Whereas people marrying for the first time have fallen from 176 thousand marriages in 2012 to 159 thousand in 2017, remarriages have held firm at a five year average of 37 thousand up to 2017, the most recent figures available, according to the Office for National Statistics (ONS).

As more people cohabitate and blend their families, what do people need to consider when making a Will?

What to consider when writing a Will involving stepchildren

It is important to understand that inheritance laws in England and Wales do not automatically recognise stepchildren in intestacy law. This means that if you die without a valid Will your estate will not necessarily be inherited by your stepchildren.

The only way to ensure your express wishes regarding your estate are considered is to write a valid Will.

English and Welsh law offers ‘testamentary freedom’ which allows the testator the right to leave your property and belongings to whomever you choose. If you fail to write a Will, your estate will automatically pass to your spouse and biological children. By writing a valid Will, you are able to specify who will inherit and how much they will receive.

If you are looking to create complete fairness and equality in the amount biological and stepchildren inherit, a Will is crucial.

A valid Will can also avoid contentious probate issues arising after your death. If you die and your property is passed to your children’s stepparent, animosity or concern may develop, but your Will and estate planning considerations can help to pacify any feelings of concern. After all, if a Will passes the entirety of an estate to a spouse, then your children may be disinherited after your spouse dies.

Adding a Trust in your Will could allow your spouse the freedom of living in the property whilst also providing certainty that your children are provided for in the future.

Asking a professional to draft a valid Will and Trust has never been so important, especially when living through such uncertain times. Rest assured that the services provided by (name business) are efficient, easy and individualised to the unique needs of each testator.

Our specialists are ready to help protect your final wishes, contact us today.

Cornerstone Wills are experts at ensuring you protect your future exactly how you wish. Speak to one our friendly team today, call us on 01276 415835/6/7

Social distancing measures introduced to prevent the spread of Covid-19 have hindered the way legal professionals are able to facilitate the increased demand for Wills.

However, rest assured that Wills are still being written. Legal professionals have just needed to become a little more creative in the ways they take instructions for the Last Will and Testament, such as video calls and how they ask testators and witnesses to sign the Will.

What has changed?

Wherever possible, people should stay at home and avoid meeting others to stop the virus from spreading and overwhelming the NHS.

This has had a huge impact on the way legal practitioners complete the Wills process where face to face meetings were usual practices.

Under Section 9 of the 1837 Wills Act, a testator must sign their Will in front of two independent witnesses (witnesses who are not beneficiaries nor married (or civil partnered) to a beneficiary of the estate). Whilst this was fairly easy in the past, quarantine advice makes this process almost impossible.

In order for the sector to continue producing Wills, many practitioners have used innovative solutions. Wills have been witnessed in gardens by neighbours, in empty car parks and even ‘drive-thru’ style Wills signings have taken place.

How can I comply with government advice and make a valid Will?

Testators should ensure that witnesses remain at least two metres from the testator and other witnesses and make sure that separate pens are used to sign the document.

Before this stage, the sector has embraced video technology as a way for the legal practitioner to make sure the testator has the mental capacity to make the Will and to understand whether the Will request is being made without undue influence.

This will also be a key opportunity to use technology to ensure the testator’s final express wishes are considered and documented.

https://cornerstonewills.co.uk/news/what-happens-if-an-executor-on-a-wills-dies/Whilst the approaches in creating a valid Will are much changed at present, the process remains the same and we remain dedicated in ensuring virus-based restrictions do not prevent such an important document from being written.

Where there’s a will, there’s a way.

Here at Cornerstone Wills we are helping our clients draft legally compliant wills during this time. Speak to our experts today, call us on 01276 415835/6/7

Many do not wish to think or plan for their death, especially during the excitement of a new marriage or the depths of divorce, however it is important at these times to ensure a will is up to date.

When a person gets married, a previous will (unless it has been drawn up in contemplation of marriage) will automatically be revoked and is no longer valid. This means that unless a new one is drawn up, if the unfortunate should happen, a person’s assets will be left to the laws of intestacy.

