Can I make a valid Will during COVID-19?

This is a question that we are getting asked almost on a daily basis, so…

Can you make a valid Will during COVID-19?

Firstly, what does a ‘valid Will’ mean and secondly, why does that matter?

BUT, if you are short on time, YES! You can still make a valid Will during COVID-19.

There has been a lot of speculation in the media, recently, about whether some of the legal obligations surrounding the making of Wills should be relaxed in the current circumstances, but as of yet this has NOT happened and so, for the facts:

In order for a Will to be valid there are some legalities that must be followed and in place, including:

The person making the Will, sometimes termed as the Testator, must be 18 years of age or over (save for some very rare exceptions);

The Will must have been made voluntarily;

You must be of sound mind (and have capacity) when making your Will;

The Will must be in writing;

The Will must be signed by you, the Testator, in the presence of two witnesses, both of whom are over the age of 18;

Both witnesses to your signature must also sign the Will in your presence;

The Witnesses should not be a beneficiary, or your spouse, as any gifts to them within the Will would then fail.

This may seem like a lot to consider, especially given the current circumstances that we are living in.

However, we are still working and able to take instructions, draft and witness valid Wills during this time.

So, why is it important to have a valid Will in place?

Only if the Will is valid, can it be accepted by the Probate registry and used to follow your wishes and distribute your Estate following your death.

We are always available for a free consultation, so if you want to check your existing Will, have any questions or put a new Will in place, get in touch.

For a free consultation, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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30th April 202030th April 2020

Should you put preferences and Instructions in your Lasting Power of Attorney?

Should you put preferences and Instructions in your Lasting Power of Attorney?

When making your Lasting Power of Attorney, both in relation to Health & Welfare and Property & Financial Affairs, you have the option to include preferences and instructions.

In practice, most people leave these sections of the Lasting Power of Attorney blank BUT…this is completely up to you. It is your Lasting Power of Attorney, you are appointing people you trust to make decisions for you and so you may want to leave them preferences and instructions.

So, what are the differences between preferences and instructions and what are some examples?

Preferences in a Lasting Power of Attorney

Preferences in your Lasting Power of Attorney are the things that you would like your Attorneys to think about and consider when making decisions for you.

Therefore, preferences are not mandatory and do not have to be followed but are instead a consideration for your Attorney to bear in mind.

Preferences cannot be written as directions and cannot force your Attorney to do, or refuse to do, something or stipulate that your Attorney take, or refuse, a specific decision or action.

Examples of Preferences in a Lasting Power of Attorney

Preferences in your Lasting Power of Attorney may ask your Attorneys to bear in mind the following considerations:

Preference as to WHERE you live

This could mean that your Attorneys have to consider this when making decisions about your living arrangements and how close you are to relatives, friends and loved ones for example.

Preference as to the TYPES OF MEDICINE that are prescribed

This could ask your Attorneys to bear in mind only generic medications.

Preferences as to ACTIVITIES and EXERCISE

This could state your preferences to your Attorneys in relation to how much activity and exercise you like to partake in or how long or frequently you would like to spend outside whilst you are mobile enough to do so.

Preferences in relation to PETS and ANIMALS

This option allows you to ask your Attorneys to consider your preferences in relation to living with animals and pets whether in your own home, living with relatives or if you have to move into sheltered accommodation, a care home or nursing home.

Preferences in relation to PERSONAL HYGIENE

This allows you to state your preferences in relation to maintenance of your personal hygiene such as frequency or haircuts, manicures, pedicures and the like.

Preferences in relation to REINVESTING

A preference in relation to reinvesting could ask your Attorneys to consider reinvesting all of the interest on any of your investments into your annual ISA allowance.

Preferences in relation to FINANCES

Preferences in relation to your finances could include asking your Attorneys to consider maintaining a minimum amount in your bank account or give consideration to making charitable donations and how much and how often these should be considered.

