Remember a charity in your Will week 2014

Did you know that each year around £2bn is raised for charity from gifts left in Wills? That’s nearly 20 times more than they raised during Comic Relief last year!

Much of the fantastic work done by charities can only be done because of the generosity of those who have left them a gift in their Will, like the Alzheimer’s Society who last year received £14m.

Despite the incredible work that is done as a result of those who leave a gift to charity, only 6% of us actually mention a charity in our Will. That is why Remember a Charity are having a Remember a Charity in your Will awareness week from the 8^th – 14^th of September so that even more of us are inspired to make a difference, even when we’re no longer here.

Remember a Charity have made this film The Living Legends to inspire people to do something as generous and as easy as leaving a gift to charity in their Will.

Writing a Will is the perfect way to ensure that your loved ones are provided for once you have passed away, but after you have taken care of them you can also make a huge difference to a cause you feel strongly about. However small or large your gift, it would be greatly appreciated by the charity of your choice.

If you have already made your Will but have not left a gift to charity you do not have to create a new Will to do so. A Codicil is a handwritten amendment that can be made to your Will in which you can add or remove certain gifts. Although there’s plenty of information and guides online in regards to Codicils you may want to seek professional advice to make sure that it is legally sound.

5 ways funerals will change in the future

With recent advances in technology and the ever-changing societal norms, the way we think about certain aspects of our lives is constantly evolving... and funerals are no exception. 

The traditional funeral is becoming less and less common, whether that is because people want to go out with a bang, or simply don't hold the same traditional values of previous generations.

Here are 5 ways that you can expect funerals to change in the near future:

1. Social Life After Death

For those who spend countless hours tweeting, death may no longer be such a large obstacle in the way of your online life.

The solar powered E-Tomb is a conceptual design that has gotten a lot of attention in recent years.

An E-Tomb would not only store all of the information from your social media, such as photos, videos and blogs, but would also allow people to post fond memories and messages.

Although the E-Tomb is merely a concept at this point, this way of digitally recording a person's achievements, memories and personality could become a reality as more and more of us live out our lives in the digital age.

2. Space Burial

Even now, keeping your remains on Earth is no longer your only option.

For a price comparable to the average Earth-bound funeral, Celestis offer a range of services including Earth or Lunar orbit, or even having the remains launched into deep space.

Once somebody has been launched their whereabouts can be tracked in real time by their family members.

Celestis are looking to expand their range of after-life space voyages by equipping their capsules with indefinite propulsion using solar sail technology.

The first burial of this sort was that of Star Trek creator Gene Roddenberry who was launched into Earth's orbit in 1997.

3. Bitcoin-Funded Funerals

With the increasingly popular digital currency Bitcoin being used for more and more services it comes as no surprise that some funeral directors are starting to accept Bitcoin as payment.

Bitcoin was created in 2009, and is designed to be a way for people to make transactions without the involvement of any middle men. This means that, in theory, you can spend with anonymity and without incurring transactions fees.

While Bitcoin may be a long way from replacing everyday currencies, there are a significant number of people who are keen to use it whenever they can.

         4. Digital Memorials

As more and more of use the internet for our social lives, online memorial services are becoming increasingly popular.

There are a huge number of online services available, ranging from memorial pages to fully fledged social media accounts that allow you to leave posthumous messages for your friends and family.

While this may seem bizarre to some, those of us who spend the majority of our lives in the digital era may think completely differently about the way in which we would like to be remembered.

5. Eco-Friendly Funerals

Environmental awareness has been on the rise over recent years, and many people are even considering the effect that their burial will have on the environment.

Given that the traditional funeral isn't exactly environmentally friendly, due to the embalming fluids and use of wooden coffins, some people are opting for greener forms of burial.

Some of the green coffins available include ones made from cardboard, recycled newspaper and even wool.

The importance of discussing your funeral wishes

A funeral is an occasion in which family members can celebrate your lifetime and pay their respects, however many people find this an uncomfortable topic to discuss.

Research conducted by Dying Matters (May 2014) has found that worryingly, just 29% of people have discussed their wishes regarding what they would like to happen once they pass away.

Dying Matters are an organisation who promotes open dialogue surrounding subjects that are often avoided but are very important.

Discussing your funeral preferences with your loved ones will not only make planning your funeral easier, but will give them the peace of mind that your service is carried out in a way that you would appreciate and that has your own personal touches.

Even if you have outlined your funeral preferences in your Will, discussing them with your family members can help make the whole experience feel more personal and fitting to your memory. It also gives them the opportunity to contribute their own ideas and helps them to pay their respects in a way that is both personal to them and yourself.