The rules of intestacy mean that the property (the person’s estate) is shared out according to certain rules, where a spouse, civil partner or close relatives are the first to inherit what remains in the estate.

If a person wishes to leave all their belongings and estate to their new spouse this is not as much of a worry, the troubles come if a person wishes to leave the estate to children, other family members or friends or even charity.

If a couple are still married at the time of death, the surviving spouse may inherit the majority of the estate even if they were officially separated at the time of death.  Under the rules the surviving spouse will inherit all personal property and belongings, the first £270,000 of the estate and then half of the remaining estate.  This could see children see nothing by way of an inheritance.

If a person dies after the death of their spouse, any will made prior to the marriage will have been made and remains invalid and their estate again will be left to the rules of intestacy.  This could see the estate going to the nearest living relatives, something the deceased may not have wanted.

The effect of divorce on a will is slightly different, however.  Instead of a will becoming invalid, and falling to the rules of intestacy, it is treated as though the spouse had died on the date the divorce was issued, or dissolution in the case of civil partnerships.

This can cause trouble if a significant portion of an estate had been left to a spouse, as instead the gift will return back to the residue of the estate, going to any residuary beneficiaries.  

This could cause issues for example where specific amounts had been left to children, relatives or friends after any amount that had been intended for a spouse.  Those who had specific amounts will receive them (provided there is enough in the estate), however the amount designated to a spouse and any remaining amount will go to the beneficiary who it was intended to only have what remained.  This may be a distant relative or charity who then inherits a significant amount more.

A divorce also has an effect on a will if a spouse was appointed as an executor or trustee, as they will again be treated as if they had died upon divorce.  This could cause problems should they have been named as a trustee for a trust to benefit shared children, as the trust will fail.

In the event of a marriage or divorce it is important that a will be reviewed, and any changes made to ensure that your wishes are complied with.  It is recommended that a regulated solicitor draw up your will safeguarding your wishes and any special provisions you may like to make.  If your finances or circumstances are difficult a solicitor will be able to navigate you through the various options, meaning less mistakes are made that could potentially make the will invalid.

Cornerstone Wills are here to help with drafting and updating your Wills. Speak to our experts today, call us on 01276 415835/6/7.

This person is known as your Executor and they will be responsible for collecting in and valuing your assets, calculating and paying any tax liabilities, selling or transferring your assets, preparing estate accounts and distributing your estate to your chosen beneficiaries.

The job can be time-consuming and lengthy and it is important to choose your Executor carefully, to ensure you select someone who is willing and able to act on your behalf. If you do not have anyone who you feel would be able to do the job, you can appoint a professional Executor such as a solicitor to carry out the role.

It can happen that your chosen Executor dies before your estate is wound-up, either before or after they start work on the administration. We take a look at what happens in each situation.

Executor dies before Probate is applied for

If your chosen Executor dies during your lifetime, you should update your Will as soon as possible to appoint a new Executor. You can appoint more than one if you wish, to enable a surviving Executor to administer your estate on their own. 

If your Executor dies after you but before Probate has been granted, any surviving Executors can make the application. If a sole Executor dies, then a set of rules known as The Non-Contentious Probate Rules 1987 (the Rules) will determine who is able to deal with the administration. 

A residuary beneficiary is usually appointed. If the residuary beneficiary was the Executor who died, then their personal representatives can apply to the court to take over the administration of the estate. 

Executor dies after Probate has been granted 

If an Executor is partway through an estate administration and has obtained Probate before their death, then the Executors of their estate can wind-up both your estate and your Executor’s estate. This is called a chain of representation.  

Where the deceased Executor did not themselves leave a Will however, there is no chain and someone else will need to make an application to the court to take over the estate administration. This person will be chosen in accordance with Rule 20 of the Rules. 

The rule sets out in order who is entitled to make an application and it is often the case that it will fall to a residuary beneficiary.  

