Nursery Rhymes and Death... What is the connection?

So, why do we use nursery rhymes to talk about Death?!

It may seem like an unusual way to get our point across, but talking about death is always an uncomfortable conversation and so doing this through Nursery Rhymes has been a great way of getting people talking and encouraging them to plan for their families’ future!!

Nobody likes to think about death, as is evident by almost half the country not having a Will in place. Without the right planning in place, things can go terribly wrong and you have no control over where your hard-earned money ends up! Unnecessary pressures and burdens can drive families apart and this is something that nobody would really want.

So what do we want…here are some of the main reasons why we want you to plan properly for your family’s future:

your money goes where we want it to;
children are looked after and guardians (that you choose) are put in place if needed;
to make it as simple as possible during a time of grief for your family to deal with your estate and assets;
can reduce Tax complications ensuring that as much of your hard-earned money goes where, and to who, you want it to;
to give you piece of mind, knowing that your family is planned for, should the worst happen.
if you Google Wills, Lasting Power of Attorney (LPAs), Funeral Plans or Probate, you’ll get a raft of very sombre looking pages, using stock photos of sad-looking elderly people or a dull video explaining why each is important. It’s depressing watching and reading through them and so no wonder the majority of people put it off, don’t act and fail to get the right measures in place.

We are very different here at TLC!!

We want people to feel relaxed talking about these subjects, understand the implications but know there are solutions and we always aim to put people at ease and answer any questions that they may have. Talking about the ‘Elephant in the room’ is so important to plan for your family’s future, that’s why we take a different spin on things!

We love making videos to explain our world (and get our personalities across!). YouTube is the second largest search engine and therefore more people are looking to video for information – we don’t want to miss this opportunity.

Most people don’t like thinking about, let alone answering, the question “Who will look after my children if I die before they turn 18?” That is where we decided to use Nursery Rhymes to explain the scenario in a way that, we hope, people can relate to.

So, what videos have we produced so far?

Jack & Jill

Possibly the most popular of all Nursery Rhymes.

In this short video, we explain:

what happens to your estate if there is no Will in place;
what happens to your estate, if you have a partner but are not married;
how a Will is used to carry out your wishes;
what happens if you remarry after the death of your former-spouse;
how a Will is void on marriage; and
how your children could receive nothing if not properly planned for.

Humpty Dumpty

Another classic Nursery Rhyme…with a twist.

We look at the loss of capacity and how a Lasting Power of Attorney (LPA) can really help. We look at some of the burdens and complications faced when there is no LPA is place and when there is no one that can act for you when you are unable to act for yourself due to a lack of capacity.

We explain:

how banks can freeze bank accounts if an account holder loses capacity;
how partners/family members have to find ways to pay bills, liabilities and maybe even healthcare on behalf of their loved one with no access to their accounts;
the different types of Lasting Power of Attorney;
the complications on deciding on healthcare; and
the authority to sell a loved one’s home.

Little old Women who lived in a shoe

This is the most delicate of subjects, talking about who we would want to be the Guardians of our children should we not be around.

In this video we explain:

what could happen to the children if your proposed guardians are not stated in a Will; and
how a simple Will could make life so much easier for your children and those you have left behind.

Although the videos are light hearted, this is done in a delicate way to ensure that we never sway away from how important our work is and, although we may make the videos fun, we are professional and knowledgeable within our field.

Neil Barras-Smith

Got a Question or want to book a FREE Consultation?

29th October 201819th October 2021

Will Inheritance Tax be payable on my Estate?

Will Inheritance Tax be payable on my Estate?

Inheritance Tax is payable at 40% upon death where an estate exceeds the Nil Rate Band (the Nil Rate Band is a personal allowance, that each individual is able to gift, upon death, without attracting any Inheritance Tax (for 2021/22 this is £325,000 per person)).

For more information on the Nil Rate Band and Residential Nil Rate Band, check out our article – Inheritance Tax: Record £5.2billion paid by UK in 2017/18

It is therefore important to know what your estate is, what assets form part of your estate and how your estate is valued. You can then plan accordingly to try and reduce your Inheritance Tax liability where possible and prepare for such an Inheritance tax bill if necessary.