Taking the time to talk to family members about the financial aspects of planning your funeral can help a great deal. Regardless of whether you have taken out a life insurance policy, a Funeral Plan, or perhaps have savings put aside for the purpose of financing your funeral, making sure your loved ones are aware of these can help ensure that they are prepared when the time comes.

Talking openly about matters such as funerals and passing away can solve a great deal of problems and potentially avoid family arguments when people are feeling emotional. Although at first it seems difficult, comfort and support can be found from those who have gone through similar experiences.

Weird and Wonderful things that you can choose to do with ashes

While most people are either laid to rest in a coffin, buried in an urn, or scattered somewhere memorable, there are plenty of other options for your remains. People are increasingly deciding to have more unconventional funerals or wish to have their ashes used in a different way. Consumer Care can incorporate these wishes in your Will or funeral plan. Here we highlight some of the more unconventional methods people have requested for their ashes to be used after their death:

Use ashes to create a tattoo

These are called memorial tattoos, the method, widely used by many tattoo parlours, combines cremation ashes in the tattoo ink to have it permanently tattooed into the skin. This process works by removing larger pieces leaving you with a fine dust which can be incorporated within the ink and tattooed onto the skin with a normal, sterilised needle. As tattoos have become more popular over time, using ashes has also increased in popularity. If you’re looking for an unusual way to be remembered, this could be it.

Turn them into a Diamond

A diamond ring or pendant is an item of jewellery that people can wear every day, melting your ashes and using them to create a diamond is a great method to choose. This way your loved ones have a reminder of you close to them!

Send the ashes into space

This method has been chosen  by Star Trek creator Gene Roddenberry. This is something that you can now do, by paying a company such as Elysium; your remains can orbit around Earth. This is a costly and very unconventional use for ashes , but if you're an avid Thunderbirds fan or have a great love for Elton John’s song ‘Rocket Man’ this could be the method for you.

Create art with them

Although it may be a self indulgent and a little creepy to have your ashes made into a portrait of yourself to be displayed in someone’s house, this can be a possibility for your ashes. Although a self portrait may be a bit much, you can choose to have your ashes used to create any image, something that incorporates a favourite holiday destination or perhaps a lovely beach.

Press ashes into your favourite record

If you live and breathe music, is there a better way  to be remembered than to actually become part of your favourite album? You are now able to be pressed into any record you want, including your own original album. Some companies will even write a song for you and incorporate your ashes into the design work on the front cover too.

Although, these are more unusual methods to use when considering what to do with your ashes, they are becoming ever more popular as people are looking for more unconventional ways to be remembered. If you want to ensure that your pre

cised wishes (no matter how out of the ordinary) are carried out after you pass away, ensure you purchase a Will or a pre-paid funeral plan.

Unusual state Memorials and Monuments

To honour great presidents, the United States has many impressive national memorials and monuments. For every such famous memorial, there are possibly 100 others in the US honouring bizarre incidents and obscure individuals. Their size and/or design relative to their surroundings or legacy make them stand out. Here are 6 unusual monuments and memorials in the United States.

The Gateway Arch

Standing 630 feet tall, the Gateway Arch is the tallest man-made monument in the US and was completed in 1967 to commemorate America’s expansion to the west. Situated in St Louis, it is strikingly different, both in size and design from other monuments, but it is also world famous, and has become such an accepted part of the American landscape that it no longer seems that unusual.

Jefferson Davis Monument

Built between 1917 and 1924 for an estimated $200,000 the Jefferson Davis monument is located in Fairview, Kentucky. The South boasts numerous memorials and monuments to former Confederate States of America President Jefferson Davis yet none quite match up to the surreal qualities of this monument. Patterned after the Washington Monument, the memorial towers at 351 feet above the rural countryside, and if you get to the top you can see a view of miles and miles of rural countryside.

Carhenge

It is hard to classify Carhenge as it is so bizarre; however the most suiting is to call it a monument. As you can guess by the name, it is patterned after Stonehenge, a pre-historic monument in England. However, instead of using stones, Carhenge consists of 38 stacked cars covered in grey spray paint. Since construction on the monument began in 1987, Carhenge has drawn tens of thousands of visitors and has been featured in movies and other popular culture, despite its somewhat remote location in Alliance, Nebraska.

San Jacinto Monument 

This monument was built in the 1930’s and stands at a height of 567 feet, making it the tallest monumental column in the world. The monument in La Porte, Texas, near Houston, is a popular tourist attraction as part of the San Jacinto Battleground State Historic Site, where the decisive battle in Texas’ war of independence from Mexico took place.

