LPA Certificate Provider

LPAs: Who can be my Certificate Provider and what is their role?

Getting a Lasting Power of Attorney (LPA) in place for your Health & Welfare and your Property & Financial affairs is SO important and can be a relatively stress-free and quick process but you will need a Certificate Provider…

So, what is a Certificate Provider, what do they do and why are they needed?

Well, in order to register your LPA you will need a Certificate Provider to sign the LPA application to certify that you have the capacity to make the application and that you understand the extent of the power that you are giving to your appointed Attorney, or Attorneys.

In order to do this, the Certificate must have knowledge of the TWO-STAGE TEST FOR MENTAL CAPACITY and make a judgement as to whether you (the person applying for the LPA) can understand the information that is relevant to making the decisions within the LPA, whether they are able to retain that information and weigh up the information in order to make a decision and communicate that decision.The Certificate Provider must also be aware of the FIVE PRINCIPLES OF CAPACITY:

You are assumed to have capacity UNLESS it can be established that you do not.

You are to be treated as though you can make decisions UNLESS all practicable steps have been taken to help you make a decision and all have been unsuccessful.

Just because you make an unwise decision it does NOT mean that you lack capacity.

Any decision taken MUST be done or made in your BEST INTERESTS.

PRIOR TO ANY DECISION, consideration must be given to whether it is effectively achieves the purpose in the least restrictive way to your rights and freedoms.

So, who can be a Certificate Provider?

A Certificate Provider must be either:

A PROFESSIONAL CERTIFICATE PROVIDER can be someone over the age of 18 that has the necessary knowledge and experience, because of the skill and profession, to make a judgment as to your capacity.

Frequently used Professional Certificate Providers include, US here at TLC, Solicitors, Estate Planners, Legal Professionals, GPs, Medical Professionals and Social Workers.

A PERSONAL CERTIFICATE PROVIDER can be someone that is over the age of 18 and has known you for at least two years prior to the date on which you apply to register your LPA.

This person will need to be someone that can have a full and frank discussion with you about your capacity and your understanding of the LPA and the consequences of registering such a document.

Who CANNOT be your Certificate Provider?

Your Certificate Provider cannot be under the age of 18.

Your Certificate Provider cannot be one of the people that you have appointed as your Attorney in the LPA you are applying for.

Your Certificate Provider cannot be one of the people that you have appointed as a replacement Attorney in the LPA you are applying for.

Your Certificate Provider cannot be one of your family members (this includes your boyfriend/girlfriend, partner,  in-laws and step-relatives).

Your Certificate Provider cannot be a family member of the appointed Attorneys (this includes their boyfriend/girlfriend, partner, in-laws and step-relatives).

Your Certificate Provider cannot be your Business Partner.

Your Certificate Provider cannot be your appointed Attorneys’ Business Partner.

Your Certificate Provider cannot be your employee.

Your Certificate Provider cannot be an employee of your appointed Attorneys.

Your Certificate Provider cannot be someone that works for a Trust Corporation that is appointed as your Attorney.

Your Certificate Provider cannot work for the Care Home where you live (if you reside in a Care Home), or a family member of someone working for the Care Home. This includes the owner, manager, directors, staff and employees.

What next?

Once the above has been satisfied, the Certificate provider will sign and date the LPA application and confirm that you understand the LPA, its purpose and consequences, that you are under no undue pressure or influence to sign the LPA, that no act of fraud is being committed and that there is nothing that would prevent that LPA from being registered by the Office of the Public Guardian.

 

If you have any questions please do not hesitate to get in touch for a FREE consultation.

If you would like a FREE chat to discuss your options, get in touch on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

Have a Question or
want to book a 

FREE Consultation?
 

Environmentally friendly funerals

Is it possible to have an environmentally friendly funeral?

With an increased concern (and quite rightly so!) on being environmentally friendly should we be considering how to plan an environmentally friendly funeral and is this possible?

In short…YES!

Now, to what extent you go to is entirely up to you, whether you take a few steps to be environmentally friendly or go the fully environmentally friendly.

Planning your funeral, and paying for it in advance, has so many benefits!

Not only does it mean that you get the funeral that YOU want but it also saves your loved ones a huge emotional burden as well as a financial one!

Having a funeral plan in place means that any unnecessary arguments are removed and your loved ones are content in the knowledge that they are giving you the send off that you wanted.

Here are just a few ideas for you to consider:


Coffins

If you are choosing a burial, you may want to consider a coffin that is made from biodegradable materials to minimise the impact that your arrangements have on the environment.

An important consideration, if you are planning on being environmentally friendly, is the distance that your coffin has travelled and whether you want to choose a manufacturer that is local to you, to reduce this.

Some biodegradable materials that you may consider are:

    • Willow
    • Bamboo
    • Cardboard

An alternative option, if you would like a wooden coffin, is to choose a locally sourced wood such as:

  • Pine
  • Oak
  • Cherry

Another consideration may be to have no coffin at all. This (although this may be surprising to some!) is an option, if you would prefer to have a material shroud instead of a coffin, this is a great environmentally friendly alternative.


Burial or Cremation?

Burial is a more environmentally friendly choice, as opposed to cremation, as it avoids the emissions of carbon monoxide, mercury and dioxin.


Travelling

Considering the travelling arrangements of those attending your funeral may be important to you. Although, you may not have control over all those that attend, you can express your wishes (such as car sharing or electric cars to be used) and could also make arrangements for an electric hearse and funeral cars.


Flowers

You may want to consider asking for flowers to be locally sourced and/or handpicked and to refrain from the use of packaging (or at least packaging that is not biodegradable).


Memorial Location

Choosing a Memorial Location that is close to your loved ones could reduce travelling when your loved ones wants to visit.


Funeral Stationery

Asking that minimal funeral stationery is used and using only recyclable paper is another environmentally friendly consideration.


Carbon Offset Contribution

You may want to consider leaving a gift in your Will to the Woodland Trust or another Carbon Offset Scheme as a contribution towards offsetting your lifetime carbon footprint (this is currently estimated at £8,000). Of course, you can leave a donation of any amount that you feel is appropriate.

If you would like a FREE chat to discuss putting a
funeral plan in place, get in touch on
info@TotalLegacyCare.co.uk
or 01727 865 121

Leah Waller

Have a Question or
want to book a 

FREE Consultation?
 

Nursery Rhymes and Death…What is the connection?

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?

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

Got a Question or want to book a FREE Consultation?

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

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

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

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

Got a Question or want to book a FREE Consultation?

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

Got a Question or want to book a FREE Consultation?