First things first…What is your estate?

Your estate includes all of your assets, whether owned outright, solely or jointly. The combined total of this will then be used to calculate your Inheritance Tax liability.

However, any liabilities or debts that you leave will be deducted from the value of your assets before any Inheritance Tax is calculated. Any debts or liabilities owing at the time of your death are payable by your estate and so this value is reduced from the total value of your assets.

What assets are included when valuing your estate?

When calculating the value of your estate, all of your assets are valued at the date of death, and these assets will include:

– any asset which you can dispose of (sell, transfer or gift) in your Will, or which will pass by the Rules of Intestacy if you do not have a Will in place. This includes:

o Property, Land, Buildings and any Interest in Property, Land, Buildings

including your home and any other property, land or buildings that you own or own with anyone else (including those that have a mortgage on them). This also includes any properties, land or buildings that you have an interest in.

o Personal Items

including all household items and any items or possessions owned by you such as jewellery, clothing, glassware, silverware, china, porcelain, electrical goods, any works of art, vehicles, caravans, boats, planes and any collections (stamps/coins etc.).

o Bank and Building Society Accounts / Savings

the money in all banks, buildings societies, saving accounts and ISAs as well as any accrued interest (whether or not credited to the account yet) at the date of death.

o Premium Bonds / NS&I Products

savings with National Savings and Investments which may take a similar form to a bank or building society or may well be investments or premium bonds.

o Pensions

Where pension payments continue after death they may be taken into account when valuing assets upon death, although these may well be exempt where the payments are made to a surviving spouse or civil partner.

Any lump sum payment that is made from the pension, upon death, may be liable to Inheritance Tax and form part of your estate but this will depend on the pension scheme rules and nominations.

o Life Insurance Policies

payments from Life Insurance policies may be included within your assets unless they are written into trust for your beneficiaries. However, this will depend on the Life Insurance policy and terms of such policies.

o Shares and Investments

including all stocks, shares and investments held either solely or jointly by you upon your death.

o Employment Benefits

you may be entitled to outstanding payments from your employer if you die whilst still in employment, and if so, this will form part of your estate. However, if you have been paid in advance there may be a debt due from the estate to your employer. You may also be due share incentives, as part of your employment package, and this should also be considered.

o State Benefits

your estate may be due some state benefits from the date of last receipt to the date of death. The Department for Work and Pensions should be written to in order to obtain this information.

o Other Items

§ Lifetime Gifts that have been made within the seven years prior to your death that have reduced the value of your estate may need to be included.

§ Credit / Refunds including those that are due from utilities that have been paid in advance.

– any assets that are passed to others regardless of your Will or the Rules of Intestacy

o this will include any property that passes because it was held by you as a joint tenant and therefore automatically passes to the other joint tenant/s upon your death.

– any assets that are included by way of legislation or statutory provisions

o Trusts that you have a qualifying interest in (Interest in Possession, Immediate Post-Death Interest, Disabled Person’s Interest or Transitional Serial Interest).

o Gifts with a Reservation of Benefit including any gift that is given by you but that you retained an interest in or that you continued to benefit from (such as a property that you have transferred but continue to reside in).

o Gifts of an asset, or where you have helped to buy an asset and received a benefit from that gift or asset during your lifetime

We said earlier that your estate value is reduced by any debts and liabilities, so let’s take a look at what that could include:

Funeral Expenses
Outstanding utilities accounts such as gas, electric, water, landline, mobile phone, internet/broadband, TV, insurances etc.
Council Tax
Credit accounts such as credit cards, catalogues, standing orders, direct debits etc.
Overdrafts and Loans
TV Licence
Mortgage or Rent
Miscellaneous accounts such as a milkman, gardener, newsagent or similar.

You may find it useful to check out our article – Inheritance Tax: What can be done to reduce your exposure?

If you would like to have a free chat about your Inheritance Tax liability and planning for the future, please contact us on
or 01727 865 121

Leah Waller

Got a Question or want to book a FREE Consultation?