Finding and appointing the right person can be complicated, and it is advisable to seek legal advice to ensure that the correct individual makes the application, particularly as there can be a personal liability on the part of an Executor for any errors made in the administration. 

Cornerstone Wills are here to help with drafting and updating your Wills. Speak to our experts today, call us on 01276 415835/6/7.

Those who are due to receive funds may be keen to find out how long they will have to wait. Estate administration can be a lengthy and complicated business and it is a good idea if the Executor or Administrator makes the beneficiaries aware early on that they may have to wait a considerable time for their money. 

The Executor’s job 

The Executor (or Administrator, if there was no Will) has to collect in the deceased’s assets and value them.  

Debts need to be paid and any tax liabilities, to include Inheritance Tax, must be calculated and paid. There is usually the need to obtain a Grant of Probate or Letters of Administration from the Probate Registry. This gives official authority to deal with the deceased’s affairs on their behalf. 

If there is property owned by the estate, this will need to be cleared and sold, which often takes many months. In some cases, for example, if a sale falls through and new buyers have to be found, it can take much longer than anticipated.  

In respect of other assets, the right paperwork will be required by the asset holders, such as banks and share registrars, before funds will be released. If any of this documentation is missing or incomplete, this can also slow down the administration process.  

Once all debts have been paid and assets collected in, the Executor or Administrator will need to prepare detailed estate accounts. 

There can be personal liability for mistakes made in the administration and accounting process, so it is important that this is done competently and accurately. It is possible to appoint a professional to deal with the administration if you do not have anyone able or willing to take on the role. Alternatively, if you have been appointed as an Executor or Administrator, you can ask a solicitor to deal with the majority of the paperwork on your behalf, leaving you to sign off on the documentation. 

Which bequests are given priority? 

When the Executor or Administrator is ready to distribute the estate to the beneficiaries, there is a strict order in which payments must be made. 

Pecuniary legacies are paid first, ie. specified sums of money left to beneficiaries. Residuary legacies are paid after all other legacies. They constitute whatever portion of the estate that is left. In some cases, this can be much less than the deceased may have anticipated, for example, if large sums were paid out in care home fees. It could even be the case that there is no residuary estate. If the Executor or Administrator realises this early on, it is a good idea to warn the residuary beneficiaries of the situation as soon as possible. 

Our experts are here to help… contact Cornerstone Wills today to discuss your circumstances on 01276 415835/6/7.

If a loved one has died and you believe they may have left a Will, it is important to make every effort to locate it. This is the document which will name the people they wish to deal with the administration of their estate and act as trustees if required. It will also list those to whom the estate has been left and may even include the deceased’s funeral wishes.

Finding a Will after death

The most obvious place to look is the deceased’s home. Even if the original Will isn’t there, there may be a copy together with information about where the original is being stored.

Go through any paperwork you can find and make a note of any law firm or bank that the deceased has had dealings with.

Write to those organisations and ask if they have the Will. If they do, and you have been named as an Executor, then you have the right to collect the Will. You would need to provide a copy of the death certificate together with proof of your identification.

If the Will cannot be located, try asking the London Principle Probate Registry if they are storing it, as they are a Wills storage facility. You can also make enquiries of the National Wills Register, which may have details of the document.

When the Will can’t be located 

If you have found a copy of the signed Will, but not the original, this can be sent to the Probate Registry with an application for a Grant of Probate. You will also need to send a sworn document stating that the original cannot be found and giving details of the attempts made to locate it. 

The Registry may wish to hear from any potential beneficiaries who would not inherit under the terms of the copy Will. 

If neither the Will nor a copy can be found, then the Rules of Intestacy will apply and the estate will be distributed to the close family members listed in the Rules. 

How to store a Will so that it can be found 

To avoid complications in estate administration, it is a good idea to ensure that your loved ones know where your Will is stored. If you have the document drafted professionally, your solicitor will also keep their notes of your instructions and discussions with them, which can be useful in the event of any future disagreement over inheritance. 

