It is commonly believed that husbands and wives are automatically entitled to inherit everything from each other, but this is not the case. Dying without a will means your possessions will be distributed according to the laws of intestacy.
Around 70% of the population does not have a will, leaving a very uncertain future for their families.
Making a will ensures your hard earned possessions will go to those whom you want to benefit from them. A well drafted will can also help ease the burden of care fees and help mitigate Inheritance Tax.
There are many occasion where trusts should be included - this is usually to ensure that family is well provided for or to mitigate inheritance tax or care fees. Here are some typical trusts which may be used.
LIFE INTEREST TRUST
This trust is usually used to ensure that a partner or spouse from a later relationship will not be deprived of a place to live, but ensuring that your children from a previous relationship do not lose their inheritance if your surviving partner/spouse is involved in a new relationship after your death.
RIGHTS OF OCCUPATION TRUST
This is similar to the life interest trust above in that they can protect assets from creditors and being passed to someone you do not want it to pass to. However the difference is that once the right to occupy the property ends, e.g. the surviving partner/spouse remarries, the trust ends, and the beneficiary has a vested interest at that point.
Sometimes certain circumstances mat make it difficult to ascertain how much money a beneficiary is going to need and when they are going to need it. This is particularly true when making provision for children or dependant relatives. This trust gives the Trustees to power to give varying amounts of money to a beneficiary as and when they need it.
FAMILY PROTECTION TRUST
A Family Protection Trust is like youe own prsonal safety deposit box. It is used in conjuction wiht your will and helps ensure your families future inheritance is preserved for their benefit.
It can help with many aspect of estate planning including the following:-
- Eliminate/reduce probate fees, delay and administration
- Make sure that your loved ones inherit at the right time for them
- Avoid passing Inhritance Tax to your children
- Avoid the possibility of disinheritance de to 2nd marriges
- Avoid certain legal clams on your estate by family you wish to disinherit.
K D Walker Will Writers comply with the IPW code of practice and are a member of the Chartered Trading Standards Institute