U.S.S South Dakota

The coasts and harbours of America feature a number of old aircraft carriers, battleships and submarines that now serve as floating memorials to their military veterans. Although Sioux Falls in South Dakota is more than 1,200 miles away from the nearest ocean port, they still have a memorial which served great distinction in the Pacific in World War II. City leaders commissioned a memorial to the ship at a city park. A concrete outline for the ship was made and a propeller, anchor and ships bell were sent by the Navy to create a truly surreal memorial.

Keeper of the Plains

This monument was unveiled in 1974 in Wichita, Kansas to help celebrate the United States bicentennial and to honour Native Americans. The Keeper of the Plains is a leading tourist attraction and popular gathering spot for locals; however it is widely unknown outside of the city. Standing at 44 feet high, a top a 30-foot rock pedestal it is worth a visit during the day, but it is particularly awe-inspiring every night just after sunset, when torches around its base are lit for 15 minutes. 

Strange and Bizarre Gravestones

                We all know about the traditional style gravestones that many of us choose for our loved ones. However, some people have opted for a more unusual style gravestone for their dearly departed; we have compiled a list of the top 5 most bizarre and unusual.

The Mercedes Grave

Owning a 1982 Mercedes Benz 240 Diesel Limousine was always a dream in life for one young boy in New Jersey, who sadly had his life cut short at the age of 15. His wealthy bug brother commissioned a 26-ton granite full size sculpture for his memorial, which is a very touching and unique way to remember the boy.

The Davis Memorial

This monument is for a lady in Kansas and was built by her grief stricken widower in 1930. After she dies he spent every penny he had on her memorial, erecting life like statues and having overstuffed chairs flown in from Italy. The memorial that he created has now brought a lot of money in for the city, as he unknowingly built a tourist attraction.

Cemetery Home

In Brooklyn, one man created a home around the casket of his wife. He added an empty casket for himself in the future, so he would be able to lie next to his wife. He also added furniture, a wood stove, paintings and decoration. Upon the passing of the man, 7,000 people stopped by to view the remarkable gravestone.

The Wheelchair Monument

This unique and touching monument shows a young boy jumping upward and out of his wheelchair. As he was confined to the chair for most of his young life, the monument now represents that he is free from earthly burdens.

An Actors Grave

There is a very unique gravestone of a musician and actor who died in 1990 and was buried in the Pere Lachaise, in Paris, France. He wished to gaze                                               at the face of his wife for eternity.

There are many more unusual and unique ways you can create a gravestone for your loved ones, which provide a more personal touch for your loved ones and may even become a tourist attraction. 

A cremation Urn doesn’t have to be plainly designed and ordinary...

As the name suggests, a cremation urn is a container that is meant to hold the cremated remains of the deceased. There are many different standard forms of urn, such as ceramic, granite, glass or biodegradable. However, with custom companies creating unique urns, it is becoming more common to add a personal touch to this keepsake item.

These urns are hardly anything close to the traditional urns that people usually purchase. Here is a list of some of the most unusual but individual urns, which could even possibly help you if you are looking for a bold, out of the box idea for memorialising your loved ones.

• A Ghost Urn.

A ghost shaped Urn can be a nice eternal resting place for those who had a sense of humour. They are time capsule inspired and have a modular design. They look good as white porcelain, but can also be made out of silver, gold and bronze.

• Martini Glass Urn

A martini glass is just one example of urns shaped into beverages, from a beer to a martini  glass, some of which, titled ‘companion glasses’ are big enough to store the remains of a loving couple. They tend to be made from glass or maple and are painted in the style of the drink.

• Huggabe Urns

Cremation urns generally create a feeling of uneasiness, especially with younger children. Turning these into huggable shapes, a teddy for example, can be much more accepting. The bears and teddies can also be personalised with accessories belonging to your loved ones such as a blanket or an item of clothing.

Star Trek Cremation Urn

An incredible way to memorialise a true Star Trek fan, would be to use a 23^rd Century stainless steel and wood design which features the Trademark Starfleet Delta Insignia detail, and shall serve as a family heirloom for generations.

• An Hourglass Keepsake Urn

An interesting twist on a standard urn would be an Hourglass Keepsake Urn. With this, you would fill it with cremated ashes as opposed to sand, creating a lovely symbol of the passage of time in every person’s life. If you and a loved one would like to share an hourglass, your ashes can be mixed into a single urn.

• Severed Head Urn.

Possibly the most bizarre Urn would be that of a severed head. The head can either be a likeness of the person deceased, a favourite star or anyone else for that matter. The head is created using an image of the desired person along with 3D imaging techniques. The head is then mounted onto a marble base. With this you can either have a full size Urn for storing the remains of an adult or a keepsake Urn, which tends to be smaller.