16th October 201823rd April 2020

How I chose the guardians for my children…

How I chose the guardians for my children...

When choosing to put guardians in your Will what should you consider?

Often, when we are taking instructions from our clients, the conversation around putting guardians in place is one of the toughest.

For many, the main reason for getting their Will sorted is heavily influenced by who should look after their children if the worst happened. As a parent, it is especially hard to imagine someone else bringing up your children, nobody wants to think about what will happen if they are not around, but it is always worthwhile planning for and having measures in place should the tragic situation arise.

So, who is best to choose as guardians, what should you consider and how is best to tackle this difficult consideration and the conversation with your proposed guardians?

Using my own circumstances as an example, when I put my Will in place, I had to consider all of the following:

1) Where would my children like to be (who with and location) if both of their parents were no longer around to look after them?

2) Friends; I thought that during this tricky time of grief, my children would need to remain with as close to a normal routine as possible. Location was key to this so they can keep contact with friends, remain at a school they are familiar with, have family close to them and continue with clubs and activities they are used to and enjoy. This is not possible for everyone but was a consideration for me.

3) Stability; choosing guardians that are able to look after my children until they are 18 and/or no longer need guardians was extremely important. Faced with the loss of their parents and moving in with guardians once is traumatic and I wouldn’t want this to happen again should their chosen guardians not be around until they reached an age they could live independently.

4) The age of my proposed guardians; if the worst should happen now, it may be ok for my parents to cope with looking after my children, but what happens in 10 years’ time, will my parents be too old to cope or will it be too much for them?

5) Am I burdening someone with the challenge of bringing up two (possibly additional) children?

6) How will I finance my children through schooling and further education if I no longer had a regular wage coming in, I couldn’t expect someone to take on the responsibility of looking after my children and the added financial burden too?

All of these thoughts and worries ran through my head and I have always been a believer in the phrase “never ask someone to do something for you that you wouldn’t do in return for them”.

After careful consideration with my wife, we decided that the best person to be guardian of our children, should the circumstances occur, was my sister.

I wanted to have the conversation with my sister to ensure she was okay with this decision and once I had that conversation she was honoured and relieved that I had asked and had said that it was something that had been playing on her mind for a while but didn’t want to address it.

My sister also asked if I would be guardian to her children and this prompted her to put her Will in place soon after.

It was important to me to consider location; if my sister was a hundred miles away or even in a different country, would I have made the same decision? Probably not. Would I have wanted to put the burden on my parents? Would I look to a friend to be guardians of my children? There is a lot to consider all whilst bearing in mind what is best for my children. Then I had to consider reserve guardians, what if my sister was not willing to act if the time came, or she was no longer around. I went through the same considerations when putting my reserve guardians in place to cover this eventuality.

One thing playing on my mind when I first began planning my Will and who I would appoint as guardians was, if I don’t plan, prepare and choose guardians, who will?

In circumstances where guardians have not been named in a Will, and no provision has been made for the children, the responsibility falls to the Local Authority to place children with guardians. The Local Authority have a duty to take care of the children’s best interests whilst making their decision, but this could take time and there is a possibility of being placed in temporary care whilst this process takes place. A harrowing thought that urged me to get my wishes written in my Will.

Like most of our clients, when I finally signed my Will, I felt a relief that despite what the future holds for me, I have taken the precautionary measures to ensure my children are looked after by the right people.

The lesson I learnt when dealing with this was that it’s always best to have these conversations and speak openly about your concerns. We managed to resolve two issues in one; guardians for both my children and my nephews.

I’m not saying that this is the solution for everyone and other family dynamics are different but, having these conversations are always worthwhile and ensuring that those people that you would like as your guardians understand the responsibility and are happy with the decision.

If you would like to discuss your Will and potential Guardians, call us on 01727 865 121 or email us at info@TotalLegacyCare.co.uk for a free discussion on how we can help.

Neil Barras-Smith

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25th September 201823rd April 2020

When should I make a Will?

When should I make a Will?

