1.What Makes A Will Valid?

It must be made by a person who is of sound mind who is over 18, voluntarily and without pressure. It must be signed by 2 witnesses that are not beneficiaries in the presence of the person making the will.

2. What is a Beneficiary?

The person (or persons) named in the will who gains money, gifts, or other assets.

3.What is an Executor?

The person named in the will makes sure assets and property go to the person it is supposed to.

4.What does intestate mean?

Dying without making a will

5. What is probate?

A legal court process that determines if the will is valid.

6. What is a codicil?

A written supplement to the will that adds, subtracts or changes the terms of the original will.

7. What is a common-law spouse?

A term that is not instantly recognised by law. Even if couples have lived together a long time a will still needs to be made to ensure that the estate passes to the surviving partner.

8. What is a trust?

A legal mechanism that allows someone to look after the assets on behalf of the will’s beneficiaries.

9. What is a trustee?

Trustees are appointed to manage the ongoing trusts that arise from the will, usually if the beneficiary is under 18.

Affio provides an online will writing service that has been featured in popular publications, Take advantage of Free Wills Months and start your will today on the Affio website.

Free Wills Month takes place in March and October each year and offers you the chance to prepare your will free of charge. The offer applies to those 55 years of age and older and may be used to create your first will or to create a whole new will even if you have made one previously.

Charitable organisations and participating solicitors can be used to prepare your will without charge to outline your wishes and distribute your estate after your death. For many people that have never considered making a will, this is a great opportunity to put their affairs in order.

While you can visit a local solicitor or charity office to take advantage of the scheme, there are some disadvantages to preparing your will this way.

Appointments are often on a first-come, first-served basis.
More complex wills may not be free.
People with mobility issues may not be able to get to the location.

Problems with obtaining appointments are common. Free Wills Month is a popular event and often appointment slots will fill up quickly, and its possible for the scheme to expire before an appointment can be gained. Meaning you miss out on the opportunity to have your will written for free.

It may also be worth noting that ‘free’ is a relative term. While many participating charities will prepare your will at no cost, they will suggest that a small donation could be made from your estate after you pass away.

This donation is not obligatory but when sitting face to face with an employee of the charity that is preparing your will paperwork for free, it can be hard to say no.

Do I have to make an in-person appointment?
For the reasons listed above, it is not always possible for everyone to attend an in person appointment. Some people may live in rural areas without public transportation, or may find it impossible to attend an appointment for other reasons.

Fortunately, there is another option, for those that would like to prepare their will during free wills month, the necessary documentation can be completed online.

Affio UK provides a fast and easy online will writing service that will create your will in the same way as you would at a solicitors office or by any other method. Having an up to date will is the bets way to ensure that your wishes are carried out and our wills are fully legal and binding.

Dedicated technology that has been backed by experts and legal professionals will walk you through each stage of the will writing process, and your information will be stored safely and securely on fully encrypted servers.

Do I have to have a will?
While there is no legal obligation to have a will, having one can save your family members and loved ones a lot of stress and drama. If you pass away without a will or ‘intestate’ then matters will need to go through legal procedures known as probate before any of your estate can be distributed.

Owing to the time and the legal costs of this process it can eat away a large chunk of any benefits lefts due to legal fees and court costs. Making a will prevents delays in the distribution of your estate and ensures that your property and assets go where you want.

My partner is under 55 can we still make a free will?
The Free Will program applies to all people that are over 55 years of age. If you would like to make a joint will and your partner is under 55 you may be wondering if you are still eligible under the free will scheme.

The good news is that when making a joint will only one of you will need to satisfy the 55 year age limit. If your partner is younger you will still be able to take advantage of the free will program for a joint will.

How much money will a free will save me?
Preparing your will during Free Will month means that there is no cost associated with the preparation of your will. Making a will under normal circumstances whether at a solicitors office or other providers can cost hundreds of pounds. Even a basic will can set you back a decent sum of money so it is wise to take full advantage of the free will program.

What if I need to update or change my will later on?
Your will is the legal document that states to who and where you want your money and assets to go. As such there may be times that you need to update the information contained in your will. Your wishes may change or perhaps a beneficiary pre-deceases you and a new one needs to be named.

Amending a will that is held at solicitors usually comes with a fee, but by preparing your will with an online service like Affio you can easily access and amend your details, completely remotely. No need for an appointment, you can login to your account and review your will that is stored on our servers. Changes and edits can be made easily to keep your will fully up to date. This applies to all wills prepared using our service, even those that have been created during free will month.

Affio has been featured in popular publications and on well-known media programs like The Sun, The Daily Mail, and Investors Chronicle. Many of our customers are able to prepare their will in just 15 minutes with our easy to follow instructions and ensure that their final wishes are documented and carried out.

Don’t miss the chance to prepare your own will completely free during Free Wills Month. Log on to our website at Affio UK and make your free will today.

For the entire month of October those aged 55 and over can write a will and leave their estate, assets, and valuables to their loved ones. Appoint an executor, name beneficiaries and make sure your legacy goes to the right people.

There are several places where you can write your will for free during the month of October. Several well known charities participate in the initiative and you can make an appointment with a solicitor's office that takes part in the scheme.

Or you could write your will online.

What is a Digital Will?

With the advances in technology you can write your will during free will month completely online. There are no time restrictions or limitations and the process of preparing your will has been made as easy as possible.

Specially designed software will lead you through the will writing process quickly and easily, asking for information to structure your final wishes in exactly the way you want.

At Affio, we have worked in partnership with experts and legal advisors to create a will writing platform that is straightforward and secure. So now, you can take advantage of free will month all through October without even leaving your house.

Unlike solicitors and charitable organisations that operate free will month on a first come, first serve basis, preparing a digital will online means that you can access your information 24/7.

No delays.

No waiting for an appointment.

Always available.

Writing a will in the traditional way can be inconvenient, time consuming, and expensive.

With the Affio service, in conjunction with Free Will Month, preparing your will is fast, easy, and affordable.

What Should I Include in my Free Will?

If you have decided to prepare your free will during October you can do so anytime between the 1st and the 31st of the month.

You will need some information and have an idea of how you would like to divide up your estate between friends, children, or family members.

It is useful to have information at hand for items that you would like to include in your will. These can be things such as:

Bank accounts

Property

Investments

Shares

Bonds

Life insurance

Vehicles

Jewellery

You will also need personal information, and details of the people that you wish to include in the will, whether as executors or beneficiaries.

Divide your Estate

Free will month gives the perfect opportunity for you to think about how you want your estate divided and who should benefit.

Dying intestate, or without a will can lead to lengthy and expensive probate proceedings that may drastically reduce the value of your estate.

So legally documenting the desired percentages and inheritors of your wealth can make the process much cleaner and less painful for your family.

Details will need to be provided about who should receive assets, and whether specific gifts or amounts should go to certain people.

There should also be contingency plans outlined in the event that the named beneficiaries pass away before you.

Plans should also be included for things like any charitable donations and what happens to any money that remains after funeral expenses are paid.

If you do decide to leave a gift to charity then you will need to include the name of the organisation, address, and registered charity number.

Any missing or incomplete information may mean that the gift never makes it to the intended recipient so it is important to include the correct details.

Is my Digital Free Will Stored Safely?

Encrypted servers and top level security similar to those used by well known financial institutions means that your will is stored safely and securely.

Once your will has been prepared it can be accessed by you at any time to review, or make changes and amends to the information.

You can access and update your will as often as you like and there are no limitations on the changes you can make.

Your data will never be released to a third party for marketing or any other purpose, and Affio is fully regulated under the data protection act.

This means that your will is even safer than being stored at home where it can be at risk of damage. A digital online will can never be destroyed by things like a fire or flood.

It can also never be stolen or go missing.

Is my Free Online Will Fully Legal?

Whether you write your will with Affio during free will month, or use our will preparation services at any other time, your will is just as legally binding as any other.

Documents that are created online are legally backed and are as valid as any will that is written at a solicitor's office, and we have a number of built-in checks to ensure your will is valid.

As with all wills there are some procedures that need to be followed to make sure your will is prepared correctly.

To ensure that everything is legal and above board, we will walk you through the entire process in easy to follow steps, and supply advice on things like how to get your will witnessed.

Where do I get started?

Use the Free Will Month of October to prepare your Last Will and Testament at no charge and document your wishes.

Getting started is simple, just visit the registration page at Affio and enter some simple information.

Many of our customers find the system so simple to navigate that they can prepare their will in just 15 minutes.

Once you have registered an account you can begin the free will writing process using our service. Just follow the steps and enter the information at each stage and your will is written for you.

Get started today and write your will completely free during October to protect your children and family.

In fact, the term ‘will writing services near me’ scores very high for the number of searches in Google’s engine.

This demonstrates that for those looking to write their will there is a common thread of seeking out a locally based service. But many are not aware that there are other options when it comes to making a last will and testament, that are still just as legally binding as traditional wills.

Why do we look for a will writing service that’s local?

As humans, we are creatures of habit, so the process of making an appointment at a solicitor’s office and attending a meeting is one that we are familiar and comfortable with.  It could also be that we are simply copying the behaviour of previous generations, our father and our father before made their will with the help of the family solicitor, so we are doing the same.

There is also the matter of security, preparing a will is a serious matter and is a legal document, having the oversight of a professional can make us feel more assured that the process has been handled correctly and that the will has the guardianship of the law office to keep it completely safe.

For those that are preparing a will that has multiple beneficiaries, special clauses or complex legalities, we may also need to obtain the advice of an expert in a face to face meeting to navigate the legal landscape.

Online will writing service

Finding a will writing service that is in close proximity can help to address all of these issues, but although it may feel safer, there is actually no reason why your will cannot be prepared in other ways. Technological advances have made it so that wills can now be prepared online.

The speed and convenience of these services mean that in essence, you will always have a ‘will writing service near me.’ Preparation of a will can be performed quickly and easily from the comfort of your own home with a laptop or computer. For straightforward wills, the process can often be completed in under an hour.

In less time than it would take to travel to your solicitor’s office your will could be prepared and completed. Storage of your will is completely safe too with specialised encryption and security tools like those used by financial institutions protecting your legal documents. Multiple layers of security keep your will completely safe until it needs to be accessed.

There is no difference when it comes to the legal effectiveness of your will either. Once your will is prepared and signed it is just as legally binding as any documents prepared in your solicitor’s offices.

Advantages of preparing your will using an online service are:

• Speed
• Efficiency
• Legally Binding
• Secure
• Convenient
• Online advice
• Easy to amend

What about cost?

Will preparation with a solicitor can easily turn into an expensive undertaking. Apart from the time it takes to get to the office, the appointment and discussion with the solicitor will all come at a cost. In addition, there are preparation and administration fees to consider which can all add up quickly, even for simple wills.

Finding a ‘will writing service near me’,  provides the option of preparing your will online and this can come with a much lower price tag than going the traditional route. Online will preparation is efficient, less time-consuming, and generally much cheaper than the old-fashioned method of will writing.

If you are worried about complex areas of your estate and think you may need legal advice then experts are on hand to help you and online knowledge bases can answer many of your questions quickly. Online will writing has been designed with the input of legal and probate experts to provide you with a fully comprehensive service.

Making sure that your loved ones are provided for in the event of your death can be as simple as logging on and completing information about the distribution of assets and beneficiaries. Completed wills can be printed for your records and because your will is stored digitally it can be retrieved and amended at any time, often at no cost.

Obstacles to using an online will service

While an online will service has much to offer in terms of speed, cost, and efficiency, there may be barriers for some people. Those who are uncomfortable with technology may find it difficult to create an electronic will. Or there may be concerns about security as the concept of keeping legal documents online may be alien for some.

