships.

It's also true that some parents feel less connected to their children than in the past. This could be that families are more mobile these days and children may move hundreds of miles away, making it difficult to maintain a strong parent-child bond. Even if children live nearby, busy lifestyles can mean they rarely find time to visit their parents.

The result is that more and more of us choose to spread our wealth when we make our wills, even at the risk of family disputes.

This has led to an increase in the number of people prepared to mount a legal challenge if they feel they've been treated unfairly.

One of the main reasons for contesting a will is that the correct legal formalities were not observed. The person making the will - known as the testator - must sign it in the presence of two witnesses. The witnesses must also sign the will confirming that they observed the testator adding his signature or alternatively the testator is confirming the signature already on the document is his/hers.

The will can be signed on behalf of the testator if he is physically incapable of doing so himself but it must be in his presence and under his direction.

The other main reason to contest a will is concern over the testator's state of mind. He must have testamentary capacity, which means he must know what he is doing and understand what the will is saying.

The will could be ruled invalid if it can be shown that the person lacked this capacity - usually through illness. This has become more of an issue as people live longer and develop age related illnesses such as dementia.

This can leave them prey to unscrupulous family members or even carers who may persuade them to change their will in a way they would not do if they were in good health. There should be no undue influence from anyone trying to benefit from the will. If you can prove there was undue influence then the will would be ruled invalid.

A will can also be contested if you believe it has been forged, although that can be difficult to prove.

If you wish to mount a challenge then you should contact a solicitor who can enter what's known as a caveat at the Probate Registry to prevent the will taking effect while your case is considered.

For more information about contesting a will please contact Andrew Scott on 0115 947 0641 or email ascott@andersonssolicitors.co.uk.

UK opts out of European proposals on wills and cross border estates

The UK has chosen to opt out of EU proposals dealing with wills and cross border estates.

The issue may be important to people who own property abroad or who may live away from their native country. Different countries have widely differing approaches to inheritance and so the administration of cross border estates can become very complex as more than one legal system may apply.

The European Commission is currently considering draft proposals to address the problem by simplifying the regulations on international successions.

The new proposals mean that successions would automatically be dealt with under the laws of the country in which the person was permanently resident before they died. This would apply unless the person had opted out and chosen the country of their nationality instead.

The proposed changes would have no effect on the succession laws of each member country.

The UK has decided to opt out for the time being because of concerns that the new regulations could create some potential problems.

For example, under English law, if a person makes a lifetime gift then with a few exceptions, it is considered final and cannot be later undone.

However, in some EU countries such lifetime gifts can be "clawed back" in favour of family members.

Despite the decision to opt out for now, the UK may eventually adopt the new regulations when they are finalised as long as certain concerns are addressed.

In the meantime, the main issue for most people will be how to make the most of the current regulations in the UK and ensure that as much of their estate as possible will pass on to their chosen heirs.

It is important to start planning as early as possible. Make sure you make a will and keep it up to date and then look at the provisions provided by the law that could help you pass on your wealth in a tax efficient way.

Currently, there is a £325,000 threshold before inheritance tax becomes payable. It is then charged at 40% on the value of the estate above the threshold. However, there is not tax to pay if a person leaves their estate to their spouse when they die.

Since 2007, married couples and civil partners have been able to effectively double the threshold to £650,000 at today's rates when the second spouse dies. This won't happen automatically, however. To take advantage of this benefit, the first spouse's unused inheritance tax threshold or "nil rate band" as it is known must be transferred to the second spouse when they die.

A solicitor will be able to advise on how this should be done.

There are other provisions people may wish to consider. For example, if you live for seven years after making a gift to someone there will usually be no inheritance tax liability - no matter how large the gift.

You can also give away a total of £3,000 each year, either to one person alone or divided between several people, without the recipients being liable for inheritance tax on the gift when you die. Gifts made to charities, either in your will or in your lifetime, are also exempt from inheritance tax.

Inheritance tax planning can be quite complicated so it is wise to seek legal advice as soon as possible to make the most of the provisions available.

For more information on this or to make a will please contact Alison Playle on 0115 947 0641.