Instructions in a Lasting Power of Attorney

Instructions in your Lasting Power of Attorney are mandatory and therefore, unlike preferences, must be followed by your Attorneys.

If you choose to include instructions in your Lasting Power of Attorney, then you should use words such as ‘must’, ‘shall’ ‘have to’, in order to demonstrate that there is no choice in the Attorney complying with the instruction.

If you decide to pay your Attorneys, for acting as an Attorney, then this should be included within the Instructions in your Lasting Power of Attorney.

Examples of Instructions in a Lasting Power of Attorney

Some examples of Instructions that you may give to your Attorneys, in your Lasting Power of Attorney are as follows:

Instructions in relation to MOVING IN TO A CARE HOME

You could state that your Attorneys must not take the decision to move you into a Care Home, or residential care, unless they have been advised by a Doctor, or your GP, that you can no longer live independently.

Instructions in relation to BLOOD TRANSFUSIONS or MEDICAL TREATMENT INVOLVING BLOOD PRODUCTS

This type of instruction may be particularly important depending on your religion and you therefore may want to give your Attorneys clear instructions to refuse any medical treatment involving blood products.

Instructions in relation to DIET

Again, this type of instruction may be particularly important depending on your religion or ethical beliefs. You may want to give your Attorneys clear instructions as to ensuring that you follow, and are only given, a particular diet, such as vegetarian or vegan for example.

Instructions in relation to INVESTMENTS

This type of Instruction could state that your Attorney must seek advice from a Financial Adviser before making any investments above a specified amount.

Instructions in relation to your PROPERTY

You may want to give instructions to your Attorneys in relation to how your property is dealt with, for example stating that your home is not to be sold unless, in the opinion of a Doctor or your GP, you can no longer live independently.

Instructions in relation to making GIFTS

You may instruct your Attorneys that they cannot make gifts or that they must make gifts. If gifts must be made, you should give instructions as to who the gifts should be made to, whether that be individuals or charities, as well as considering giving details as to the amount and frequency of the gifts.

Instructions in relation to ANNUAL ACCOUNTS

This type of instruction may be given where you are appointing a professional to act as your Attorney and want Annual Accounts to be sent to specified family members or close friends.

IMPORTANT NOTE: YOU MUST INCLUDE INSTRUCTIONS IF:

you have investments managed by a bank and want that to continue; and
you want to allow your attorneys to let a bank manage your investments

If you have any questions, or would like a FREE consultation, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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16th April 202023rd April 2020

We will review your Will…for FREE!

We will review your Will...for FREE!

So, you have a Will in place…GREAT!

But…it was made 5, 10, 15 (plus!) years ago?

How much has changed since you made your Will…and we are not just talking about the situation that we now find ourselves in with COVID-19. We are talking changes in family dynamics, change in assets, moving house, having children, grandchildren, maybe even great-grandchildren!

Does your Will still do what you want it to and most importantly, does it ensure that everything that you have worked so hard for, goes to where YOU want it to?

We offer a FREE Will Review to check just that, and talk through anything that may be missing.

Just to be clear…this Will Review is COMPLETELY FREE and there is absolutely no obligation or follow up from us (unless you want it, of course!).

We always recommend reviewing your Will every 2-5 years, as so much can change in that time. If your Will is still doing what you want it to then, great, put it back safely to where it is stored and review again in a couple of years.

So, what are some of the key areas that you should be thinking about when deciding upon whether to review your Will?

EXECUTORS

Are the people that you have appointed to

administer your Estate (your Executors) still the people that you want to be in charge?

This may change over time, as people get older and relationships change. When you first made your Will, you may have appointed parents, who may now be too old to take on such a responsibility, perhaps your siblings or even adult children may be better placed to take on this role?

GUARDIANS

Guardians are put in place within your Will as

the designated person, or people, to legally take care of your children if you are no longer around to be able to do so. When reviewing your Will it is worth considering who you have in as your Guardians, much like Executors, you may have appointed parents, who may now be too old to take on the role, perhaps your siblings or close friends may be better placed?