Many of these fears and concerns dissipate quickly when people experience the online will service, and realise that the time and financial benefits quickly outweigh any apprehensions. Even so, it is important to make sure that the ‘will writing service near me’ that you select is a reputable website with full legal backing and adequate security features.

How to get started

Online will services can be accessed instantly, unlike waiting for an appointment with a solicitor you can begin writing your will by simply accessing your account. With Affio you can be assured that when you next look for a ‘will writing service near me’ we will be available 24 hours a day, and ready to assist.

We even give you the chance to try out our service and create a basic will completely free! So don’t put it off any longer, start your will today.

To begin your will preparation visit Affio to start the process quickly and easily. With our built in support and security features you will be able to create a will that ensures your loved ones are fully protected and provided for.

However, did you know that there are certain types of financial assets and property that you should not or cannot include in your will?

These types of assets are usually jointly owned or contain some sort of instruction that dictates what happens to the property should you die.

The items that you will be unable to include in your will are:

Property in a living trust

This property is usually set up to name a beneficiary and avoid probate proceedings. Attempting to leave property in your will that already has a beneficiary is negated by the trust. The property will pass to the named beneficiary of the trust and this cannot be changed using your will.

Property under a joint tenancy

Any property that is owned under a joint tenancy agreement is designed to pass to the other owner in the event of one owner dying. This is a right to survivorship and will stand regardless of any alternate instructions made by your will.

Insurance policies already in trust

Policies included in a trust will be held for the beneficiaries specified at the time the policy was taken out. As such the policy does not form part of the estate and will automatically be transferred to the named beneficiaries on the death of the policy owner.

Property that you do not own

Any property that is subject to a lease or hire purchase agreement, or that is for use only during your lifetime cannot be passed on to another person. If the property is not owned by you legally, on your death it will revert to the company or original owner.

]]>https://www.affio.co.uk/pros-and-cons-of-writing-your-will-online/Ghost__Post__6077f94fc06be4001e3272dcThu, 29 Apr 2021 09:13:00 GMTIf you have recently been considering making a will then you may have stumbled across one of the many online will writing services.

While this may look like a fast, efficient way to prepare your last will and testament, it may have left you with some unanswered questions.

Here we will take a look at the positives and negatives of using an online service for your will preparation.

Pros

Convenient

Preparing a will online saves a trip to the solicitors office and means that you can write your will in your own time in the comfort of your own home. Giving you time to consider your choices and weigh up the many options that you will need to consider.

Cost effective

Because you are not directly meeting with legal professionals the cost of writing your will online can be substantially less than going the traditional route. Setting up one or more meetings with a solicitor carries an expensive price tag, which online will writing neatly eliminates.

Fast

The speed of creating a complete will is much faster when using an online will writing service. Here at Affio we have professionals on hand to guide you through the process and answer any questions, so you can have your will fully prepared in as little as 1 hour.

Easy to Amend

Being able to access your will digitally means that it is easy to make changes or adjustments. Altering beneficiaries or changing executors can be done with just a few clicks of the mouse.

Fully Legal

An online will is just as binding as any other legal document or will that has been written in the usual way. The instructions contained in your online will are carried out just as any other will would be, there is no difference.

Though there are obvious advantages, there may be a few things to consider before preparing your will using an online service.

Cons

Can be overwhelming

If you have no idea what you want to achieve from your will then it may be overwhelming to get your thoughts and wishes set down. Getting a clear picture of things like who will be your beneficiaries can be helpful.

No legal support

While online will services offer guidance and advice, complex estates may still need to engage the services of a solicitor to talk through options or unravel complicated transactions.

Technical Ability

If you are a complete technophobe then the idea of preparing your will online just may not appeal to you. Although the process is made as simple as possible, some basic technical skills will be needed to complete the process.

Contingency planning

While we at Affio strive to ensure that all bases are covered, some online will writing services may be lacking when it comes to long range plans, that extend the details of your will beyond immediate family or beneficiaries.

Things that will need to be considered for contingency planning are items such as:

What happens if the primary beneficiary dies before you?

What happens to any jointly owned property or financial accounts?

What are the legal processes around guardianship and children under 18?

Will anyone be able to challenge the will?

Even with these drawbacks, writing a will online is quickly becoming a viable option.

People have increasingly busy lives and other obligations, so the option to write a will from a laptop and take care of business quickly has a distinct appeal.

The time-saving aspect alone is a big win for those with demanding work or other commitments that make scheduling time difficult.

Online will services have the benefit of being accessible 24-7, meaning you can write your will at 2am on a Sunday morning if that is the only time you have available.

For many people the ability to store their will securely online is also a bonus. Fully encrypted and secure storage means that your will is safely guarded from prying eyes.

Our secure storage systems use safe encryption that is identical to those used by top financial institutions.

So you can be sure your will is kept completely safe and confidential until you need to access it again.

If you would like to get started then visit Affio's website and find out just how easy it is to prepare your will in less than 1 hour.

]]>https://www.affio.co.uk/when-should-i-update-my-will/Ghost__Post__604b501762e170001e121347Fri, 26 Mar 2021 12:11:00 GMTIf you have documented your wishes that are to be carried out after your death in the form of a will, you will need to review it periodically.

Having your estate and finances distributed to people of your choosing can be handled legally by way of a will. However if your circumstances change you may want to alter things like beneficiaries or change assets that are bequeathed to a specific person.

Life brings about many changes and there are a number of instances where you may need to amend your will from its original form. Intentions and wishes change, your situation can alter, or maybe the intended beneficiaries die before the will comes into effect.

Preparing your will online means that it can be amended quickly and easily to align with your most recent wishes. The general rule of thumb is that your will should be reviewed every 5 years, or after any major life changes.

There are other circumstances where you may wish to make alterations but the typical reasons are changes like :

• if your named executor dies
• divorce or separation
• getting married (which cancels any  previous wills)
• moving house
• having children
• changes in inheritance tax
• new assets/sale of assets
• change of beneficiary

How do I make necessary changes?

For traditional wills (i.e ones that are not written using an online service) amendments are made to the original document with an instrument known as a 'codicil'. A codicil is a separate document that is attached to the will to record changes.

This allows adjustments to be made and legally updates the will to include the new instructions. Alterations can be made as needed and there is no limit to the number of codicils that can be added.

The downside of using this method is that the details contained in the codicil may conflict with original instructions leading to confusing or misleading information that could be contested in court. This is especially true if there are a number of codicils attached to the original will.

In addition, adding codicils can involve consulting with a solicitor and paying for the preparation of paperwork and filing fees associated with making the changes. Making the process both time intensive and expensive.

As this method is not the most convenient, it can lead to changes not being made imminently. Resulting in the will not reflecting the most up to date wishes of the holder.  This can mean that from a personal standpoint the will is outdated, but in the eyes of the law the information will be regarded as accurate.

Writing and changing a will online

Making a will online is a simpler more streamlined method of documenting your wishes. Affio's software has been developed in coordination with legal experts to make the process as straightforward as possible. One of the advantages of drafting your will in this manner is that it is always readily available to review and make changes if needed.

Wills are stored securely and are protected with the same level of encryption that is used by financial and banking institutions, ensuring your information is completely safe and accessible when you need it.

Owing to the outdated and sometime confusing issues that arise from using codicils, Affio adopts a policy of creating a new will each time that changes need to be made. This means that your wishes are up to date, and there is no risk of any confusing information that could lead to your will being challenged in a court of law.

How often can I make changes?

As with a traditional will there are no restrictions to how many changes or amendments you can make to your online will. As life or circumstances alter you can access and easily change your will to align with your new wishes. It is wise to review and make revisions after a 5 year period or following any major life changes just the same as with a traditional will.

Affio offers free lifetime updates where your will can be changed or adjusted as many times as you like, giving you the chance to get it 100% correct. This service is FREE and it gives you the opportunity to alter any items as you see fit to keep your will fully up to date.

Making a will is not always on the forefront of everyone's mind especially when daily living, work, and other things take over. However, it is a sound part of your overall financial planning.

If you happen to die before you have had chance to set out your wishes legally, it can leave the people around you in a difficult spot. In the case of unmarried partners it may mean that they have no legal rights to your home or finances, no matter how long you have been together.

There may be other people that you intend to leave money, property or other items to, but without a will in place there is no instrument by which to enforce these wishes legally. This can leave your nearest and dearest in a predicament. Not to mention that your property and assets may be distributed in a way that you would not approve.

People that cannot automatically benefit from your death if there is no will in place are individuals like:

Unmarried partners

Gay and lesbian couples that are unmarried or not in a civil partnership

Close friends or associates

Carers

The same is true if you happen to be divorced. If you are no longer married the surviving partner cannot inherit under the rules of intestacy. This rule is often misinterpreted by 'common law' couples; those that have been co-habiting for an extended period of time.

A lengthy period of co-habitation period is often misinterpreted as being a substitute for marriage. Many people in this situation mistakenly believe that they will automatically inherit should the other partner die. Unfortunately, without a marriage or a will in place the law does not uphold this belief.

Without a will the unmarried partner may be passed by altogether if the deceased has surviving children. Regardless of how long the couple has been in a relationship, the money of the deceased would pass down to surviving offspring.

There are some exceptions to these rules, jointly owned property for example such as a home or bank accounts will be automatically inherited by the other party and are not counted as part of the deceased estate.

To avoid such unpleasant proceedings and confusion, the best way to affirm your wishes is to document them legally by way of writing your will. While this process used to be somewhat arduous, it has now become relatively easy with the ability to prepare your will online.

Affio has partnered with legal experts to create a simplified and affordable process for you to document your wishes. It is as binding as any other will in the legal sense, and we guide you through every step of the way.

Don't put it off any longer, make sure your partner or spouse is adequately provided for by starting your will today. It's easier than you think and your information is stored securely on our encrypted servers.

Visit Affio and start today!

It also comes at a price.

Using a solicitor to document how you want your finances and assets managed in the event of your passing does not come cheap. It can also take more than one appointment which can rack up the cost.

An online will writing service like Affio can provide a more convenient and cost-effective solution. Read on to find out how our online will writing service can benefit you.

Why do I need to make a will?

Anyone that has money, property, or any other assets can benefit from making a will. The sad reality is that no-one will live forever, and making a will ensures that your estate is handled properly. Designating beneficiaries and dividing assets between family members can be legally documented to avoid conflict and expensive probate proceedings.

Getting your affairs in order can be helpful when planning funeral arrangements and ensures that your wishes are properly carried out. Making a will is one of those things that can be easily put off, sometimes until it is too late. Writing a will online can make the process fast, easy and less stressful.

It can be done from your own home

Unlike making a will in the traditional manner, an online will writing service can be used from the warmth and comfort of your own home. As long as you have access to the internet writing your will this way can be done by simply visiting a website.

No need to make appointments or organise travelling to a solicitors office for multiple meetings. Writing your will can be done on your schedule, and you can take as much or as little time as you need.

Online will writing services cost less

Time is money and this is true when it comes to writing your will. Solicitors rates are not cheap and the longer you spend in an appointment, the more it can cost. Creating your will online can be substantially less than paying for a face-to-face meeting with a legal expert.

As creating your will this way doesn’t involve direct contact with a solicitor, the fees can be much less. Using software that has been developed by top legal experts, we walk you through the steps one at a time. Making the entire process as simple and straightforward as possible.

Questions can be easily answered

Our platform has been developed to take you through each stage of writing your will. There are many things to consider when it comes to the division of assets or the distribution of your estate. Deciding on the correct information and being able to divide your estate effectively can quickly get complicated.

Affio uses specially designed software to help you designate important family members and identify beneficiaries. Helping you manage your wishes and specify desired outcomes that will make your estate planning simple. Our website includes a detailed knowledge base to help you navigate tricky circumstances, and help is always on hand.