We often hear:

I’m too young to think about a Will

I don’t have time to make a Will

I don’t have anything to leave in my Will

My family know what I want to happen to my things when I die

I haven’t got around to sorting my Will yet but I know I should…

So, when should you put a Will in place?

Honestly, there is no right answer, no one size fits all! Everyone’s circumstances are different and so timing will be different for everyone.

Everyone’s lives take different paths and at different ages.

Below we have set out some of the milestones that making and reviewing your Will should be considered:

Buying your first property

When most people buy a property it is usually their most valuable asset, so when buying your first property it is important to consider (among all the other considerations when taking the plunge and buying your first property!) who your property, along with all your other possessions, should be left to.

Getting married

When you get married any previous Will that you may have is revoked and so is completely invalid. Once you are married, priorities change and so may your wishes in relation to your possessions so shortly after a marriage, or in contemplation of marriage, your Will should be reviewed.

If a Will is created in contemplation of a specified marriage then the said marriage will not revoke the Will, however any other marriage will revoke an existing Will.

Having a baby

Whether you have your own children, are fostering or adopting, having a child, or children, changes your life and means you are responsible for more than just yourself.

A growing family comes with so many considerations, worries and changes, not least the major question as to who you would want as the guardians of your children should you no longer be around. If guardians are not stated in a Will there is a possibility that the local authority may become involved and place the children in care whilst they decide who is best to look after your children… a worrying thought!!

Buying a new or bigger property

As we said, your property is usually your most valuable asset and so when buying any new property and with a change in financial circumstances, your Will should be a key consideration to ensure it still covers you and what you want to happen to your property and possessions.

Investing in buy-to-let properties or second homes

When investing in more property you should also consider your Will and taking advice in relation to the financial implications on the properties that you own, not only during your lifetime but also in relation to Inheritance Tax and what can be done to try and reduce this.

Investing in assets abroad

When you invest in assets abroad they may not be covered by your Will that has been made in the UK. When buying property or any other assets that will be kept in another country you should consider whether legal documentation is required in that country to cover your assets and your inheritance wishes.

Getting divorced

So, you’ve got divorced, do you still want your property and possessions to go to your former-spouse?

Although a marriage revokes a Will, a divorce doesn’t! It is worth reviewing your Will at the end of a marriage to ensure that what you want to happen is set out in your Will…it’s unlikely that you still want your former-spouse to inherit all of your worldly assets.

Getting re-married

As we have set out above, when you get married, whether for the first time or a subsequent marriage, any existing Will that you have in place is revoked.

You may also want to consider putting exclusions within your Will to state that any former-spouse should not benefit under your Will. You may also want to protect inheritance for children you may have had from preious relationships.

Owning a business

When you take the leap to start your own business, your financial situation will change again and you are potentially bringing more assets into your estate. Depending on the business setup you may need to take this into account within your Will. There are also tax reliefs you can utilise for businesses if planned properly.

Death of a Grandparent / Receipt of Inheritance

When you are a beneficiary under a loved one’s estate you are bringing more assets, and therefore more value, into your own estate. This is an important time to take account of the value of your estate and whether you should be taking steps to try and limit or reduce the amount of inheritance tax that may well be payable on your own estate.

Grandchildren

When you have grandchildren, as when you have children, your family is growing again and this is another generation that you may well wish to make specific provisions for within your Will.

Retirement

This is another milestone where your financial circumstances change. You may well be taking steps to consider your finances and assets and so this is the perfect opportunity to review your Will and provisions that you have set out.

Death of a Parent

This is a situation that none of us want to think about.

However, with more assets coming into your estate, the possibility of additional properties and valuables becoming your own, it is worth considering the tax implications and ensuring that your Will properly provides for your own loved ones in the way you want to.

There is never a right time to put a Will in place but as you can see there are many milestones throughout your lifetime in which your Will and future wishes should be considered and reviewed to ensure that your present Will does what you want it to.

To put a Will in place, is more simple than you think. It’s not an arduous task and we make it as simple as we possibly can.