BENEFICIARIES

Your Will is your chance to ensure that

everything you have worked for, goes to those YOU want it to and that may well change as you grow, circumstances change and new additions to the family come along. Reviewing your Will can ensure that those beneficiaries that you want to inherit, WILL.

INHERITANCE TAX PLANNING

Are there provisions and planning that can be

done now, or in the near future, to reduce your Inheritance Tax liability later on?

TRUSTS

Trusts allow you to protect your assets and

ensure they are looked after for the beneficiary or beneficiaries.

DISABLED TRUSTS

Are you leaving money to a Vulnerable Person (a minor or an adult)? This could affect their means-tested benefits should they receive a substantial inheritance and so a Disabled Person’s Trust may be worthwhile considering to mitigate this.

CARE HOME FEES

Is there planing that can be done now to protect your Home from Care Home Fees should care for you or your spouse/partner be necessary in the future?

There are so many decisions to think about and choices to make, but don’t let that put you off!

We can help you through any queries that you have and make things as simple and easy as possible.

ENSURE YOUR WILL DOES WHAT YOU WANT IT TO

If you have any questions, or would like a FREE review of your existing Will, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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2nd April 202022nd April 2020

Business as UNusual

Business as UNusual

What strange times we all find ourselves in…it is like we are living a movie!

However, for many of us, ‘the show must go on’!

Whilst we are all figuring out the ‘new’ normal and new routine for the whole family, whether that be juggling homeschooling, pets, home working and office space at home or perhaps something altogether new…some things will never change.

Now, more than ever, we need to work together and pull together as a community!

We have adapted our working style, and for those of you that have worked with us before will realise this is a bit of a shift for us. We usually see all of our clients at least once and visit them at home. This of course, is not possible right now.

So, we are still carrying out meetings, albeit remotely via Zoom, Skype, Facetime or traditional telephone – whatever works best for our clients. We prefer a face-to-face call, it is much more personal and we can ensure that our clients understand everything and have the opportunity to ask all of their questions and still receive the best service possible.

We aren’t going to harp on about how important Wills and Lasting Powers of Attorney are (we do that so often and now, more so than ever, it is a scary thought that it may all be needed sooner than we would ever have liked!).

However, it is something that we would like YOU to have a think about and at least consider putting in place.

We offer a free consultation, with absolutely no obligation, at your convenience to ask any questions that you may have. We also offer a free Will review service, to go through your existing Will and ensure it still does what you want it to!

So, we look forward to you taking us up on our offer of a free review or consultation.

Stay Safe!

If you have any questions, would like to consider putting a Will in place or a FREE review of your existing Will, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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19th March 202023rd April 2020

What can we learn from these celebrities’ deaths?

What can we learn from these celebrities' deaths?

We are always saying how important it is to have a Will (well, we would, wouldn’t we!).

However, celebrity deaths often highlight the importance of having a Will through the complications, legal battles and high-profile disputes that occur following their death.

So, what can we learn from them?

Keep Control of WHO you want to benefit from everything you have worked hard for

When Prince died in April 2016, he left behind an Estate that was worth an estimated £230million.

With no Will in place it was decided by a Probate Judge that his Estate would be divided between his sister and five half-siblings (despite numerous claims from alleged ex-wives, children, siblings and other relatives).

During his lifetime, Prince had many legal disputes with his half-siblings and thus it is unlikely he would have wanted them to benefit from his Estate, although we will never know.

Leaving a Will, ensures that you can leave what you want to WHO you want to benefit!

Be clear and specific

Although Audrey Hepburn died in 1993, due to her wishes being unclear, the legal battle in relation to her Estate was not resolved until 2015, some 22 years later!