Online wills can be amended or revised at any time

Because all of your information is stored securely on our system, changes can be made at any time. Life moves fast and circumstances may alter quickly, meaning that your will may need to be amended. Accessing your will online means that you can easily make any necessary adjustments or changes.

Instantly access your account to make revisions or amend your will, changing beneficiaries or designating specific arrangements. There is no limit to how often changes can be made and using our online will writing service means that you can keep everything up to date.

Provides top-level security

Making certain that your information stays safe and secure is one of our top priorities. As your will is private and sensitive information we have invested in the best levels of security possible to keep your details secure. Backed by internet security experts at Norton, our software uses 128 bit AES encryption - the same as used by high-level banking institutions.

We never supply your details to a third-party, and we are fully regulated and comply with all laws of the Data Protection Act. For an extra layer of protection, all payment information is handled by a leading payment provider.

Legally the same as traditional wills

One of the biggest concerns of people using an online will writing service is; are online wills as legally binding as traditional wills? The short answer is yes. An online will is just the same legally speaking as any other will that is prepared. We have practices in place to ensure that your will is completely legal, just the same as if you made it with a solicitor.

By following prescribed steps we will guide you along the way and provide advice to make sure your will is signed and witnessed correctly. Making it just as valid as any other will. Your assets and beneficiaries will be legally and clearly documented to ensure that your wishes are stipulated unquestionably.

Final Words

Many people have found that using an online will writing service takes the stress and hassle out of the process. With step-by-step software designed with expert legal advisors, will writing is made simple. As a will is needed by everyone, being able to access a secure and safe platform is important.

Affio is backed by legal experts and has been featured in top publications like The Daily Mail and The Guardian. So you can be assured that you are working with one of the best online will writing service providers in the business.

Don’t put it off any longer, visit Affio and see how quick and easy it is to get your affairs in order and provide for your loved ones.

However, like many others you may have delayed writing your will for any number of reasons.

It can be time consuming

It can be stressful or unpleasant

It can be expensive

To draft a will in the traditional manner you will  need to book an appointment with a solicitor, sort out financial paperwork, and hand over a decent chunk of cash. Having your will prepared in the presence of a qualified person can sometimes take more than one meeting and cost a lot of money.

On the other hand, if your will is relatively straightforward it is possible to write it yourself. But how do you know that you have captured all the necessary information and drafted it correctly?

Why not write your will online?

Another option you can take is writing your will online. While this is a relatively new way of preparing a will, it is becoming an increasingly popular way to handle the necessary paperwork.

Being able to write, draft, and edit your will electronically adds a better level of convenience and allows you to set down your wishes easily. Because information is stored securely, it can be accessed to amend or make changes at a later date.

Something that is not accomplished easily with traditional wills.

Is it legally binding?

Affio is designed to take all the hard work and expense out of will preparation. Writing a will is one of life's necessities and we have developed software, backed by legal experts, to make the process as easy and painless as possible.

Creating a will with Affio's online service provides the same legal protections as if you wrote a will with a solicitor - it's just much easier, far less expensive and doesn't involve travel or appointments.

While there are plenty of options online to download simple wills that can be filled in, Affio provides guidance and advice every step of the way. Helping you to avoid common mistakes, like being unaware of laws or the legal processes required.

In addition, our service has been featured in several well-known publications so you can be assured of quality and efficiency.

Why do I need a will?

You need to make sure that your estate and finances are in order. Documenting your wishes by way of a will ensures that your spouse or children are protected from unnecessary and lengthy probate proceedings. Not to mention it will enable you to specify other requirements and name additional beneficiaries.

You may think that writing a will is not essential if you do not have much to leave in terms of money or property. But there are reasons why you should consider it even if you don't have a lot to bequeath.

1. If you die without a will the law will step in and decide how your money or assets should be distributed.
2. If you have children you will want to make arrangements for their ongoing care if one or both parents die.
3. You may have separated or remarried and need to ensure that your estate is divided or allocated to the correct parties.
4. Depending on how your will is prepared it may be possible to protect beneficiaries from inheritance tax
5. If you and your partner are unmarried any inheritance is not automatic, you will need a will to ensure that assets are protected for your surviving partner.

What should be included in a will?

There is a lot to consider when writing a will and deciding how to distribute your estate. It may be worth taking time to consider all of your options.

Making a list of assets can also be useful to assess items like finances, bank accounts, stocks shares, and property to be distributed.

There are also other things to be taken into account like:

Who do you want to leave your money or property to? These are typically the main people in your life like relatives, friends, spouse, or children.

What will care arrangements be for children? This will determine plans for any remaining children below the age of 18.

Who will ensure that your wishes are carried out as prescribed? This is the person named as the executor of your will.

Will a solicitor need to approve the will?

Affio will walk you through the process step by step, and provide guidance on how to sign and witness your will correctly. We can help you answer questions and offer advice on more complex situations.

In many cases, will preparation is completed quickly and easily. It can be as simple as completing the information, downloading your will, and adding the necessary signatures. No solicitor is required to verify or approve your will.

Is it safe?

The safety and security of your information is top priority. That's why we have invested in a system that provides levels of encryption that are used by top financial institutions.

Affio is fully regulated by the Information Commissioner under the rules and regulations of the Data Protection Act.

Your information is secured safely and securely and can be accessed from your account at any time.

Where should I keep my will?

Even though your will can be changed and amended from your account it is wise to keep a copy of your will where it can be easily accessed by family or your executors.

Wills can be stored at the National Will Register for a fee or the Probate Service. It can also be held at your family solicitors, a safe deposit box, or in your own safe.

Legally speaking you can store your will anywhere, just make sure that it can be found by the relevant people.

Final words

Preparing your will online is an easy and fast way to ensure that your important financial affairs, property, and assets are in order, and will be distributed properly to the people that matter. It can be completed in under an hour and no solicitor is required.

Get started today at Affio and see how easy it is to prepare your will using our guided service.

]]>https://www.affio.co.uk/3-simple-steps-to-get-your-affairs-in-order/Ghost__Post__6015621b8a4165001ecc5a9dTue, 05 Jan 2016 13:45:52 GMT

Now the hangover has passed and we are back into daily routine here are three simple things you should sort out in the New Year to keep your AFFairs In Order (thats the origin of the affio name).

1. Write your Will – it should take between half an hour and an hour to do on affio. Print it, sign it in front of witnesses and put it somewhere safe. Tell someone you trust where your Will is! Wills are much simpler than people realise and it is better to have something and come back later and change it than not to have a Will at all.
2. Life Insurance – If you have life insurance make sure it is put in trust. This is a basic piece of paperwork you can get from your life insurance company – its simple and doesn’t cost anything. It will ensure that the life insurance monies go straight to the beneficiaries you nominate and not through your Estate. That will mean there is no risk you will pay inheritance tax on those funds. If you haven’t got any life insurance – its a good idea to get some. Its not that expensive for most people and can make all the difference for your family.
3. Write a short list of your major assets – bank accounts, investments, etc – and put it with your Will. If you are worried about it falling into the wrong hands then don’t put on the account numbers just the name of the account, type of account and the institution or company. It will help your family and executor immeasurably if anything should happen to you.

If you do these three simple things then you will feel better and your family will be more secure.

Have a great start to 2016!

A new exhibition at Somerset House in London is shining a light on William Shakespeares life through legal documents and its centrepiece is the bard’s Last Will and Testament.

Notoriously Shakespeare left his second best bed to his wife Anne Hathaway – not, it would seem, much of an inheritance for his wife! However her dowry and the right to live in their house in Stratford-upon-Avon during her lifetime left her relatively affluent.

While its been almost exactly 400 years since the Bard wrote his Will its clear that the main reasons people make a Will haven’t changed. The bard sought to look after the financial future of his family – principally his daughters and in the final months before his death made a series of sentimental personal bequests to friends and family. In those days these updates were made by quill pen between the lines. Nowadays you can quickly and simply up date your whole Will using Affio’s online service and keep your quill pen for penning your masterpiece.

In his mini-budget on Wednesday George Osborne confirmed that a couple would be able to leave a home worth up to £1million to their children without incurring any inheritance tax.
From 2017 a new transferable £175,000 allowance will be introduced for homes being left to children or grandchildren to run alongside the existing £325,000. He said “ the wish to pass something onto your children is a basic, human and natural aspiration”

With this in mind then you would think that the majority of people would protect this aspiration by having an up-to-date Will that accurately reflects their wishes.

This sadly isn’t the case with most people not having a valid or accurate Will. So while we applaud this long overdue raising of the IHT threshold it will count for little unless people get their affairs in order.

At Affio we make it easy, inexpensive and legal to get it done online.

Register now and make you Will reflect your aspiration.

“We must get the Will sorted” is a conversation couples have every few years. It is often prompted by some family event or change in circumstance and may be greeted by one of the parties with an unenthusiastic sigh, after all it all sounds a bit of a chore.

What we have found at Affio is that far from being a chore it actually becomes a very positive emotional experience. Think about it like this, you are spending time really thinking about the life you have built and the things you have now that you value, both financially and also emotionally. You are then thinking about those that you love and that depend on you and what gifts you would like to make to them.

Forget about death and ‘what if the worst happens’ and think of it as giving your loved one presents that they will remember you for and value. The best bit is you get all the fun and emotional rewards of giving without actually parting with anything.

People who have completed the short Affio will-writing process have told us they get this deep warm feeling at a certain point in completing their Will.

Why not give it a go and tell us if you experience the same.

If you haven’t made a will, you’re in good company — or should I say bad company, because some of the excuses are up there with “the dog ate my homework”.

According to some research done last year, more than half the adult population of the UK doesn’t have a will. Reasons why include: it will bring you bad luck, and everyone knows you are bound to die as soon as you so much as think about making one.

Then there’s the “I’m a busy person” routine. You just haven’t got round to it. Anyway, you’re too young and time is on your side.

Next up is the cost — legal work is always outrageously expensive, isn’t it? You don’t have much in the way of money and possessions to leave to anyone, anyway, so it’s not worth bothering with all that “last will and testament” nonsense.

After all, your family will get everything anyway if you don’t make a will, so making one really isn’t worth it.

Wrong, wrong and wrong again

Sadly, anyone coming up with these reasons for not having a will is very, very wrong.

You can’t argue with superstition, but common sense – not to mention medical statistics – will tell you that making sensible financial provision for your family is not among the top causes of premature demise.

If you’ve got time to watch the latest TV blockbuster, you’ve got time to create a will. Also, the cost of a simple will will almost certainly be less than what you spend on meals out in a month.

And if you need something a bit more complicated, because you own a portfolio of properties or have managed to acquire a quiverful of children, can you afford NOT to make a will?

It almost goes without saying that lawyers make more money from legal disputes over who gets what and battling the tax authorities than ever they do from writing wills.

Aunty May’s teapot

Even if all you’ve got to leave are your dad’s old cufflinks and Aunty May’s favourite teapot, you don’t want to be looking down from your cloud watching your bereaved relatives scrapping over them.

And if you leave a bob or two, you certainly don’t want the taxman taking more than his fair share.

If that doesn’t make you think, the new intestacy laws should. They changed last year – but still did nothing to help couples living together without the benefit of a marriage or civil partnership.

Your partner could end up with nothing after you are gone, and could even lose their home.

Nor should you rest on your laurels if you made a will many years ago, leaving everything to your children – and one in five people haven’t revisited their will for more than 10 years. They, too, could get nothing if you’ve remarried in the meantime, as marriage automatically revokes a will.

Take action now

Basically, anyone who hasn’t ever made a will – or had their existing will reviewed recently – should take action sooner rather than later.

Making a will is like getting the car serviced or clearing the gutters – one of life’s chores that no one wants to dwell on but that makes you feel so much better once it’s done.