5 Ways to Reduce Inheritance Tax

A recent study has found that the UK and Ireland have the highest inheritance tax rates in the developed world.

In the UK if you're estate exceeds the threshold £325,000 then 40% inheritance tax will be charged on anything above that value. Meaning an £1.8m estate would see 32.9% taken away for tax, compared to the European average of 14% this is considerably higher.

Rising house prices mean more and more people will be liable to pay inheritance tax over the coming years.

However there are some ways to significantly reduce the level of inheritance tax your estate is liable for.


1. A gift to your partner
As long as you are both permanent UK residents, then you can make tax-free gifts to your spouse or civil partner. When you pass away anything you give to them will not be counted as part of your estate.


2. Give to family and friends
If you give something to a friend or family member, the value of the gift will only be liable for inheritance tax for seven years. For example, if you give a family member a sum of money and live for another seven years then inheritance tax will not have to be paid on the value of the gift.


3. Invest in a trust
If you invest cash or property into a trust which neither you, your spouse or children under 18 benefit from then they are no considered to be part of your estate therefore no longer liable for inheritance tax. For example, you set up a trust to pay for your grandchild's education the value will not be eligible for inheritance tax.


4. Give something to charity
Inheritance tax will not be charged on anything you leave to charity, so you can reduce your inheritance tax bill and donate to a good cause at the same time. Also if at least 10% of your estate is left to charity, only 36% of your estate over £325,000 is liable for inheritance tax rather than 40%.


5. Life insurance
Although taking out life insurance will not reduce the amount of inheritance tax your estate is liable for, the payout may make paying the bill much more manageable for your family members. For example, having this extra cash available when you pass away could save your family from being forced to sell the family home to afford the tax on your estate.



Many of these ways to cut inheritance tax can not be achieved without a Will. Therefore it is important that you have one in place to ensure you can provide as much as possible for your friends and family should you pass away. If you have not made a Will, ConsumerCare can help you by providing a professional Will at a fraction of the price that the average solicitor would charge.

Unusual gifts and requests in Wills Part 1

Our Last Will and Testament is usually a document which we use to distribute our possessions to loved ones and ensure that our families are taken care of when we pass away. However,  listed below are a few people who have used their Will to make more unusual requests:

Harry Houdini

Born in 1874, Harry Houdini is still considered to be one of the greatest escape artists of all time. After his death in 1926, his possessions were distributed between his family and friends according to his Will.
His vast libraries of books on magic were offered to the American Society for Physical Research on the condition that J. Malcolm Bird, the research officer of the facility would resign. This wish was not fulfilled, and therefore the books were instead gifted to the Library of Congress.

His most unusual gift was ‘ten words chosen at random’ which he would use as a secret code from the dead...to contact his wife. For ten years after his death, his wife continued to hold annual séances on Halloween, however to no avail.

Marie Curie

Marie Curie, one of the most famous pioneers of radioactivity, died from her work in 1934.  At her point of death, her only asset of value was a gram of pure radium gifted to her previously, which she decided to give to her daughter. Her Will stated, "The value of the element being too great to transfer to a personal heritage, I desire to will the gram of radium to the University of Paris on the condition that my daughter, Irene Curie, shall have entire liberty to use this gram . . . according to the conditions under which her scientific researches shall be pursued."

John Bowman

John Bowman had a strong belief that after his death, he along with his dead wife and two daughters would be reincarnated together. When he died in 1891, a $50,000 trust fund was set up for the maintenance of his mansion in Vermont.  The maintenance also required the servants to prepare a meal every evening, in case the reincarnated family were hungry when they returned from the dead. This tradition was carried out until 1950, when the money ran out.

What is the cost of dying in the UK?

What is the cost of dying in the UK?

Only one thing can be guaranteed in life... death. But what is the cost of dying in the UK? This article explains the cost of dying in the UK and how you can help reduce the burden on loved ones by preparing for the inevitable.

According to recent research, funeral costs in the UK are continuing to rise at a higher rate than inflation. The study by AXA shows that the average UK funeral now costs £3,284 - an average annual increase of 7% every year since 2004.

Whilst people are continuing to live longer, many are failing to make the necessary provisions to prepare for when they die. Many families have found that the flagging economy has forced them to tighten their monthly expenditure over the last few years, especially as higher inflation rates have squeezed budgets even further by increasing the cost of household items.  