Audrey Hepburn had left a Will but had stated that her ‘memorabilia’ would be split between her two sons although no instructions were given as to which items were to go to which son. The sons could not agree on the division of the memorabilia and thus a long and expensive legal battle ensued.

Giving detailed instructions within your Will (or even an attached Expression of Wishes) can save time, money and family feuds when you are no longer around.

It is never too early to put your Will in place (especially when you have children!)

Paul Walker died at just age 40 BUT he did leave a Will that he had made three years after the birth of his daughter, when he was just 28 (many of you may think this is young to make a Will!).

Paul Walker had left a brief Will but it was very clear that his Estate should pass to his daughter, in trust.

Paul Walker had also appointed his mother as legal Guardian of his daughter.

Putting Guardians in place is so important to ensure your children are brought up by the people YOU trust, should anything happen to you.

You can plan for more than just your finances, property and personal possessions

Muhammed Ali left behind an Estate worth approximately £61million and not only did he have the forethought to make a Will stating his wishes and who he wanted to benefit from his Estate but also how he wanted his funeral events and public memorial to be.

The extravagant events were carried out in accordance with his wishes, including a memorial service over several days, a festival and public memorial with over 15,000 of his fans.

Leaving your wishes regarding your funeral in your Will can ensure that there are no questions or disputes between loved ones as to what you want and relieves some of the emotional burden that could otherwise be felt.

If you have any questions or would like to consider planning for your future, by putting a Will in place, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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5th March 202031st October 2020

What happens if I die in the UK but want my body to return to my home country?

What happens if I die in the UK but want my body to return to my home country?

Last time we had a look at what happens if you die abroad and want your body to be returned to the UK…

Today, we take a brief look at what happens to those individuals that die in the UK but want to be repatriated to their home country.

Where a death occurs in the UK, registration of that death must take place within the UK (as registration of a death in the UK is compulsory where the death occurred in the UK).

For foreign residents in the UK, permission must be sought from the Coroner for repatriation to take place. Your family (or the person dealing with your death) may also need to register the death with the Consulate abroad too, especially where you are wanting your body to be returned to that country.

In order to be returned to your home country, following death, the body must be embalmed and laid to rest in a special coffin. It will also be necessary for the Embalmer, the Coroner, Medical Staff and Environmental Health to complete all of the necessary paperwork before repatriation can take place.

If you have any questions or would like to consider planning for your future, by putting a Will, Lasting Power of Attorney or a Funeral Plan in place, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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20th February 202022nd April 2020

What happens if I die abroad but want my body returned to the UK?

What happens if I die abroad but want my body returned to the UK?

Predicting the place, date and time of our death is near on impossible and so it is not unusual for a death to take place outside of the UK and needing the body to be returned for the Funeral and Burial or Cremation.

COSTS are a top concern when trying to get a body returned to the UK, following a death, and in some circumstances this may be covered by travel insurance but in other cases you may well be responsible for paying this. These costs can be extremely expensive and so when using a repatriation service it is very important to have an itemised quotation of exactly what services are included for what you are paying.

Practically though, what steps do you need to take?

You will need to obtain a Death Certificate for the individual from the country in which the death occurred and this will also need to be accompanied by a certified English translation (the British Consulate can assist with this). You will also require a certificate of embalming and permission to remove the deceased’s body from the country of death, again, the British Consulate will be able to assist with this.

The embalming certificate will need to confirm that the correct process has taken place and that the body has been embalmed and placed in a zinc-lined coffin ready for transportation back to the UK.

You may also find it useful to register the death with the British Consulate in the country where the death occurred and a UK Death Certificate may be obtained however, there may be an additional charge for this and this is not compulsory where you can obtain a certified English translation of the original Death Certificate.

Once you have all of the necessary paperwork and documentation you can then make arrangements for the body to be returned to the UK and again, the British consulate can advise as to Funeral Directors that can assist with this.

You will still need to contract the Register Office in the area that the funeral is taking place and confirm that the death has been registered abroad. You will then obtain a Certificate of no liability to register allowing the Funeral to proceed.