If you would like to have a free chat about your Will, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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Got a Question or want to book a FREE Consultation?

14th September 201823rd April 2020

Inheritance Tax: What can be done to reduce your exposure?

Inheritance Tax: What can be done to reduce your exposure?

The Government received £5.2billion in Inheritance Tax last year but only one in twenty estates actually paid Inheritance Tax.

So, let’s have a look at some of the ways you may be able to reduce your exposure to Inheritance Tax:-

Nil Rate Band

The Nil Rate Band is a personal allowance, that each individual is able to gift, upon death, without attracting any Inheritance Tax. The Nil Rate Band for 2018/19 is set at £325,000 per person and this is considered by the Government every April.

Residential Nil Rate Band

In addition to the Nil Rate Band (explained above), if you are passing property to a direct descendant (a child, grandchild, great-grandchildren, step-children, adopted children or foster children) then you are entitled to claim the Residential Nil Rate Band. The Residential Nil Rate Band is currently set at £125,000 and this can be added to your Nil Rate Band of £325,000 meaning that you can pass £450,000 including a property (to a direct descendant) and this will be exempt from Inheritance Tax.

Gifts to Charity

If you leave at least 10% of your estate to charity, then the rate of Inheritance Tax that will be paid is reduced from 40% to 36%.

Lifetime Gifts

Gifts of large sums of money given during your lifetime may still be liable to Inheritance Tax if you do not survive for seven years following the gift being given. Although the rate of Inheritance Tax may reduce depending on when the gift was given in relation to the time of death.

Gifts of £3,000

You can make gifts of up to £3,000 in each tax year and this will not attract Inheritance Tax. This £3,000 is a combined total but if no gifts are given in one tax year then this can be rolled forward to the next tax year (this can only be rolled forward one tax year though!).

Small Gifts of £250

In addition to the £3,000 that you are able to gift, you are also able to gift the amount of £250 to an individual without attracting Inheritance Tax, for example as birthday or Christmas presents.

Gifts upon Marriage / Civil Partnership Ceremony

A parent can gift up to £5,000 (grandparents can gift £2,500 and anyone else can gift £1,000) on the day of, or shortly before, a marriage or civil partnership ceremony and, as long as the wedding or civil partnership ceremony goes ahead then the gift will not attract any Inheritance Tax.

Occupation

If you die in active service whilst employed as a police officer, fireman, paramedic or whilst serving in the armed forces your estate may be exempt from Inheritance Tax.

Trusts

Setting up Trusts during your lifetime for the benefit of someone else means that the money placed into Trust will no longer form part of your estate. However, once placed into a Trust, the money is no longer yours and cannot be removed by you without forming part of your estate.

Trusts take careful consideration and planning and should be discussed fully with a professional before being put in place.

If you would like to have a free chat about your Inheritance Tax liability and planning for the future, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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7th September 201823rd April 2020

Care ISAs: Are they worth the investment?

Care ISAs: Are they worth the investment?

With the proposal of Care ISAs being introduced we look at what they are and whether you should consider getting one in place.

The Government will give much more detailed information as to the Care ISA in the Autumn when their social care proposals are outlined but for now we know that the Care ISA is one proposal in the Government’s plans to get individuals thinking about, and saving for, the costs of their future care at a much earlier stage.

One of the benefits proposed with the new Care ISA is an exemption from Inheritance Tax for any funds left in the ISA at the time of death. However, with the ever increasing cost of care, this is likely to benefit only the very wealthy, who can afford to put large sums into the Care ISA to ensure that it is not all used up by care costs during their lifetime allowing a lump sum to be paid to their beneficiaries free from any Inheritance Tax.

It is also worth considering whether the Care ISA is different or any more advantageous to other pensions, investments or Trusts, that are already available and do not attract Inheritance Tax.

The Care ISA, although seemingly a great idea to provide savings for care in later life, may just be seen as yet another expense that is a luxury rather than a necessity for most. When reaching the age where going into care is a necessary consideration, it is likely to be too late to begin a Care ISA and those with time on their side, to consider saving for care in their future, are likely to consider savings for or paying off education, getting on to the property ladder and starting a family a more important and necessary expense, followed by private pensions and then possibly a Care ISA much further down their list of priorities.