And who knows, deciding who gets lumbered with Aunty May’s frightful teapot might just be a bit of fun.

Annie

Annie Shaw is an experienced personal finance journalist and money expert. During her career she has been the editor of the Sunday Telegraph’s property section, a staff money journalist for The Times and for several years was a financial ‘agony aunt’ for the Independent on Sunday and subsequently for the Daily Express. Annie helps consumers to make more of their money and is currently a freelance personal finance writer for a range of national newspapers. She is a frequent expert guest on personal finance issues for radio and television news. She blogs at:
CashQuestions.com

Part of the process of writing a will is planning to ensure that if a gift fails it is clear what you want to happen instead.

Not only will we help you identify your gifts, assets and beneficiaries clearly, but we’ll also give you the option of stating what should happen to any gifts which may fail. For example, where someone has died, you could choose for the gift to go to or their children instead, or someone else you specify, or have it returned to the residue of your estate. It’s entirely up to you.

If a gift fails and you have not specified what you want to happen to the item or money instead then it will become part of the residue of your estate and is distributed according to your instructions.

Related Articles:

Why might a gift in my will fail?

As part of your will you can suggest what you would like to happen at your funeral. These suggestions are expressed in a letter of wishes attached to your will. Your funeral wishes are not legally binding. They do not force your executors to do as you wish but they do at least allow you to express your preferences and these should be respected by your executors.

The sort of things you may wish to consider including are:

• Which religion, if any, you would like your funeral to be conducted under
• Where you would like the funeral to take place and who you would like to conduct it
• Whether you would like to be cremated or buried and any thoughts you have about a memorial plaque or gravestone
• Any readings or music you would like at your funeral

You may choose not to say anything at all about your funeral and leave it at the discretion of your family or friends.

You like many people, might not realise that there is no such thing as a common law spouse. The laws around inheritance can seem outdated in many areas and don’t recognise modern family structures and living arrangements.

If you’re in a long-term relationship, but not married or in a civil partnership, making a will is particularly important. If you don’t write a will your partner could end up inheriting nothing when you die. Instead your estate would be distributed according to the rules of intestacy which in some circumstances could see a long lost relative inheriting your home and finances, not the person you’ve been sharing your life with.

Things to consider

The only way you can be certain your partner will be able to inherit from your estate when you die is to include them in your will. Once you’ve included them, the only way you remove them is to re-write or change your will. Unlike married partners, they will not automatically be disinherited if you decide to break up in the future. Find out more in our changing and updating your will article.

It is also worth bearing in mind that unlike married couples, anything you leave to your partner will use up your inheritance tax (IHT) allowance of £325,000. Estates left to spouses or civil partners are free from IHT liability (without limit) and can even inherit any unused IHT allowance. Find out more in our ‘inheritance tax rules’ article.

As you make your Affio will, we’ll help you identify who the key people are in your life and give you all the information you need to make the decisions that are right for you and your will.

If you get remarried any will you have made previously is revoked by the marriage. This will mean you no longer have a will and if you were to die your estate would be distributed according to the rules of intestacy. Find out more in our ‘Rules of intestacy’ article.

However, the will won’t be revoked if it states you are about to marry a particular person and you don’t want the the will to be revoked when that happens. If you want to make a will before your remarriage and want it to continue afterwards, there is a clause we can include to ensure this happens. We can also deal with any other bequests you want to make at that time. Find out more in our ‘Making a will if you’re getting married’ article.

Your children’s rights

Your children’s rights will be completely unaffected provided that you make a will before the remarriage making clear that it isn’t revoked by that marriage. Alternatively you could make a new will after the remarriage. If you don’t make a new will, any existing will you have will be revoked upon your marriage, meaning the rules of intestacy would then apply if you were to die. This would mean your new spouse would get the first £250,000 of your estate and all your possessions, no matter what their value is. The remainder will then get split equally between your spouse and your children.

Providing for your children and new spouse in your will

Who you choose to leave your estate to (or you choose to include or leave out) is entirely up to you but you should consider including those who depend on you financially or for a home. If you exclude those who are dependent on you they make be able to make a claim on your estate after you’ve died. Find out more in our ‘When can your will be challenged in court’ and ‘Who to include in your will’ articles.

One issue many face when they remarry is that of protecting the interests of their children, mainly that they will ultimately inherit the family home (possibly from your previous relationship). But in doing this you don’t want to make your new spouse homeless if they survive you. This can be resolved by using a family trust in your will. This will allow your spouse to continue living in the property for the remainder of their lifetime, but when they die it will revert to whoever you specify – in this situation, your children. Find out more in our ‘What are trusts in a will’ article.

If you’ve already got a will and you’re planning to get divorced, now could be a good time to review it and if needed write a new one.

Will your will still be valid?

When you get divorced your will is still valid. However, any provisions you’d made in your will to leave your estate to your spouse or for them to be an executor will be ineffective from the day your marriage ends, unless the will says otherwise. It’s also worth bearing in mind that until your divorce is finalised, your spouse will still be entitled to inherit as per the instructions in your existing will – unless you change them. The same is true of civil partnerships.

Things you may want to consider reviewing in your will if you get divorced:

• Who your beneficiaries are. If a large amount of your estate was previously going to be left to your ex-spouse, they’re no longer being included in your will could mean you want to re-jig things a little.
• Who your executors are. It is always a good idea to have more than one executor, so if your former spouse was previously appointed in this role, you may want to consider someone else as a replacement for them. Find out more in our ‘Who to appoint as your executors’ article.
• Your inheritance tax liability. By previously being able to leave all or part of your estate to your spouse or civil partner, anything you left them would have been free of inheritance liability (IHT), with no limit. Your estate will now use your IHT allowance of £325,000 (unless you get remarried and rewrite your will to benefit your new spouse).
• If you still want to include your ex-spouse or civil partner in your will. Perhaps you’d still like to leave something in your will for your former spouse. Or if you have ongoing obligations to support them financially, you might want to reduce the possibility of them being able to make a claim on your estate in court. If you don’t write a new will, this won’t happen. Find out more in our ‘When can your will be challenged in court’ and ‘Who to include in your will’ articles.

In light of the above, if you’re getting divorced, it’s usually a good idea to make a new will. At Affio we make it all as simple for you as possible and will give you all of the information you need to make the right choices for you and your new situation.

Yes, your will should still be valid. However, if your ex-spouse or civil partner was appointed as an executor of the will or if they were to inherit property from you, they will be treated as though they had died on the day your marriage or civil partnership ended. The practical consequence is that they cannot act as executor and they do not inherit.

Although your will is still valid, getting divorced could be a the perfect time to review it, especially if you had previously planned to leave a large amount of your estate to your ex-spouse or civil partner. There may be a number of other arrangements in your will which may benefit from being updated at this time too, such as considering how no longer being married could affect your inheritance tax liability, your executors and of course, your beneficiaries.

Find out more in our ‘Getting divorced and your will’ article.

You can write your own Will, without any help or legal guidance and as long as it is properly signed and witnessed it should still be legally valid in the UK. It’s just not recommended for a number of reasons:

The problems with going it alone

A Will is a legal document where errors can cause it to be invalid or ambiguity means costly mistakes are made after your death.

The main problems are:

• You may not know or include all of important clauses which need to be used.
• By not using wording which has been tested in court you might be leaving yourself open to your Will being challenged in court after you die.
• By not having clear wording, your requests may not be carried out as you wanted them or lead to confusion or arguments for your loved ones.

At Affio we help you to develop your Will step by step to make sure you’ve covered everything that’s important to you and your family. We’ll ensure all of the key wording and legal clauses are used, all of which have been written by a specialist barrister, so you can be sure that your Will is perfectly written and completely legal.

Related Articles:

Do I need a solicitor to make my Will?
How do I make sure that my Will is legal?
Do I need a solicitor to sign or witness my Will?

A will does not become binding until the person who makes it dies. Until that point the person making the will is not bound at all and can change their mind as often as they like by making a new will.

For guidance on what makes a valid will, see How do I make sure my Will is legal?

As always, we’ll be on hand to give you guidance and checklists every step of the way, so if you have any questions, you only have to ask.

You can co-own property with other people in one of two ways:

• As joint tenants; or
• As tenants in common

Where co-owners of property are tenants in common, each of the co-owners has a separate share of the property. The shares can be in any proportion, so they can be equal or unequal.
Unlike in a joint tenancy, when one tenant in common dies their share in property can be passed on under their will, just like other assets.

Property can be co-owned in two ways:

• As joint tenants; or
• As tenants in common

Where property is co-owned by joint tenants each of them owns the whole property and (while they remain joint tenants) the property cannot be shared between them.
Property which is owned by joint tenants is not inherited under a will. When one joint tenant dies their share of the property goes to the surviving joint tenant(s) and the survivors then own the whole property – even if the deceased’s will says something different.

If you want your share of jointly owned property to be inherited by someone who is not the other joint tenant, you will need to “sever” the joint tenancy. You can find information from the Government on doing so here: Change from Joint Tenants to Tenants in Common,

There are a number of rules which apply to how your home will be dealt with if you die without a will. What happens will depend on how you own the property:

As sole owner:

If you are the sole owner of the property, without a will your property would form part of your estate and be distributed according to the rules of intestacy.

As a tenant in common:

If your home is owned on a tenants in common basis with someone else your share of the property will form part of your estate. Again, without a will, that share will be distributed according to the rules of intestacy.

As a joint tenant:

If you own the property as a joint tenant with someone else, your share of the property will automatically transfer to the other surviving owner. They will then have full ownership and responsibility for the property. This is the case whether or not you have a will.

Intestacy rules

If you die without leaving a will, then the state decides how your estate (money, property, personal processions etc.) is distributed, using their intestacy rules. These rules are thought by many to be old fashioned and more often than not will not reflect what you would have wanted to happen and can mean that key people such as your partner could be excluded.

The rules used can be complicated, but here are some of the highlights:

• Currently if you are married or in a civil partnership, your partner will get the first £250,000 of your estate and all your possessions, no matter what their value is. The remainder will then get split equally between your surviving partner and any children.
• If you are not married or in a formal civil partnership your partner will get nothing. The same applies if you are in a common law relationship. Instead your estate will be distributed according to a pre-set hierarchy of blood relatives.
• If you have been married, got separated, but not divorced your ex could still inherit as if you were married.

When there isn’t a will the whole process of administering and distributing an estate becomes much more complicated and long-winded.

The best way to make sure your estate goes to those you want it to go to when you die is to make a will. Not only will it ensure that no one is left out, but it will make things much easier for those you leave behind. We’ve made it all so simple for you to do, so if you haven’t got round to making yours yet, don’t put it off any longer, give us a go and you could have it sorted in no time at all.

Your property is essentially dealt with just like any other asset that you own. However, there are some additional considerations if you own property together with someone else.

When you buy a property with someone else you can own it in one of two ways:

1. As joint tenants.
2. As tenants in common.

How you co-own your home will affect how it can be treated in your will.

Joint tenancy

Where property is owned by joint tenants each owns an equal share in the whole property and the property cannot be divided between them.
When one joint tenant dies, their share of the property will automatically pass to the surviving joint tenants who will then own the whole property – even if the deceased’s will says something different.

Tenants in common

Where property is owned by tenants in common, each owns a separate share of the property. The shares can be equal or unequal.
When one tenant in common dies their share in property can be gifted in their will, just like another assets.

Why is it important?

If you co-own property as a joint tenant you may not want the other joint tenant to receive your share of the property when you die. In that case you will need to “sever” the joint tenancy. You can find guidance on this here.

How do I find out ?

If you own property with someone else, but don’t know whether it’s as joint tenants or as tenants in common, you may be able to find out from the Land Registry by undertaking a “title search”, which costs £3.00.