You should also keep details of your Will’s whereabouts stored with your important papers so that anyone searching for the document will easily be able to locate it. 

If you would like to speak with one of our experts here at Cornerstone Wills, contact us today on 01276 415835/6/7.

If you want someone to benefit from your money, property or other assets after your death, but you do not want them to have control or ownership themselves, then a Trustee can be put in place to look after the funds on behalf of the beneficiary of the Trust.

When to appoint a trustee

If you have children who are under the age at which you want them to inherit your money, then a Trust can be set up so that they can be provided for as necessary, without having direct access to the money themselves. 

You can choose the age at which you would like them to inherit, for example, 18 or 25. Until that time, your Trustee would administer the Trust Fund, investing the money and authorising payments, for example, for education or living costs. 

Property can also be put into a Trust. This is a useful way of allowing a spouse or partner to live in your home after your death, without leaving the property to them. By giving them a life interest, they are able to stay there as long as they want or need, but after their death, the property will pass to whoever you leave it to in your Will, often your children. 

This can ensure that the value of your home passes to your children or other chosen beneficiaries rather than to someone of your spouse’s choosing. It can also prevent the property from being sold to pay for your spouse’s care home costs. 

The role of Trustee 

Once the Executor appointed under the terms of the Will is able to distribute the estate, the assets or property will be transferred to the Trustee to be held in trust for the beneficiaries.  

The terms of the trust will be set out in the Will so that the Trustee knows what is expected of them and what the wishes of the deceased were. 

More than one Trustee can be appointed to act and it is usual to choose at least two. This is a legal requirement where a trust contains property and it also reduces the likelihood of there being no Trustee, should one of them die before you. 

Trustees are required to act with honesty, integrity and good faith towards the beneficiaries and conduct all dealings with reasonable care and skill.  

It is a good idea to talk your intentions through with them and make sure that they are willing and able to take on the role. Professional Trustees, such as experienced trust solicitors, can be appointed if you do not have anyone suitable to ask.  

It is always a good idea to take legal advice before setting up a Trust as it can have long-lasting implications for your estate and your beneficiaries. 

Speak to our Wills & Estate Planning experts. Contact Cornerstone Wills today on 01276 415835/6/7.

If you live in a home which you own jointly with someone else, it is important to understand the type of ownership you have. This is because it will determine what happens to the property after the death of one owner.

The two types of property ownership

If a property is owned as tenants in common, then each owner has a specified share of the property. For example, a couple may choose to have 50 per cent each, or if one has contributed more to the purchase price they can agree on different shares.

When a tenant in common dies, their share of the property passes in accordance with the terms of their Will or, if they did not have a Will, then under the Rules of Intestacy to specified close family members. This means that the person living in the property will not necessarily inherit it and they may have to leave so that it can be sold.

The second type of property ownership is a joint tenancy. No share is specified and the property is deemed to belong to the owners jointly. When one of them dies, the remaining owner automatically owns the whole of the property.

This is the case, even if the deceased left a Will leaving all of their assets to someone else, because a joint tenancy interest in a property passes by the Right of Survivorship and not via a Will.

The Land Registry will need to see a certified copy of the Death Certificate to amend the Register after the death of a joint tenant, however they will not ask for a Grant of Probate, although this may still be needed for other assets that the deceased may have held. If the property is solely owned or owned by tenants in common, the Land Registry will require a Grant of Probate before they amend the Land Register.

How is my property owned?

To find out how a jointly owned property is held, you need to check the Land Registry title. The property is owned as tenants in common if the section marked ‘B: Proprietorship Register’ contains this or similar wording: ‘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.’ If there is no restriction then ownership is as joint tenants.

Estate planning

In some cases it is advantageous to your estate for your property to be owned by way of a tenancy in common. It is still possible for someone to stay in the property after the death of the other owner by leaving them a life interest in it. Planning for the future can be a complex area and it is advisable to seek legal advice to ensure that your loved ones are provided for as you would wish.