Latest figures show that just one in twenty estates attract Inheritance Tax and so it is unlikely that the Care ISA will be of great benefit to the large majority when considering tax planning and planning for theirs and their families’ future and much less likely to achieve the Government’s aim of enticing us all to save more for the costs of future care.

With more information due in Autumn on the Care ISAs, we will consider the benefit of Care ISAs again later in the year.

If you would like to have a free chat about your Inheritance Tax liability and planning for the future, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

4th September 201823rd April 2020

Inheritance Tax: Record £5.2billion paid by UK in 2017/18

Inheritance Tax: Record £5.2billion paid by UK in 2017/18

With the Government collecting £5.2billion in Inheritance Tax last year, it is well worth considering whether your estate is liable for Inheritance Tax.

Although the record amount of Inheritance Tax paid in 2017/18 is nothing to be sniffed at, with only one in twenty estates actually paying Inheritance Tax there are ways of ensuring that your estate is not liable for Inheritance Tax, but in order to do so we must consider when Inheritance Tax is payable.

Inheritance Tax is payable upon death, where an estate exceeds the Nil Rate Band, at a rate of 40%. So, what is the Nil Rate Band?

The Nil Rate Band is a personal allowance, that each individual is able to gift, upon death, without attracting any Inheritance Tax.

The Nil Rate Band for 2018/19 (this is considered every April) is set at £325,000 per person, this may not seem like a lot considering the increase in property prices. However, in addition to the Nil Rate Band, if you are passing property to a direct descendant (a child, grandchild, great-grandchildren, step-children, adopted children or foster children) then you are entitled to claim the Residential Nil Rate Band. The Residential Nil Rate Band is currently set at £125,000.

If you are married and the estate is passed to the surviving spouse upon the death of the first spouse, then no Inheritance Tax is payable. Don’t worry, the deceased’s Nil Rate Band and Residential Nil Rate Band is not lost…

Upon the death of the surviving spouse, the Nil Rate Band and Residential Nil Rate Band can be combined to allow for the estate to pass to a direct descendant without attracting Inheritance Tax up to a value of £900,000 (in the 2018/19 tax year) by taking advantage of both spouses Nil Rate Band and Residential Nil Rate Band.

With the Government committed to increasing the Residential Nil Rate Band by £25,000 to April 2020, by the tax year 2020/21, an estate that includes a property and that is taking advantage of both spouses Nil Rate Band and Residential Nil Rate Band will be able to gift £1million to a direct descendant without attracting any Inheritance Tax.

If your estate is valued at over £2million then your use of the Residential Nil Rate Band attracts conditions and so if your estate is valued at over £2million then we will need to consider your exposure carefully to limit this where possible.

If you would like to have a free chat about your Inheritance Tax liability and planning for the future, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

30th August 201823rd April 2020

The real cost of a free Will…

The real cost of a free Will...

We all know the saying “Nothing in life is free” but we are all enticed by a freebie. Sometimes these freebies end up costing us in ways we may not be aware.

From the 1990s to early 2000s, banks were providing a cheap or even free will-writing service and it is thought that as many as 1.5 million customers signed up to. Unbeknown to some of these customers, believing they were getting a great service from their bank, the banks wrote themselves in as Executors, entitling them to charge up to 2.5 percent of the estate value in legal fees to act as an Executor.

Now, if the Estate is valued at a modest £500,000 (and with house prices nowadays this could be a lot more), the fee could be £12,500. Depending on the complexities of the estate, Executors can carry out administration of the estate for far less of a fee and save around £10,000 on typical costs – these savings could be going to your beneficiaries. Unfortunately, it’s not just the banks that were at it, other will-writing providers and solicitors would also write themselves in as Executors.