Usually – but not always – the Land Registry will be told at the time of purchase whether the co-owners hold the property as joint tenants or tenants in common.
Where it is clear to the Land Registry that the co-owners hold the property as joint tenants, you will not see any reference to joint ownership on the “proprietorship register”. Otherwise the Land Registry will assume that the co-owners are tenants in common and will include the following in the record:

‘No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.’

So if you see this wording on the proprietorship register, it’s a very good indication that you hold the property as tenants in common.

When you bought your property jointly with another person, the conveyancer should have discussed with you the different types of ownership with you. If you are in doubt about how you own the property, they should be able to help you.

Whatever your situation or living arrangements, we can help guide you through the steps involved in making the right will for you and your family.

If for whatever reason at any time you choose to cancel or revoke your Will this can be done in one of two principal ways:

1. By destroying it.
2. By making a new one, which expressly revokes any previous Wills.

Destroying all previous Wills

Simply gather together all signed copies of your Will including those securely stored elsewhere and destroy them for example by tearing them up, shredding them or burning them. Alternatively you can get someone else to destroy them in your presence.

Making a new Will

The simplest way to revoke a Will is to make a new one, making clear that it revokes any other Wills in existence.

If you need help in making a new will we’re here every step of the way – with us it’s easy.

There is no legal requirement to use a solicitor to make your Will. Most people’s affairs are relatively simple and straightforward and in most cases you can make a Will without the help of a solicitor.

If your affairs are more complex

Of course, if things are more complicated then using a solicitor might be something you should consider. Complicated arrangements could include:

• Being responsible for a person who will need ongoing care and financial support after your death, for example a child with special needs.
• Owning overseas assets.

If you don’t have any complex arrangements to consider, then using Affio to make your Will should suit you perfectly. We’ll take you through the process step by step, asking questions as we go to determine what you’re looking to achieve and any arrangements you want to include to ensure you get a properly drafted legal will, tailored to you and your circumstances.

Related Articles:

Do I need a solicitor to make my Will?
How do I make sure that my Will is legal?
Do I need a solicitor to sign or witness my Will?

Making a will is always a good way of making the best available use of your inheritance tax (IHT) allowance and minimising the amount of IHT payable when you die.

Planning

What a will can’t do though is reduce the value of your estate available for taxation, this will instead need some forward planning and this is something a financial advisor may be able to help you with.

There are a number of options available to you, which may include disposing of some of your wealth while you’re still alive in the form of gifts (known as potentially exempt transfers). This should be done carefully though as there are rules associated with making gifts in that you have to survive for at least seven years after the gift is made, for it not to have any liability for IHT.

There are however, certain allowable gifts and amounts which can be made completely free of IHT liability, no matter how long you survive afterwards.

Find out more about IHT thresholds and the amounts payable please see the links at the end of this article.

Charities and political parties

One way of using your will to reduce your liability for IHT and the rate of tax you’ll be charged is to consider a gift in your will to a charity or a political party. Such gifts do not count towards your IHT allowance, are IHT exempt and reduce the overall value of your estate when any IHT liability is calculated. Plus if you choose to leave at least 10% of your estate to charity, rather than being charged 40% inheritance tax on any amount over your IHT threshold, it will be reduced to 36%.

When you make your Affio will, we’ll explain your options as you go along, so you can make the decisions that are right for you and your family.

Related Articles:

What taxes will my estate incur and how will they be paid?

Unfortunately it does happen. Quite often you make your will years in advance of actually needing it and a lot can change during that time. So, if someone dies who you’ve named as a beneficiary in your will, what will happen?

You have three options:

1. Change your will – if someone dies you could amend your will or write a new one to reflect that change. We recommend you review your will on a regular basis anyway to see if any changes need to be made.
2. With an Affio will you can specify what you would like to happen to any gifts intended for someone who has died – perhaps choosing that they go to their children instead or added to residue of your will.
3. Do nothing – if you don’t specify a substitute in your will, then by default the failed gift will automatically be returned to the residue of your estate.

As you write your will with us we’ll give you the options available to you at each and every stage, including nominating substitute beneficiaries, if that’s what you want to do. With us, it really is easy to get a will which suits you and your circumstances perfectly.

No. In fact a solicitor doesn’t need to have any involvement at all in your Will to make it legally valid.

Your witnesses

You can choose your own witnesses (you’ll need two of them) and they can be pretty much anyone as long as they understand what they are doing and are able to see your signature. In practice it a good idea to choose someone who is an adult and somebody whom you expect can be traced after you die, in case they have to give evidence about the signing of the Will.

You should also be aware that if a beneficiary of the Will (or their spouse or civil partner) witnesses the Will then the gift to that beneficiary will fail. So its vital to have your Will witnessed by someone who is not a beneficiary.

To read more about getting your Will witnessed and who to choose read the articles linked below.

Getting your Will witnessed sounds like it should be a tricky task, but it’s not at all. We’ll remind you just how easy it is when you’ve finished putting together your will. It’s the very last step in the whole process, so once it’s done you’ll have a fully legal Will in place.

Related Articles:

Who can witness my Will?
Do I need a solicitor to make my Will?
How do I make sure that my Will is legal?

It is essentially up to you who you decide to leave an inheritance to in your will – there are no rules about who you must include. But before you decide to leave someone out you might want to consider the impact this will have after you’ve gone.

If someone is excluded

If you choose to exclude (or neglect to include) someone who is dependant on you financially they may be able to challenge your will in court. Find out more in our ‘When can your will be challenged in court’ article.
A challenge to your will can be expensive and time consuming. It can also cause problems in relationships between your close friends and family, costs to your estate and no end of stress for your executors. It is always worthwhile thinking hard before cutting someone out who may have thought they had a reasonable expectation of inheriting something, just to save the heartache that will undoubtedly be caused after you’ve gone.

When you write your will with us we’ll help you identify who the key people and those who are dependent on you are, so you won’t inadvertently cut someone out, but it is completely up to you who you include.

Just because you have a will it doesn’t mean everyone’s going to be happy with its contents when you die. Whilst everything might be very amicable now, start talking inheritance and those you care about might not completely agree with what your final wishes are, either through resentment or simply through not understanding your Will’s contents.

A person can’t contest a will just because they’re unhappy with what it says.

Sometimes wills are challenged in court on the basis that they are not legally valid, for example the person who made the will did not have the mental capacity to do so, or were coerced by someone else or the will was not drafted or witnessed properly.

Additionally, certain people are entitled to make a claim against an estate if the will does not make reasonable financial provision for them.

Who can make a claim?

• Spouses or civil partners.
• Former spouses or civil partners who have not remarried or entered into a new civil partnership.
• Children of the deceased.
• People who were treated as children of the deceased.
• Anyone who was wholly or partly looked after (maintained) by the deceased.
• Anyone who was living as husband, wife or civil partner of the deceased for more than two years before their death.

This shows how important it is to make sure your will is correctly and clearly written and legally valid. We’ll guide you through all of the important steps involved in putting your will together and getting it correctly witnessed.

To find out more read our ‘What needs to happen for a will to be valid?’ and ‘Who do you need to provide for in your will?’ articles.

Writing a Will with Affio can cost nothing.

With other providers the costs involved, much like anything, depends on a number of factors – how you have your will written, who does it and how complex your circumstances are.

Typically having your will written by a solicitor starts at about £150 but people often use an unregulated will-writer and this is cheaper.  A recent survey found that most people pay between £50 and £150:

Source: Legal Services Board/YouGov

The Affio will was written by a specialist barrister, so you get the same legal language as a solicitor but if you don’t make any specific gifts it will be free. Which is nice, especially as you get to write it from the comfort of your own sofa.

Yes they can. In fact many people choose close friends or relatives to be their executors, so it is only natural that they will also be beneficiaries too.

Your executors can receive any amount in your will, just like any other person. So, that could be a specific gift, property, a substantial share or even the whole lot – there are no restrictions on what you can leave them.

Important

The only rule you need to concern yourself with is that a beneficiary can’t be one of your witnesses.

To read more about getting your will witnessed and who you can choose read our ‘Who can witness your will’ article.

When you come to write your Affio will we’ll give you as much help as you need, when you need it, so you’ll be able to make informed choices and the right decisions for you and your circumstances.

We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

You can disable cookies by changing the settings on your browser. However, if you use your browser settings to block cookies you may not be able to access all or parts of our site.

By continuing to use our website without changing your settings, you consent to our use of cookies as described above.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

By visiting affio.co.uk (our site) you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Morphological Ltd of 9 Belgrave Place, Brighton BN2 1EL.

Information we collect from you

We may collect and process the following data about you:

• Information you give us. You may give us information about you by filling in forms on our site affio.co.uk or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you use our site, use our services, place an order on our site, and/or when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, and information about your assets.
• Information we collect about you. When you visit to our site we may automatically collect the following information:
• technical information, including the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
• Information we receive from other sources. We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers,) and may receive information about you from them.

Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookies policy.

Uses of the information

We use information held about you in the following ways:

• Information you give to us and information we collect about you. We will use this information:
• to provide you with the services that you request from us;
• to provide you with information about other services we offer that are similar to those that you have already purchased or enquired about;
• to provide you with information about the goods or services of third parties which we feel may interest you. We will only contact you by electronic means (e-mail or SMS) with information about goods and services if you have consented to this. If you do not want us to use your data in this way, you will be able to tell us when you register to use our site;
• to notify you about changes to our service;
• to ensure that content from our site is presented in the most effective manner for you and for your computer.
• to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
• to allow you to participate in interactive features of our site, when you choose to do so;
• as part of our efforts to keep our site safe and secure;
• to measure or understand the effectiveness of our advertising;
• Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Your information and third parties

We will never sell your information to third parties.

We may transfer your information to third parties who provide technical services to us (for example website hosting) in order for us to be able to operate our site and provide our services to you.  Those third parties are not entitled to make use of your information except to provide technical services to us.

We may share technical information about the way in which you use our site with analytics providers that assist us in the improvement and optimisation of our site.

We may share anonymised and aggregated information about users of our site with selected third parties including third parties who offer goods and/or services which we feel may be of interest to you.  When sharing information in this way we do not disclose information about identifiable individuals.  Instead we may provide them with information about groups of our users (for example, the number of men aged over 30).

In addition we may disclose your personal information:

• if Morphological Ltd sells all or substantially all of its assets to a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.  You can also exercise the right at any time by contacting us at privacy@affio.co.uk.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments and requests regarding this privacy policy should be addressed to privacy@affio.co.uk.

1.  GENERAL

1.1 These terms and conditions tell you the terms on which you:

(a) may make use of our website affio.co.uk and any subdomains (our site), whether as a guest or a registered user. Use of our site includes accessing it and browsing, or registering to use our site;

(b) purchase any products form our site (Products)

1.2 By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

1.3 Our Privacy Policy – Privacy Policy - sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

1.4 Our Cookie Policy - Cookie Policy - which sets out information about the cookies on our site.

2.  ABOUT US

2.1 Affio.co.uk is a site operated by Morphological Ltd (We). We are registered in England and Wales under company number 08469511 and have our registered office at 9 Belgrave Place, Brighton BN2 1EL.

2.2 Our main trading address is The Skiff, 30 Cheapside, Brighton BN1 4GD.

2.3 We are a limited company.

2.4 To contact us, please email info@affio.co.uk

3.  USING OUR SITE

3.1 Our site is made available free of charge.

3.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

3.3 We only provide our site for domestic and private use. You agree not to use our site, the content on it or any of our Products for any commercial or business purposes.