Alternatively, you may wish for a cremation to take place in the country that the death occurred in and for your ashes to be returned to the UK. This is possible, however, each country has their own rules in relation to transporting human ashes out of their country and so it is important to obtain advice from the British Consulate for that country in order that you can adhere to these.

If the cause of death was unknown then the Coroner may be involved and will hold an Inquest in the UK. However, it will not be possible to have the body cremated abroad where the cause of death is unknown and where an inquest is required upon return to the UK.

Leah Waller

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6th February 202023rd April 2020

When should I get a Will?

When should I get a Will?

We often get asked…

“Do I really need a Will, won’t everything just go to my children/husband/wife?”

Well, sadly it isn’t as simple as that (not many things are!).

You may have seen our flowchart of what happens if you die without a Will (also known as intestate) but here it is again:

So, as you can see, it is not as straightforward as you may have hoped.

It is not something we can predict (that is, when our time is up) however, it is something that we can plan for!

So, some of the stages in your life that you may want to consider putting a Will in place (if you haven’t already!) or reviewing your Will are:

Buying a Property

Whether you are buying a property to live in yourself, with someone else, or to rent out and use as an income, it is important to consider how that house is owned (solely, as Joint Tenants or as Tenants in Common) as this will have a bearing on what happens to the property upon your death.

If you are able to gift the property on your death (or part of the property) then your Will will determine exactly what happens to that property and who inherits.

If you are in doubt about how a current property of yours is held, or what consequences that has, please do get in touch and we can help.

Getting Married

When you get married, if you have no children and no Will in place, then everything will pass to your spouse upon your death.

However, when you have children, the first £250,000 (including the value of any property owned solely by you or as a Tenant in Common) will pass to your spouse along with all your possessions and the remainder will be split with your spouse receiving an interest in half and the remaining half being split equally between your children.

This may not be what you would want to happen and so making a Will is important.

Equally, where you marry for a second (or subsequent) time, you may want to protect some of you previous earnings and assets for children from a previous marriage or to dispose of in another way, rather than it all passing to your new spouse and so this is where a Will is extremely important.

A Will also becomes void on marriage (unless the Will states the intended marriage), this is something you need to consider and something that is not commonly known.

Becoming a Parent

We have discussed above how your assets are divided if you are married, have children but do not have a Will.

If you have children and are not married, then your assets are split equally between your children in the first instance.

There is no such thing as a ‘common-law husband or wife’ in relation to inheritance and so even if you have been ‘living as married’ your partner will not be entitled to any inheritance (unless they proceed with a lengthy legal claim under the Inheritance (Provision for Family and Dependants) Act 1975).

A Will allows you to put Trusts in place for your children so that you can set the age at which they inherit (rather than them inheriting at 18) and also allows you to provide for any vulnerable children that you may have, such as those with disabilities to ensure that their money is looked after and also doesn’t have any impact on their benefits in the future.

Another important aspect of a Will when you are a parent, is appointing Guardians!

Appointing Guardians in your Will gives you the opportunity to appoint the people that you trust to look after your children, and bring them up, should you no longer be around to do so. This saves any lengthy court cases and prevents the children from having to go into care or into the control of the Local Authorities whilst Legal Guardians are found for them.

These are just a few milestones that may trigger the need for a Will, we would encourage everyone over the age of 18 to get a Will (of course we would!) but apart from anything else it just means that you have peace of mind knowing that everything will be as YOU want it, and it removes that burden from your loved ones at what will already be a terribly difficult time for them.

How difficult is it to make a Will?

The process is quite simple, an initial meeting where we discuss your needs and take instructions should take no longer than an hour. Your Will writer can then draft the documents and arrange another meeting to sign everything off and make it legally valid. The process can be completed in just a few days depending on how complex your Will may be.

