From Wills to Family Asset Protection, we explain complex legal matters in plain English.
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Most Popular Questions
A Will makes it much easier for your family or friends to sort everything out when you die. Without a Will the process can be more time consuming and stressful. If you don’t write a Will, everything you own will be shared out in a standard way defined by the law , which isn’t always the way you might want A Will can help reduce the amount of Inheritance Tax that might be payable on the value of the property and money you leave behind. Writing a Will is especially important if you have children or other family who depend on you financially, or if you want to leave something to people outside your immediate family.
Probate means the legal process whereby a court (‘the Probate Registry, a part of the High Court, acting by one of its District Probate Registries), approves the legitimacy of a Will and issues a document called a ‘Grant of Probate’ which gives the executors named in the Will the legal authority to deal with the deceased person’s estate. The Executors, then with or without the assistance of solicitors, realise the assets of the estate, pay off its debts, and then distribute the net estate according to the instructions left in the Will. This is the ‘estate administration’.
Assets of the deceased person that pass by what is called ‘survivorship’ which are assets such as real property (ie houses, land or interests in land) or bank accounts owned in a form of joint ownership called ‘beneficial joint tenancy’ with another person, do not pass under the Will so are not part of the estate governed by the Grant of Probate.
Assets are anything a person owns of financial value, such as real and personal property, bank accounts and investments such as National Savings products and stocks and shares . Executors are also responsible for making payments of the debts and finalising the deceased’s tax position If you have been appointed as executor to administer an estate, make sure you fully understand the responsibilities of carrying out the process of estate administration as it can be a very complex task. Smart-will can find multiple fixed fee quotes if you would rather an expert take on the role.
Protecting your inheritance for future generations is commonly referred to as “Bloodline Planning”.
Bloodline Planning is ensuring that your assets reach your children, grandchildren and other relatives, rather than ending up in the wrong hands!
When assets are distributed to beneficiaries “absolutely”, (i.e. they receive cash, property or other assets as a direct lump sum payment) so much can be lost. These assets are then considered to be part of the beneficiary’s estate and would be at risk of attack from any future divorce settlements, creditors and taxation.
The strategic use of Trusts can ensure that your children and grandchildren are able to benefit completely from the inheritance you want them to receive and at the same time, protect the family home and other assets from being lost to the costs of Long Term Care.
Our aim at Smart-Will™ is to take the stress out of writing a Will and enable you to take control of the process, allowing you to easily produce a legally sound Will that accurately reflects your wishes.
Our Will writing app is a modern solution for both creating and managing your Will on an ongoing basis. We recognise that people’s circumstances change over the course of their lives, so we offer free updates for life.
Our online Will writing app means you can easily create your Will on your phone or tablet. We also offer free secure storage so that you can be assured that your Will is in safe hands.
The Smart-Will™ app is easy to use and free of jargon. Your Will can be tailored to suit your exact circumstances, giving you the freedom to appoint the executors of your choice and divide your estate between your chosen beneficiaries as you wish. Leaving gifts of money, gifts of possession (things like your wedding ring or antique vase) or gifts of money to charity, is made easy using the Smart Will App.
We will explain how to choose an executor, why you may want to have a professional executor, how to protect the interests of children under the age of 18 and how you can express any wishes you may have regarding your funeral.
Smart-Will™ is also able to offer assistance with funeral arrangements, to include a scheme to ensure the cost is frozen at today’s prices. We are also able to offer our clients the chance to have their ashes scattered high above the earth, at the edge of space.
The help we offer extends beyond simply helping you create a Will; when you appoint us as professional executors, we will obtain fixed fee probate quotes from local solicitors, to ensure your family and loved ones benefit from the best value services available at no extra cost.