4.  OUR PRODUCTS

4.1 The main characteristics of each of our Products are described in detail in the relevant parts of our Site.

4.2 You must be over 18 years of age to purchase any Product from our site.

4.3 The prices of the Products will be as quoted on our site at the time you submit your order. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

4.4 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

5.  HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 Our site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

5.2 The contract between you and us for the supply of the relevant Product will only be formed when you place your order. After you place an order, you will to receive an e-mail from us acknowledging your order and confirming the contract between us.

5.3 Each order for a Product will create a separate contract between you and us.

5.4 Every time you order a Product from us, the Terms in force at the time of your order will apply to the Contract between you and us.

6.  DELIVERY AND CANCELLATION

6.1 Our Products are supplied to as digital content by way of email or download.  Supply of our Products begins immediately after you place your order and we receive payment for it.

6.2 You expressly consent to us supplying a Product to you before the end of the period of 14 days after the day on which you place the relevant Order and you acknowledge that once supply of the relevant Product has begun your right to cancel the Contract between us will be lost.

7.  HOW TO PAY

7.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa; MasterCard; American Express.

7.2 Payment for the Products is in advance.

8.  OUR LIABILITY TO YOU

8.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

8.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.3 The content on our site:

(a) is provided for general information only;

(b) does not amount to advice about your particular circumstances nor must you rely on it as such; and

(c) where it describes legal concepts or procedures, describes the  law of England and Wales;

8.4 You are responsible for any decisions you take based on the information contained on our site.  You should take professional advice if:

(a)  you do not understand any information on our site;

(b)  you are unsure whether or how any information on our site it applies to you or your circumstances; or

(c) if you are unsure whether any of our Products are suitable for you,

8.5 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

9.  CHANGES TO THESE TERMS

9.1 We may revise these terms and conditions at any time by amending this page.

10. CHANGES TO OUR SITE

10.1  We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

11. YOUR ACCOUNT AND PASSWORD

11.1  If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

11.2  We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

11.3  If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@affio.co.uk.

12. INTELLECTUAL PROPERTY RIGHTS

12.1  We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.   All such rights are reserved.

12.2  You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

12.3  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

13. OUR  LIABILITY TO YOU.

13.1  If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

13.2  We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3  The content on our site:

(a) is provided for general information only;

(b) does not amount to advice about your particular circumstances nor must you rely on it as such; and

(c) where it describes legal concepts or procedures, describes the  law of England and Wales;

13.4  You are responsible for any decisions you take based on the information contained on our site.  You should take professional advice if:

(a)  you do not understand any information on our site;

(b)  you are unsure whether or how any information on our site it applies to you or your circumstances; or

(c) if you are unsure whether any of our Products are suitable for you,

13.5  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

14. LINKING TO AND FROM OUR SITE

14.1  You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

14.2  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.3  Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

14.4  Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources.

15. OTHER IMPORTANT TERMS

15.1  We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

15.2  This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.3  Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.4  If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.5  These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Whilst most of your assets and possessions can be left to anyone you choose, there are a number of things which fall outside the scope of your will and will be disregarded, no matter what you request.

Items which can’t be included:

• Joint bank accounts – any funds in these accounts will automatically go to the surviving account holder.
• Any property held as a joint tenancy – your half of the property will automatically go to the surviving joint tenant. See our ‘Your home and your will – joint tenant’ article to find out more.
• Life insurance policies in trust – any payments due on death will be paid directly to the beneficiary previously nominated by the deceased.
• Death in service benefits – any payments due on death will usually be paid to the spouse or person nominated in the policy information.
• Pension benefits – these will usually go to the spouse or the person nominated in the scheme documents.
• Trust assets – if you’re the beneficiary of a trust, you may not be able to give away those assets in your will. Your trustee will be able to confirm the conditions applicable to you. Equally, if you are a trustee you cannot give away any will assets you hold as a result of your position.
• Assets not owned by you – this can include items borrowed or leased, such as a car.

To avoid any doubt, when you make your Affio will, we’ll help you identify the assets you have and the ones which can’t be included, so you can be sure of who will get what when you die.

If you die without leaving a will, then the state decides how your estate (money, property, personal processions etc.) is distributed, using the intestacy rules. These rules are thought by many to be old fashioned and may not reflect what you would have wanted to happen. Key people such as your partner could be excluded under the intestacy rules.

Intestacy rules

The rules used can be complicated, but here are some of the highlights:

• Currently if you are married or in a civil partnership, your partner will get the first £250,000 of your estate and all your possessions, no matter what their value is. The remainder will then be split equally between your surviving partner and any children.
• If you are not married or in a civil partnership your partner will get nothing. Instead your estate will be distributed according to a pre-set hierarchy of blood relatives.
• If you have been married, got separated, but not divorced your ex could still inherit as if you were married.

When there isn’t a will the whole process of administering and distributing an estate becomes much more complicated and long-winded.

Making a will is the only way to be certain that those who you want to inherit do so. Not only does it ensure that no one is left out, but it will make things so much easier for those you leave behind. We’ve made it all so simple for you to do, so if you haven’t got round to making yours yet, don’t put it off any longer, give us a go and you could have it sorted in no time at all.

If circumstances have changed or the will is worded poorly then gifts may not come into effect in the way you want. It’s vital your will is written clearly and correctly.

There are two main reasons a gift might fail:

Circumstances have changed

Examples of changes in circumstances that can cause a gift to fail include:

• The Testator no longer owns the item or property matching the description in the will.
• The Beneficiary dies before the person who made the will.
• A charity mentioned in the will no longer exists.
• There are not enough assets in the estate to satisfy the gift.

Affio helps you plan what happens if circumstances change. See our article on What happens when a gift fails.

The beneficiary or gift can’t be identified.

Examples can include:

• A gift is unclear – ‘I leave my house to my daughter Mary’, when you have more than one house.
• A beneficiary being unclear – ‘I leave my brother…’, when you have more than one brother.

Beneficiaries cannot be forced to take a gift, so a gift might also fail because a beneficairy refuses to accept it. A gift to a beneficiary would also fail if that beneficiary witnessed the will.

At Affio we will help you ensure that both the person and the gift is correctly identified and specified. Once that is done we create will clauses using language provided by legal experts to ensure your wishes are expressed in the proper legal manner, ensuring the right person gets the right gift.

You might have already approached the people you’re going to appoint as guardians and executors in your will for their permission to do so, but let’s face it, a lot can change between now and when your will’s going to be needed. This could include these key people changing their mind, not being around anymore or not being physically able to carry out their responsibilities.

How you can minimise the risk of this happening

We’d always recommend you appoint substitutes for the key appointments in your will, so if for any reason your first choices aren’t available when the time comes, there is someone who can step in to fill in the gaps.

You should carefully consider who to appoint – not only should you check that they’re willing to take on the role in the first place, but you may also want to consider if they’ll be able to cope with the duties required so soon after your death, have the skills needed and are young enough to still be around after you’ve died.

If there are no executors or guardians

If none of your nominated executors or guardians (or their substitutes) are able to take on the responsibilities at the time, then an application will need to be made to the court to appoint suitable alternatives.

A will is an important legal document which describes your wishes for what you would like to happen to your estate (everything you own) after your death. Being absolutely clear about who you want to benefit when you die will not only remove any doubt and help avoid family disputes, but also help your loved ones sort out your affairs at what will be a difficult time for them.

First things first

A good starting point for what and who you might want to include in your will is to consider the following questions:

• What do you own? Properties, vehicles, savings and investments, jewellery, antiques, furniture, clothes, personal belongings, pets…the list goes on.
• What do you owe? Mortgage, credit cards, loans, equity release, etc.
• Do you have children under 18? If so, you may want to think about appointing guardians for them.
• Who do you want to benefit from your will? Your partner, children, special friends or neighbours, charities, etc.
• Do you have any other special requests? Organ donation or funeral arrangements are things many choose to include.
• Who do you want to appoint as your executors?

The types of gifts you can leave in your will

Guardians and Executors
If your children are under 18 you will need to choose someone to appoint as their legal guardian.

You will also need to appoint executors. These are the people who will be responsible for making sure the instructions in your will are carried out properly and you appoint them in the legal document.

It’s true, knowing what to include in your will can seem daunting, but it’s not. We’ve given you some things to think about here and when you come to prepare your will with us, we’ll take you through everything step by step, you’ll be surprised at just how easy it is.

Inheritance Tax (IHT) is a tax levied on a deceased’s estate. The estate is, with a few exceptions, everything the deceased owns immediately before death. Normally the tax is charged at 40% of the value of the estate. However there are lots of exemptions that mean currently only about 1 in 20 estates pay any IHT. We explain these exemptions below.

Leaving all or part of your estate to your husband, wife or civil partner

The good news is that any gifts made in your will to your spouse or civil partner are free of IHT. In other words if you leave all your assets to your spouse or civil partner there will be no IHT to pay. Also any inheritance left to your spouse (husband/wife/civil partner) does not use up your ‘Nil Rate Band’. We explain what that is below.

The nil rate band

Each person has a “nil rate band” – an amount they can leave to anyone free of IHT. Currently the nil rate band is £325,000 per person. In other words, if your estate is worth less than £325,000 there will be no IHT to pay.If you leave part of your estate to someone other than your spouse or civil partner then this uses up your nil rate band.
The nil rate band is “transferable” between spouses/civil partners. This means that when one spouse dies, any unused part of their nil rate band is passed on to their spouse/civil partner.
Here is an example:

• Bob leaves an estate worth £500,000 on his death.
• He leaves £400,000 of his estate to his wife Mary – this is free of IHT and does not use up his nil rate band.
• Bob leaves the remaining £100,000 to his daughter Alice – this is free of IHT but uses up £100,000 of Bob’s £325,000 nil rate band allowance.
• The remaining £225,000 of Bob’s nil rate band allowance is automatically passed on to his wife Mary. This means that Mary now has a nil rate band of £550,000 for use on her death. £325,000 of her own nil rate band plus the additional £225,000 that Bob didn’t use on his death.

Exempt gifts made in your will

Some gifts made in your will are exempt from IHT, meaning that they do not attract IHT at all (and do not use up the nil-rate band). The most important exemptions are gifts between spouses or civil partners and gifts to charities.

Gifts made during your lifetime

The value of gifts made in the seven years before death form part of your estate. For IHT purposes they are taxed on a sliding scale: 40% IHT is payable if the gift was made within three years of death, reducing over time to 0% for gifts made more than seven years before death. This is to prevent people avoiding inheritance tax by giving away their estate just before their death. These gifts are part of the estate and therefore do use up the nil-rate band.
Some gifts made during your lifetime are also completely exempt from IHT. These include:

• Gifts worth up to £3,000 in each tax year. This is called the ‘annual exemption’.
• Wedding/civil partnership gifts (up to £5,000 to a child, up to £2,500 to a grandchild or great-grandchild and £1,000 to anyone else).
• Individual gifts worth up to £250.
• Regular gifts from income.
• Gifts to help with another person’s living costs.

Gifts to charity

Gifts to charity do not attract IHT or use up your nil rate band. In addition if a will leaves more than 10% of the estate to charity, the remainder of the estate is taxed at 36% rate of IHT on that part of it which exceed the nil rate band.

Tax reliefs

Some other gifts made in a will attract relief on IHT. These are:

• Businesses passed on as a going concern
• Agricultural property
• Woodlands
• Cultural heritage

How is inheritance tax paid?

Inheritance tax is paid by the executors of the will out of the estate. Where a gift in a will is expressed to be “free of tax”, then any IHT related to that gift is usually paid out of the residue of the estate.

Probate is the process of proving who is legally entitled to deal with the estate of someone who’s died. Commonly, it also describes the process of dealing with a deceased assets and affairs.

Probate and Administration

Technically probate only covers the situation where the deceased has a will which appoints executors. Where there is no will, or where there is a will but no effective appointment of executors, the process is called administration. Administrators are appointed by the court. Executors and administrators are together referred to as personal representatives.
Executors apply for a “grant of probate”. Administrators apply for a “grant of letters of administration”. These are together referred to as “grants of representation”.