Having someone you trust; a friend, family member or loved one as your Executor means that the beneficiaries you have put in place will get as much as possible from your estate without paying unwanted fees. Executors can ask for professional help and support if needed but it is (and should be) the right of the Executors to choose if they require professional help and how much assistance is required, not a right of the person writing the Will. If Executors need professional support to carry out the administration of an estate, they are always able to ask for assistance and it is often better to ask professionals that can give an estimate of the costs up front or a fixed fee.

What should you do if you have taken out a free Will?

Don’t panic! Just check over your Will and see who your Executors are and make sure there are no hidden surprises you may have previously been unaware of. If you are unsure, get a professional to review your Will for you.

If you do have unwanted Executors in your Will, you can write a new Will and state the Executors of your choice.

Your new Will revokes your previous Will, removing any Executors you may not wish to have involved. It’s always worth reviewing your Will on a regular basis, it is a working document that should be reviewed periodically as your wealth, life and family changes.

We are always happy to have a chat with you about who you may want to appoint as your Executors and even help with the discussion with Executors and answer any questions that they may have.

If you would like to have a free chat about your Will, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Neil Barras-Smith

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Got a Question or want to book a FREE Consultation?

28th August 201823rd April 2020

I need to put a Will in place but who do I choose as my Executors?

I need to put a Will in place but who do I choose as my Executors?

So, you have made the important decision to get a Will put in place and now you need to decide who is going to be your Executors.

An Executor is appointed in your Will and is responsible for collecting in and protecting your estate, including any property and assets that you own, and carry out the distribution of such items in accordance with your wishes.

Some of the key considerations when thinking about who to ask to be you Executor are:-

Who do you trust to act in a way that you direct?

Your Executor doesn’t have to have all the answers or know everything in relation to the legal aspects, financial or tax implications but they must be responsible enough to ask for help from the right people if and when that is required (this may be a solicitor, accountant, tax adviser or other specialist depending on the size and complexity of the estate and what assets you have).

Alternatively, you can appoint a professional or firm of professionals as your Executor, rather than a family member or friend, but these will usually charge a fee for their services.

Should more than one Executor be appointed?

A maximum number of four Executors can be appointed by the Probate Registry when a Grant of Probate is obtained upon death. This means that you can appoint up to four Executors to be responsible for the administration and dealing of your estate. Having more than one Executor relieves the burden, from just one person, of having sole responsibility and decision making powers, however, it may be necessary to consider that these Executors will have to make decisions together and so having four Executors may not be practical or possible.

Age of the Executor

This may seem like an obvious consideration but your appointed Executor will need to be alive, and capable of acting, at the time of your death to deal with your estate and so the age of your Executor, in comparison to your age, should be considered.

Some of the tasks that an Executor must perform (gathering in assets, making decisions in relation to property etc.) will require the Executor to be at least 18 years of age when carrying out their role.

Can I appoint a beneficiary as my Executor?

In short, YES! Often the best Executors are beneficiaries as they have an interest in collecting in all your assets efficiently as well as ensuring that everything is handled correctly and distributed in accordance with your wishes.

It goes without saying that your Executor should be trusted by you implicitly and if someone is a beneficiary under your Will then they are likely to possess the qualities you would like your Executor to possess.

Replacement Executors

Putting provisions in place for replacement Executors is a good idea to provide for circumstances where your first choice Executor is unable or unwilling to act at the time of your death. This will mean that your estate can still be dealt with by someone that you trust should your first choice not be a viable option.

When putting your Will in place, have a chat with your proposed Executors and let them know that you trust them implicitly and that is why you would love them to be an Executor. Having the conversation may well be difficult but it will save, what can be a shocking, surprise should anything happen to you and they are required to act.

An Executor has the right to refuse to act, if they are unwilling do so and so discussions at the time that a Will is put in place are important to overcome this. An Executor may be unable to act, through incapacity or if their death occurs before yours, however having conversations with your proposed Executors, when putting your Will in place, should prevent any surprises and limit the risk of them renouncing their obligations when the time comes.

We are always happy to have a chat with you about who you may want to appoint as your Executors and even help with the discussion with Executors and answer any questions that they may have.

If you would like to have a free chat about your Will, please contact us on

info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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Category: Probate