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Making A Will
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    Making a Will is a serious affair. When the Will comes into effect it will determine what happens to your property on your death, and a badly drawn Will can cause a lot of misery to your loved ones. For this reason it is important that your Will is drafted by a specialist and is kept up to date both with your wishes and the latest legal developments.

    There are lots of good reasons to complete your Will

    1. To ensure that your chosen loved ones inherit your estate;
    2. To ensure that trustworthy people are distributing your estate and following your wishes;
    3. So that money held in trust for children is held by suitable trustees;
    4. To prevent claims against your estate from ex-spouses, or estranged children or other family whom you do not wish to benefit from your estate; and
    5. To ensure that for inheritance tax purposes your Will is structured in the most tax friendly manner.

    Common excuses not to complete your Will

    1. I am far too young to make a Will – this is probably the most common reason, but if you are over 18, you are old enough to make a Will
    2. I am sure that there would not be a problem, they can sort it out themselves – unfortunately, in a high value estate, it is rarely dealt with conflict free
    3. I have nothing to leave – sadly we do often find we are worth more dead than alive and with life assurance policies and work death in service benefits, it is likely you have more to leave than you think. You may also need to consider other non-monetary arrangements, such as guardians to your children after your death
    4. I do not want to tempt fate – there is far greater risk in not having a Will than in having a professionally drafted Will which outlines your intentions and your wishes
    5. It is too complicated – not necessarily, only if your instructions are complicated
    6. It is too expensive – when you consider it will potentially determine where hundreds of thousands of pounds are going on your death and who will look after your children, it should be money well spent. It actually costs less than some visits to the dentists – and is certainly less painful! The truth is that if you do make a Will, you can avoid problems which may arise after your death, and save your family and friends money.

    How Healys Can Help?

    At Healys LLP we understand the natural reluctance you may feel towards making a Will. Our sympathetic solicitors are here to make your life easier and offer straightforward advice to help you through the process.

    There are a lot of misconceptions regarding wills and the law, the most prominent of which is that on death your estate passes directly to your spouse. This is not necessarily true. Additionally, many people think that if they die without a Will (and are unmarried and without children) then their estate would pass only to a parent with whom they have contact and not to one from whom they are estranged.  Again, this is not true.

    We are here to make your life easier and to take the stress out of completing your Will. We want you to leave our offices in the knowledge that your wishes are recorded,  your estate structured efficiently for tax purposes and that you can sleep at night knowing that your affairs are looked after.

    If you need a solicitor to make a Will call us today for free advice on 01273 685 888 / 020 7822 4000 or email

    Call Us Today
    Call our London office on 020 7822 4000 or our Brighton office on 01273 685 888. You can also contact us online.
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    • We acted for Mrs. D who was rushed into hospital and found out that she only had a few days to live. She wanted to ensure her children inherited her estate as opposed to her husband, from whom she was estranged. We attended the hospital and took her instructions and completed her Will that day. Mrs. D sadly died the following day but thankfully, her estate did not pass to her estranged husband and instead her children inherited the estate- £2,000,000 in the first place. With the addition of the new Residence Nil Rate Band which came into force in April this year, Mrs. Q’s estate will no longer be liable to inheritance tax on her death. This saved the family £820,000 in inheritance tax.
    • Mrs O left her property to her son, Mr X. Mr X in turn left it to his wife, Mrs Y, but had failed to transfer the property into his name following the death of his mother. Mrs Y then died and, after some time, her beneficiaries decided to sell the property. However they were not able to do so as they did not have sufficient title to it (the property still being in the name of Mrs O). Healys successfully obtained a “grant de bonis non” in Mr X’s estate, authorising Mrs Y’s beneficiaries to deal with Mr X’s unadministered estate and resealing the break in the chain of title to the property. Mrs Y’s house was then able to be sold and her children received their rightful inheritance.
    • Mrs M died unexpectedly, without a Will, leaving an estate of £2,000,000. Her mother (Mrs Q), who is in her 80’s, inherits the entirety of the estate. Mrs Q also had assets of her own of £700,000 which meant her total estate was now totalling £2,700,000. This meant she now had a large inheritance tax problem on her hands, because on her death her estate would be subject to inheritance tax on anything over her tax-free allowance of £650,000. Mrs Q instructed Healys to advise her. We completed a Deed of Variation to divert the inheritance from Mrs M’s estate, to the effect that it would not be divided between Mrs Q, Mrs Q’s children and her grandchildren. As the Variation was completed within 2 years of Mrs M’s death, HMRC viewed this as if Mrs Q had never inherited the £2,000,000 in the first place. With the addition of the new Residence Nil Rate Band which came into force in April this year, Mrs Q’s estate will no longer be liable to inheritance tax on her death. This saved the family £820,000 in inheritance tax.
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