Why are grants of representation important?

Grants of representation are important because they show that the personal representative has authority to deal with the deceased’s estate.

Applying for grants of representation – the steps involved

Before applying for a grant the personal representatives must value the estate and report it to HMRC for inheritance tax purposes. Once the inheritance tax formalities have been completed, the personal representatives can apply for the grant of representation. To do this the executors or representatives will need to swear an oath. The content of the oath varies depending on circumstances, but it always includes:

• The deceased’s name, address and dates of birth and death.
• The personal representatives’ full names and addresses.
• A promise that the personal representative will administer the estate correctly.

The personal representatives then send the oath, together with the will and any probate forms to the Probate Registry. Assuming all is in order, a grant of representation will be issued, allowing the personal representatives to distribute the estate according to the will (or intestacy rules if there is no will).

Applying for probate and estate administration can be a complicated task for those you leave behind, but it can all be made much easier just by making a will. Not only will it ensure your wishes are carried out exactly as you wanted them, but there will be a clear set of instructions for your pre-appointed executors to follow. If you haven’t got round to making your will yet (we know it happens), take action now, we’ve made it all so easy for you to do, there aren’t any excuses anymore.

If your will includes a trust, you must appoint trustees. To keep things simple, with an Affio will your trustees and executors will be the same people, so the same qualities of a good executor will also apply to your trustees.

Ideally trustees should be someone:

• You trust to follow the instructions you make in your will and for any trusts needed.
• Who is organised and good at paperwork.
• Willing to take on the role.
• Who will have the best interests of the beneficiaries at heart.
• Who is likely to be around after your death, so probably younger than you are.

Whatever arrangements you choose to include in your will, we’ll keep it simple, explaining everything you need to know and giving you all the information you need to make the right decisions for you.

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What is a trustee?

A trustee is a person who has legal responsibility for assets on behalf of somebody else, called the beneficiary.

Trusts have all sorts of uses. They can be complicated they don’t have to be. In fact even the most simple of wills might require someone to take legal responsibility for assets on behalf of someone else. A good example of this is where a will leaves something to a child under 18 In that case a trust is needed to hold the assets for them until they reach 18 (or older if that’s what the will specifies).

What does a trustee do?

A trustee’s responsibility is to manage assets in the best interests of the beneficiary or beneficiaries. The trustee’s powers to deal with assets are governed by statute, as well as the terms of the will.

Being an executor is an important and sometimes demanding responsibility, so it is vital you choose yours with care.

It is often a good idea to talk to anyone you’re thinking of appointing before you write your will to make sure they have a fair understanding of what will be expected of them and they are happy to take on this role. If they are not willing, they will have the right to refuse the responsibility when the time comes, so it makes sense to get their permission in advance.

Who can be an executor?

• You can appoint anyone to be your executor. However they won’t be permitted to carry out the role after your death if they are under the age of 18, mentally unsound, or if you have divorced them after making the will. They may not be able to carry out the role if they are bankrupt or in prison.
• There is no rule against your executors also being beneficiaries, so by using a close family member or friend it doesn’t mean you have to write them out of your will.

A good executor could be someone:

• You trust to follow the instructions you make in your will.
• Who’s organised and good at paperwork.
• Willing to take on the role.
• Able to cope (emotionally and mentally) with the responsibility so soon after your death.
• With experience of managing legal issues, although this is not essential because legal advice can always be sought (at the expense of the estate) if needed.
• Who’s likely to be around after your death, so someone who’s probably younger than you are.

Who to choose

The most common choices for executors are family members. In 2012 the Legal Services Board published some research which showed who people had appointed as their executors. And this is what they found:

You could also consider using the paid services of a professional adviser, such as a will writer or solicitor, but this is not a necessity. In recent years there has been some controversy in the legal industry over excessive probate charges.

At the end of the day who you choose as your executors is completely up to you and if you change your mind at a later date you can always change your will to reflect this. It is an important decision to make and one you need to feel comfortable with.

What does an executor do?

Typical responsibilities can include:

• Collecting and listing all of the assets in the estate – bank accounts, property, possessions etc.
• Valuing the estate.
• Applying for a grant of probate.
• Making sure all debts, bills, taxes (including inheritance tax) and funeral expenses are paid for out of the estate.
• Sell off assets if needed.
• Distribute whatever is left, following the wishes made in the will.
• Keeping a record of what they’ve done in the form of estate accounts.

How many executors?

If you are leaving all or most of your estate to your partner it is common for that person to be the sole executor of the will. Otherwise it is usually a good idea to appoint more than one executor to share the responsibility. You should also consider appointing substitutes in case your chosen executors die before you do or in case one of them can’t act when the time comes.

You can actually appoint as many executors as you want, but only a maximum of four will be able to apply for probate. Two people are usually enough.

Related Articles:

Who can be appointed as an Executor?

How do I appoint an Executor for my will? 

If you have children under the age of 18 you will probably want to nominate a guardian for them in case you and the child’s other parent were to die.

You can only appoint a guardian for your children if you have parental responsibility for them.

You can read more about who has parental responsibility and what will happen if there is no will in our ‘What happens to your children if you die without a will’ article.

A guardian’s role and responsibilities

The role of a guardian is essentially much the same as a parent and can include the day to day care of the child and making decisions about how they are looked after, educated and treated medically until they reach the age of 18.

Find out more about choosing guardians in our ‘Appointing guardians for your children in your will’ article.

Trusts

Most children will also be beneficiaries of their parent’s estate and their inheritance will usually be held for them in a trust until they are 18. The guardians will be able to use any income from the investment of that inheritance for the upkeep of any children left in their care.

You can read more about trusts and trustees in our ‘What are trustees in a will’ article.

If you have children you will want to make the right decisions for them and we’re here to help – from appointing guardians and trustees to choosing what to leave them. Your will is probably the most important thing you can do to ensure your children are provided for in the event of your death. So we want to do everything we can to help you get it right.

Out of all the decisions you’ll need to make whilst writing your will, choosing who will look after your children if you and their other parent were to die, is possibly one of the hardest decisions you will have to make.  Whilst it might be an upsetting prospect, it’s an important decision and one you’ll most certainly want to get right. So, who should you choose?

Choosing the right guardians

Most people choose a brother, sister or close friend to be guardians, but does being a good friend or your favourite sister mean they are going to be the right person to bring up your children? Here are some things you may want to consider:

• Are their values and ideas on parenting the same as yours?
• Do they have a good relationship with your child?
• Do they have the time and energy to be able to properly care for your child?
• Are they willing to take on such an important responsibility?
• Does your child have a good relationship with them (and any other children already living in the same home)?
• Are they physically well enough (and young enough) to look after your child properly until they’re 18?
• Will they be able to maintain good relationships with the rest of the family (on both sides)?

Before making your final decision you should talk to the individuals you want to choose to make sure they are happy to take on the responsibility of being a guardian and understand what this will mean if you were to die.

It is often a good idea to appoint at least one guardian (or a couple), plus someone who is willing to be a substitute in case your first choice dies before you do or is unable to take on the role if required.

We will explain everything you need to consider and provide the correctly worded legal clauses to give you the will that suits you and your children’s needs the best.

Your will must be witnessed for it to be valid. So one of the most important steps in completing your will is to have it witnessed correctly.

For a full description of the witnessing procedure see how to make sure your will is legal.

Your witnesses

There are no particular rules around who can (and can’t) witness your will, other than they must be must be capable of understanding what they are doing.

However, if a beneficiary of the will (or their spouse or civil partner) witnesses the will, thne that person will not be entitled to inherit.

So, the following is good practice:

• Both witnesses should be over 18 (or at least old enough to understand what they are doing.
• Ideally the should to be traceable after you die, in case they have to explain to a court how the will was signed.

Your witnesses do not have to read the will. You could cover the contents with a piece of paper if needed, leaving the area for them to sign uncovered. Their job is simply to confirm they have either seen you sign the will or if you’ve already signed it, that you acknowledge that the signature is yours.

Once you’ve written your will online we’ll explain the simple steps you’ll need to follow to sign and have your will witnessed.

With Affio, you can specify that you want your will to cover your assets in the UK, or your assets throughout the world.

If your assets are situated outside of England and Wales, or if you are domiciled outside England and Wales, then the applicable law where the assets are situated, or the the law of your domicile may affect the way your will operates.

If you’re concerned about this, you may want to consider getting legal advice or making a second will in the country where you own the property.

If you die without a valid Will the state will dictate how your money, property and possessions are distributed. It does this by applying a set of rules – the intestacy rules – which don’t always reflect modern family arrangements and may mean your estate is not being distributed as you would have wanted. In particular, unmarried partners are not recognised by the intestacy rules.

The intestacy rules refer to the deceased’s “issue” – that is all his or her direct descendants including adopted and illegitimate children, but not step-children.

If you’re married or in a civil partnership and have issue:

Your surviving spouse/civil partner gets all your personal possessions, the first £250,000 of the estate and half of whatever’s left. Your issue receives the other half.

If you’re married or in a civil partnership but have no issue:

Your spouse or civil partner receives your entire estate.

If you have no spouse or civil partner:

Your estate will be inherited in the following order:

• Your issue
• Your parents
• Your siblings
• Your half brothers and sisters
• Your grandparents
• Your uncles and aunts
• Your half-uncles and aunts

Who can’t inherit under the intestacy rules?

• Step children unless they’ve been legally adopted by you
• Unmarried partners or those not in a civil partnership – irrespective of how long you’ve been living together
• Relations by marriage
• Friends
• Carers

The intestacy rules are complex. This is an overview of some of the situations they cover. To find out more go to the Government’s website, where they have a tool you can use to see of these rules could affect you.

It is easy to see why having a Will is so important. Not only can it make sorting out your affairs much clearer and easier for your friends and family, but it means you have a say in the things that matter to you and no one you care about will be excluded.

By writing your Will with us you can make sure all of the key points are considered and you have a Will which is not only legally valid, but is also tailored to suit your specific needs and those of your family – after all that’s what it is all about.

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What happens to my house if I die without a Will?
Will my partner get anything if I die without a Will?

In basic terms your estate is everything you own, less anything you owe. So that’s your property, money, investments, vehicles and possessions, less your debts for example: money owed on loans, mortgages or to the tax man.

Most of the things you own can be dealt with in your will, the main exceptions are:

• Money held in joint accounts – which will automatically go to the other account holder.
• Property which is owned on a joint tenant basis – where your share of the property will go to the other owner.
• Financial products such as pensions and life insurance policies which will have their own rules on what happens to them when you die.

Find out more in our ‘What can’t be left in a will?’ article.

The best answer to this question is somewhere it can be found! After all what’s the use of having a perfectly drafted and legally valid will if it is hidden away or locked in a fireproof safe and no one has the combination?

Legally you can store your will anywhere you like – the most important thing is that your executors know where it is and can be accessed as soon as possible when you die.

You could consider using the services of certainty.co.uk – The National Will Register, who for a fee, allow you to register where your will is kept so it can be found when the time comes.

Probate Service for safe keeping

We think the best place to store your will is with the Probate Service, which is a government service offering the safe keeping of important documents. Not only will your will be kept safe and secure, but it is also the obvious place for anyone looking for a will to do a search, meaning it can easily be found when the time comes.

The service costs just £20 to deposit your will and this can either be done in person at a Probate Registry of your choice or by post. In return you will get a certificate of deposit for you to keep in a safe place. The only downside is that if you choose to update or write a new will in the future you’ll have to retrieve your will from them and pay the £20 fee again.

Find out more about How to deposit a will with the Probate Service .