If you have any questions, would like to consider putting a Will in place or a FREE review of your existing Will, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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23rd January 202023rd April 2020

There are two certainties in life…

There are two certainties in life…

Benjamin Franklin is famous for stating:

...in this world nothing can be said to be certain, except death and taxes.

Benjamin Franklin

Now, we are only too aware that many people don’t want to talk about death, let alone their own or that of a loved one BUT this leaves a heavy burden on your surviving loved ones upon your death, not only emotionally but possibly even financially.

When getting sorted for when the time comes, one thing that we cannot recommend highly enough is a FUNERAL PLAN.

Putting a Funeral Plan in place gives you the peace of mind that your Funeral is organised, how you want and (most importantly, for many!) the Funeral Director services are paid for in advance.

This not only has the benefit of putting your mind at ease but also takes the financial burden off of your loved one at what is already a difficult time.

We set out below a table of the average cost of a Funeral throughout the years, as well as the predicted costs for 2020 and 2023, and you will see just how much those costs are increasing. It doesn’t take a genius to see that these increases are far above those of inflation!

Putting a Funeral Plan in place guarantees that all of the Funeral Directors service costs are covered and takes away the stress of putting the arrangements in place as this can all be done with a call to activate the plan.

If you would like more information or to discuss putting a funeral plan in place, call us on 01727 865 121 or email us at info@TotalLegacyCare.co.uk for a free, relaxed and considerate discussion on how we can help

Leah Waller

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9th January 20209th January 2020

Polar Bear Plunge St Albans 2020

Polar Bear Plunge
St Albans 2020

Happy New Year!

We were absolutely thrilled to be involved with the Polar Bear Plunge St Albans 2020 on New Year’s Day! It was a fabulous day and the community of St Albans really pulled together (don’t they always!) and fun was had by all!

There are so many brilliant photos (taken by Jo of Striking Places Photography) and these can all be found here.

Our very own Director, Neil, opened the Plunge…

Then the Public Plunging began and here is a selection of just a few of our favourite photos…there are so many more!

As you can see, the fancy dress was exceptional (picking our favourite photos was definitely a struggle!)

We were even joined by some sports groups that were starting the New Year with a challenge!

And, we couldn’t miss this photo, for those that needed that little extra encouragement…

We even got to meet the Hertfordshire Year of Culture 2020 Mascot…

We had a great day (as you can tell from our smiles) and all in aid of two amazing local charities, Earthworks St Albans and Small Acts of Kindness.

We won’t hide the fact that, YES, it is cold but it is also fun and a great way to do something as a family, sports group, business or even on your own!

Quite a few spectators were disappointed they hadn’t brought their swimsuits with them as once they had seen people take the plunge, as they wanted to do it themselves.

A number of plungers also had ideas for next year’s plunge.

We’re expecting the next plunge to be even bigger and better!

If you want to be involved in the Plunge in 2021; whether sponsoring, volunteering or plunging, please do get in touch…Info@TotalLegacyCare.co.uk

Leah Waller

Can I make a valid Will during COVID-19?

Should you put preferences and Instructions in your Lasting Power of Attorney?

Preferences in a Lasting Power of Attorney

Examples of Preferences in a Lasting Power of Attorney

Instructions in a Lasting Power of Attorney

Examples of Instructions in a Lasting Power of Attorney

We will review your Will...for FREE!

EXECUTORS

GUARDIANS

BENEFICIARIES

INHERITANCE TAX PLANNING

TRUSTS

DISABLED TRUSTS

CARE HOME FEES

ENSURE YOUR WILL DOES WHAT YOU WANT IT TO

Business as UNusual

Stay Safe!

What can we learn from these celebrities' deaths?

What happens if I die in the UK but want my body to return to my home country?

What happens if I die abroad but want my body returned to the UK?

When should I get a Will?

There are two certainties in life…

Polar Bear PlungeSt Albans 2020

Happy New Year!

Polar Bear Plunge
St Albans 2020