If you would like to speak to a Wills and estate planning expert, ring us on 01276 415835/6/7.

In some cases, where an estate is small, a Grant of Probate is not needed. It is part of the job of the Executor to work out whether Probate is required. If it is, the Executor will need to apply to the Probate Registry by sending the original Will together with the forms and fee they require.

Applying for a Grant of Probate

One of the first jobs of the Executor is to value the estate and work out whether Probate is needed and whether any Inheritance Tax (IHT) is payable.

If a Grant of Probate is required, then the Probate Registry will also need an IHT form, even if IHT is not payable. 

They will file the original Will and once Probate has been granted, anyone can make an application to the Probate Registry for a copy.

Keeping information private

When having your Will drawn up, you should be aware that, one day, it will be available to view by anyone. You should, therefore, keep any sensitive or potentially inflammatory information out of the document if possible.

Any old Wills that have been superseded will not be filed and so may not be viewed.

If you want to pass on information to certain parties without making it public, you can leave a document called a Letter of Wishes alongside your Will.

You can use this to express your preference for funeral arrangements, set out a list of who to tell about your death, give guidance to your children’s guardians if you have appointed any and to set out instructions that you would like your trustees to follow.

You can also include information which might be sensitive, such as your reasons for including or excluding someone from your Will.

A Letter of Wishes is not a legally binding document but it can be a useful way of communicating your thoughts to your loved ones. It should be signed by you and dated but not witnessed, to avoid any confusion about it being a codicil to your Will or even a new Will. It can be stored with your Will.

It is important that the Letter of Wishes does not contradict anything written in your Will. If in doubt, you should seek legal advice when drawing it up and ensure that it accords with the contents of your Will.

The person to whom a Letter of Wishes is addressed is not obliged to show it to anyone, including the Executor and beneficiaries of the Will.

If you would like to speak to one of our expert Wills and Probate lawyers, ring us on (01276) 415835.

By appointing an Attorney under a Lasting Power of Attorney (LPA), you can have someone you trust to deal with both your financial affairs and your health and welfare, should you become unable to manage them yourself.

If you do not make provision for an Attorney to act on your behalf, then your loved ones may have to make a lengthy and expensive court application in order to appoint one if you lose the ability to deal with your affairs.

You can choose to appoint an Attorney to deal with your health and welfare and in respect of your financial matters, or you can appoint an Attorney for only one of these aspects.

With regard to health and welfare, the Attorney can only act for you once you have lost the capacity to make your own decisions. In respect of a financial affairs LPA, you can choose to implement this while you still have capacity. This means that your Attorney could, for example, help you by going to the bank on your behalf if you find it difficult to go there yourself.

If you do not have a Will in place, and you lose the capacity to make one, your Attorney or anyone else cannot write one on your behalf. The process of putting a Will in place in this situation can be complicated and lengthy. An application would need to be made to the Court of Protection by your Attorney, asking them to put in place a Statutory Will.

Applying for a Statutory Will

The Court of Protection will need to see all the details of your financial situation when an application for a Statutory Will is made. This will include details of exactly what is in your estate, your outgoings, for example, care home fees, and also information regarding your family relationships.

The Official Solicitor will act on your behalf to review the information provided and put in place a Statutory Will that they consider to be fair. Anyone who may have expected to receive an inheritance from you can be involved in the process and will have the right to have their views considered.

Avoiding the need for a Statutory Will

By putting a Will in place while you still have the capacity, you can avoid the difficulties of potentially having a Statutory Will. Having a Will drawn up by a qualified professional means that you can be sure that your loved ones will receive what you wish them to have. You can also discuss estate planning, to ensure that your assets are protected as far as possible from expenses such as Inheritance Tax. You may also want to ensure that loved ones have the benefit of living in any property you own for as long as they need to.

If you would like to speak to one of our expert Will writers, ring us on
01276 415835/6/7.