Other options for storing your will

With your bank in a safety deposit box

Pros – easily accessible while you’re alive.
Cons – there will be charge for this service and if your executors don’t have access they may not be able to get to your will until probate has been granted. And probate can’t be granted without a will!

With a solicitor or will writing firm

Pros – solicitors are regulated so if your will gets lost or damaged they will have to put things right. This is not always the case with will writers though.
Cons – if they go out of business it may be difficult to trace your will.

Keeping it yourself

Pros – free and easily accessible.
Cons – could get accidentally damaged or thrown away.

See also:

What will be covered by my will?

Appointing Executors

Appointing Guardians

What happens if an appointment fails?

What happens if a gift fails?

Making changes to my will

I’ve downloaded my will, what do I do next?

Things change all the time, so it’s important you review your Will on a regular basis or when anything big happens in your life which is likely to affect the choices you’ve made.

Typical reasons for changing your Will

• If you have children (more children) or grandchildren.
• If you get married – marriage automatically revokes a Will in England and Wales (but not in Scotland).
• If you get divorced.
• Someone named in your Will as a beneficiary, executor or guardian has died.
• If there are changes to inheritance tax rules or other legislation.
• If you’ve sold something you’ve named as a gift in your Will or if you’ve bought something new.
• If you’ve simply changed your mind about anything or anyone named in your Will.

Amend your Will or write a new one?

When it comes to making changes to your Will you typically have two options – writing a new Will or adding a codicil.

Writing a new Will keeps things simple. Under English and Welsh law a Will can be revoked by a later Will. So the simplest thing to do is to make a new Will which makes clear that any previous Wills are revoked. This avoids any inconsistency. Since most Wills are written and stored electronically making a new Will can be done easily without having to start from scratch.

A codicil allows for amends to be made to an existing Will by detailing the changes in a separate document. This must be signed and witnessed the same way as a Will to be valid. This is a more old fashioned way of making changes, a relic of when Wills were still handwritten and costly to re-write. The risk with a codicil is that it doesn’t work properly with the existing Will, leading to unintended consequences.

At Affio we don’t use codicils, we recognise the need to keep things simple and besides, creating a new Will is much easier and less likely to lead to a dispute.

We want you to be completely happy with your Will, so during the first 12 months of having an Affio Will you can make as many changes to it as you need to without charge. Getting it right is just as important to us as it is to you.

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Getting remarried and your Will?
Is my Will still valid after a divorce?

It is perfectly legal for you to write your own Will. Most people’s affairs are relatively straightforward and are perfectly suited to using our services. Affio allows you to express your wishes simply and clearly and then translates them into the same legal language as a solicitor would use.

It is important your Will is legally valid, clear and will do exactly as you want it to – that is why getting the right sort of help in putting it together is vital. A poorly drafted Will could mean the following:

• Badly drafted clauses or unclear instructions mean your wishes aren’t carried out as you’d requested.
• Your Will is left open to a legal challenge.
• Your Will is not legally valid.

Of course, if things are more complicated, for example if you have a particularly complex financial situation, or a dependant with special needs, then using a solicitor is something you should consider.

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How do I make sure that my Will is legal?
Do I need a solicitor to sign or witness my Will?

What you decide to include (or not) in your Will is up to you. You can go into as much detail as you want, or just cover the basics – it is more about making sure your savings and possessions (your estate) go to the people you want it to go to.

Being absolutely clear about who you want to benefit when you die will not only remove any doubt and help avoid any family disputes, but also help your loved ones sort out your affairs at what will be a difficult time for them.

First things first

A good starting point to knowing what and who you might want to include in your Will is to consider the following questions:

• What do you own? Properties, vehicles, savings and investments, jewellery, antiques, furniture, clothes, personal belongings, pets…the list goes on. You need to have a general sense of what you own, but you won’t need to list every item!
• What do you owe? Mortgage, credit cards, loans, equity release, etc.
• Do you have children under 18? If so, you may want to think about appointing guardians for them.
• Who do you want to benefit from your will? Your partner, children, special friends or neighbours, charities, etc.
• Do you have any other special requests? Organ donation or funeral arrangements are things many choose to include.
• Who do you want to appoint as your executors?

The types of gifts you can leave in your Will

You can make specific gifts to particular people or charities and then state where you want everything that’s left over (called the “residue”) to go. Or you could decide to divide everything up into portions, so perhaps give half to your partner and then a quarter each to your two children.

Your children

If you have children there are two main areas you may want to include in your will:

1. Guardians – if your children are under 18 you will need to choose someone to appoint as their legal guardian.
2. The age your children (or grandchildren) should receive any gifts – when they are 18, or deferred until later.

Your executors

It is important to include the names and addresses of who you have chosen to be your executor or executors. These are the people who will be responsible for making sure your instructions are carried out properly. It is often a good idea to appoint more than one executor to share the responsibility and to cover yourself in case one of them dies before you do.

Knowing what to include in your will can seem daunting but it is not. We’ve given you some things to think about here and when you come to prepare your will with us, we’ll take you through everything step by step, you’ll be surprised at just how easy it is.

Young or old, if you’re over 18 you should have a Will. Let’s face it no one knows what’s around the corner and it makes sense to be prepared.

If you’re at the younger end of the scale with no health issues or responsibilities, perhaps getting a Will in place isn’t the top of your priorities, but still shouldn’t be something you keep putting off.

When a Will should be a priority

It obviously becomes more important to have a Will if you’re older or you have health issues. It is also important if you have a family, others you’re responsible for or if you’re living with your partner, but not married to them.

It is only by making a Will that you can be certain your wishes will be carried out and your estate distributed as you wanted it. Without a Will the state will dictate how your money, property and possessions are distributed using a set of rules (intestacy rules), which don’t always reflect modern family arrangements and can mean key people in your life not being included at all.

If you have a family

If you have children under 18 your Will is where you will make important provisions in the event of your death. These can include appointing guardians for them and catering for their ongoing financial wellbeing.

If you’re living with your partner

If you’re not married or in a civil partnership with your partner and die without making provision for them in your Will, they will inherit nothing from your estate. Instead everything you own would be distributed according to the rules of intestacy which could see long lost ‘Aunt Edna’ inheriting your home and belongings, but not the person you’re closest to.

Having a Will not only ensures your wishes will be carried out as you wanted them, but could also save your loved ones a lot of heartache and discord at what will already be an extremely upsetting time for them.

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Who will take care of my children if I die without a Will?
What should I consider in my Will if I am part of an unmarried couple?

There are a number of formalities you’ll need to follow to make sure your Will is legally valid. If your Will is deemed to be invalid when you die, your estate will have to be dealt with as if there was no Will, being distributed according to the rules of intestacy and not as you’d requested.
The good news is that the rules for making a valid Will are quite easy to comply with, so really there’s no excuse for getting it wrong.

For a Will to be legally valid it must be:

• Made by someone who is at least 18 years of age.
• Made voluntarily and without pressure from anyone else.
• Made by someone who has mental capacity. That means they are aware that they are making a Will, they understand the extent of their assets and they understand who, morally, might have a claim on their assets.
• Made by someone who understands the contents of the particular Will.
• In writing.
• Dated.
• Signed by the person making the Will, in the presence of two witnesses.
• Signed by the two witnesses, in the presence of the person making the Will.
• The Will does not need to be dated to be valid, but it is a good idea for the date to be included.

Witnessing the Will

There are no particular rules around who can witness your Will, other than they must be present when you sign it and must understand what they are doing.

However, if a beneficiary of the Will (or their spouse or civil partner) witnesses the Will that person will not be entitled to inherit.

So, the following is good practice:

• Both witnesses should be over 18.
• Ideally they should to be traceable after you die, in case they have to give evidence about how the will was signed.
• They shouldn’t be a beneficiary of your Will (or the spouse or partner of someone who is). In fact no beneficiaries should be in the room when the will is signed.

When you download a Will from Affio you will get full guidance on the signing formalities.

Your Will is an important document and it doesn’t matter if you have a small amount or a grand fortune, the rules are the same. So doesn’t it make sense to take the time to make sure you get it right?

Once you’ve written your Will online we’ll explain the simple steps you’ll need to follow to make sure your Will is legally valid. We’re always on hand if you need an extra help. After all, what’s the point of having a perfectly crafted will if when the time comes, it can’t be used?

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Do I need a solicitor to make my Will?

Yes, you can leave your estate to whoever you choose. Children tend to be a popular choice and they can still inherit, even if they are under 18.

Trusts

Where a child is under 18 their inheritance will be held in a trust for them until they are 18. When you make your will you appoint the trustees to oversee the trust.

Until the child reaches 18, the trustees are able to use the inheritance and any income from investing it for the benefit of the child.

You can read more about trustees in our trustees in a will article.

If you have children under 18, have you ever considered what would happen to them if you were to die? Who would look after them?

Guardianship

For many people, appointing people to look after their children if they die is one of the most important functions of a will. These people – guardians – will have “parental responsibility” for the children. A person with parental responsibility is entitled to take decisions on behalf of a child for example about education, medical treatment and where they will live. Having parental responsibility does not, in general, mean that person is financially responsible for the child. A guardianship will only be effective if no surviving parent has parental responsibility for the child. In other words, usually, if one parent dies but another survives the surviving parent will have parental responsibility.

When does a parent have parental responsibility?

• If the child’s parents are married at birth, then both will have parental responsibility
• If not, the mother will have parental responsibility
• A father will acquire parental responsibility if the parents subsequently marry or if he is named on the child’s birth certificate (for children born after 1 December 2003) or under a court order
• Adoptive parents have parental responsibility

What if there’s no one with parental responsibility?

If both you and the other parent were to die and there is no guardian appointed for your children, then the courts would appoint someone instead.
This could mean that someone you wouldn’t have chosen will be being left to bring up your children. It can also cause delay at what will already be an upsetting and difficult time. This can all be avoided by appointing guardians in your will.

Getting parental responsibility

Even if you think your estate is small and you have very little to leave in a will, if you have children it is always worth making a will to make sure you get to choose their guardian.
Surely it is clear to see if you’re a parent the most important thing you can do for your children is to make sure they’re cared for by the people you would choose if anything were to happen to you. With an Affio will we’ll take you through all the important factors you need to consider for your children, giving you tips and advice along the way. We’ve made it all so easy that not having a will in place shouldn’t be an option.

Related Articles:

What is a guardian?
How do I appoint a guardian to take care of my children if they are under 18 when I die?
Who should be appointed as a guardian?

Having a Will can make sorting out your affairs much clearer and easier for your friends and family at what will already be a difficult time for them.

It is only by having a Will that you have a say in the things that matter to you. These can include:

• Who your estate will be left to – especially important if you’re not married to your partner.
• Any specific wishes or funeral arrangements to be carried out.
• Minimising the amount of inheritance tax to be paid.
• If you have children, who their guardians will be.
• Who you want your executors to be.

If you don’t have a Will

Without a Will, dealing with your estate can be complicated, long-winded and could mean that key people get excluded from benefiting. It could also result in the guardianship of your children being decided through the family courts which can be distressing and take weeks, if not months. If you’re a parent the most important thing you can do for your children is to make sure they’re cared for by the people you would choose if anything were to happen to you and with a Will you can do just that.

If you die without having a legally valid will in place, the government will dictate how your money, property and possessions are allocated using a set of rules (intestacy rules), which don’t always reflect modern family arrangements. This can not only mean your estate not being distributed as you would have wanted, but also unmarried partners not being included at all.

By writing your Will with us we’ll make sure all of the key points are considered and you have a Will which is not only legally valid, but is also tailored to suit your own specific needs and those of your family – after all that’s what it’s all about.

We’ve made everything so easy for you with step by step help, online tools and a service which allows you to go at your own pace and on your own terms. In short – there are no more excuses for putting it off any longer!