Top tips for making your will

• Make a list of all your assets and approximate values. Include details of your bank and building society accounts, other savings, shares investment policies, life insurance, pensions and property that you own. Also list any debts such as mortgage and credit cards. This is useful for the solicitor drawing up your will and if you keep it up to date is a big help for anyone sorting out your affairs in the future.
• Think about who you want to sort out your affairs on death. This might be your spouse, children or a family friend. Ask them if they would be prepared to do this for you.
• Make a list of any specificgifts you would like to mkae. Such as £500 to my grandchildren or the gift of a family heirloom. Grandfather's gold pocket watch to my son.
• Decide who is to receive everything else and think about who should receive this if they die befroe you. Such as everything to my wife if she dies before me then to my children.
• Bring yuor address book to your appointment so that you can have the addressees and full names of anyone who will be mentioned in the will.
• When arranging an appointment ask the name of who will be dealing with drawing up the will for you and ask for their direct telephone number. Write down these details and the date and time for your appointment.
• If you have to cancel let them know as soon as possible.
• Do not keep your original will at home. They get lost! Most solicitors offer to store wills in a fire proof strong room and will provide you with a copy of your will.
• Look at your will at least once every three years and check it still reflects your wishes. You do not need to change your will if addresses change or even if a grandaughter gets married, but it is a good idea to do a short note with details of the change and send it to your solicitor to be placed with your will.
• If you live alone it is a good idea for your solicitor to have an up to date list of your assets kept with your will.

For more information please contact Alison Playle on 0115 947 0641 or email aplayle@andersonssolicitors.co.uk

Now it’s cheaper to register Lasting Powers of Attorney

The process of registering Lasting Powers of Attorney (LPA) is now cheaper and simpler.

The cost of registration has been reduced from £150 to £120 and the forms and accompanying documentation now use plainer language.

LPAs have proved very popular since they replaced the old Enduring Powers of Attorney (EPA) in 2007 because they offer more choice to people who want to prepare for a time when they may lose some of their mental capacity.

The property and finance LPA allows you to appoint someone to look after your financial affairs if you become physically or mentally incapable of doing so yourself - or if you spend time abroad and would like someone to manage your affairs.

The personal welfare LPA lets you grant an attorney authority over such matters as health care and the kind of medical treatment you receive but cannot be used until you become mentally incapable.

The Office of the Public Guardian needs to register LPAs before they can be used. Registration is followed by a 42-day statutory waiting period to allow interested parties to raise objections to the registration. This waiting period is one of the safeguards built into the process to ensure that the LPA has been drawn up properly and is not fraudulent.

People who have registered LPAs say it provides peace of mind to know that arrangements are in place to protect their interests should they lose the capacity to do so themselves as they get older.

By Alison Playle - solicitor in the Wills and Probate Department at Andersons Solicitors she can be contacted on 0115 947 0641 or by emailing: aplayle@andersonssolicitors.co.uk

Don’t let a battle of wills split your family

Family disputes over wills have risen dramatically in recent years, partly because of the rising number of second marriages and the increasing value of estates.

A typical problem arises when a man marries for a second time but then leaves most of his wealth to the children of his first marriage. The second wife may feel she hasn’t been adequately provided for and decide to challenge the will.

The problem also occurs the other way round with a man leaving all his estate to his second wife and nothing or very little to the children of his first marriage.

There are cases in which a will ignores someone like a son or daughter who expects to inherit but gives no explanation as to why that person has been missed out.

There can be other strong reasons why someone might challenge a will.

Disputes can arise because a relative feels the person making the will was subjected to undue influence by someone who wants to benefit unfairly. This might be particularly relevant if close relatives are overlooked and the estate is left to someone outside the family.

Most of these problems can be avoided if you make a will while you are fit and healthy. No one wants to spark a family rift. Make your intentions clear and unequivocal so there is no unseemly squabbling once you’ve gone.

To avoid these problems we advise you see a solicitor. Make an appointment now to make your will by contacting Alison Playle on 0115 947 0641 or by emailing aplayle@andersonssolicitors.co.uk.

Alison Playle of Andersons Solicitors accepted as member of Solicitors for the Elderly

Alison Playle of Andersons Solicitors is celebrating after passing her exams to be accepted as a member of the national association Solicitors for the Elderly (SFE).

Membership can only be attained by Solicitors who have a high level of experience, competence and professionalism when dealing with older people and their carers.

Andersons, the Nottingham based solicitors, provides a variety of specialist legal services. The firm has a team of lawyers who specialise in legal issues for the elderly. Alison’s membership of SFE will provide clients with the assurance that Andersons has wide ranging expertise in providing legal services for the elderly.
Alison said “I have been specialising in legal services for the elderly for over 15 years, and am looking forward to continuing my development in this area so that I am able to give my clients and colleagues first class legal advice in a field of law which is constantly evolving, as the requirements of the elderly population change.”

For more information please call Alison Playlre on 0115 947 0641 or email aplayle@andersonssolicitors.co.uk