This was echoed in the AXA study, as they found that 17% of the population currently struggles to afford a funeral, with an average shortfall of £1,246 on the cost of their funeral - further illustrating how important it is to plan forward and take control of your affairs even after death.

There are many different ways you can make provision for a funeral, the most popular being: personal savings, over 50’s plan, life insurance or a pre-paid funeral plan from a funeral provider.

Another way to prepare for the inevitable is writing a Will. A Will is sometimes perceived as something that the rich have to avoid overpaying on their Inheritance Tax, however, that is only a small part of why you should make a Will. A Will is initially put in place to ensure that your Estate is distributed to those who you wish, as well as ensuring that anyone under 18 you are responsible for have the security of a legal guardian should the worst happen.

Although it isn’t something you may want to think about, planning for the future is one of the most important things you can do and can be the best gift you could make to loved ones. Alongside being able to reduce Inheritance Tax (so your loved ones do not have to pay thousands in unexpected tax bills), you can also ensure that those you care about receive something. There are currently no provisions for friends, unmarried partners, associations (church, charities etc) and pets if you were to die without a Will.

By making a Will you can also appoint legal guardians for your children, so you choose who will look after them if you were to die before they turned 18. Without a Will, the law decides who benefits from your estate and who would be legally responsible for your children – which may not be who you would ideally choose.

Planning for the future is relatively straight-forward and once your arrangements are complete they only need to be reviewed every few years to make sure that they accommodate for any changes to your circumstances.

The most common New Year's Resolutions in the UK

The first of January is generally the day when we decide to make a change for the better by making a New Years' resolution, such as stoping smoking, losing weight or sorting out finances, but what are the most common New Years' resolutions in the UK?

According to latest studies the most common New Years' resolutions in the UK are predominantly centred around fitness and finances. The study, published on the Daily Mail website, found that 95 per cent of Brits will try to keep some sort of resolution in the New Year.

For most people the New Year is about getting fit and slimming down. Losing weight, getting fit and eating more healthily are the top three most common New Years' resolutions respectively. That may also explain why there are so many adverts for healthy eating plans and diets at the beginning of the year, as people start their fitness kick. It's also why there's more of a queue at the gym for the treadmill, with many people joining the gym in January hoping to trim the excess weight that they may have put on over the festive period.

After that, our attentions turn to issues of a financial matter by way of sorting out finances and saving money/spending less. Intentions to bolster our savings accounts and tackle debts are often dealt a nasty blow when credit card statements, store cards and bank statements are received, and we finally realise just how much we have spent over Christmas and New Year.

Another popular way to sort finances for the longer-term is to make a Will. This remains the only way to ensure that any assets, property, savings or special items are received by loved ones after you pass away Making a Will also ensures that you appoint guardians for your children, so you get to decide who looks after your children. Without a Will the law decides who receives your estate and who looks after your children - which may not be exactly as you would wish.

Once health and wealth have been addressed, the next most popular New Year’s resolution in the UK is getting a new job. Whilst this may help with your health and wealth, in most cases it is to do with overall happiness why people want to change.

Others to make the top ten most common New Year’s resolutions include spending more time with friends and loved ones, along with visiting a new country, getting out of a rut and reading more. The ten most common New Year’s resolutions are:

1.    Lose weight

2.    Get fit

3.    Eat more healthily

4.    Save money/spend less

5.    Get a new job

6.    Spend more time with people who matter

7.    Try new experiences

8.    Get out of a rut

9.    Visit a country you’ve never been to

10.    Read more

Nation of procrastinators put off making a Will

According to latest research, we are a nation of procrastinators, as around 41 million adults in the UK regularly put off doing everyday tasks like completing DIY projects or making a Will.

The study, conducted by OnePoll, highlighted that the majority of people would rather wait for tomorrow, as the people questioned confirmed that they continuously put off carrying out everyday tasks (such as finding cheaper insurances, doing DIY) but that they also delayed completing important duties such as paying bills and making a Will).

This can have serious consequences, as the study also pointed out that these bad habits leave more than one in 10 people (14%) ending up in financial trouble because of their failure to keep on top of their personal admin duties.

These results also support the findings of another recent study, which found that around two-thirds of adults in the UK had yet to make a Will. 62% of those asked in the survey by insurance comparison service Unbiased said that they had yet to make a Will, despite it being an important document for all UK adults to have.

Whilst the consequences of putting off a DIY project or finding a better deal on your home insurance may seem quite trivial, the impact of not making a Will could be much worse.

Nathan Cameron at Will writing specialists Consumer Care, said: “These stats confirm what we see every day, as customers regularly tell us that they haven’t got around to making a Will – yet all of them recognise just how important it is.

 “Making a Will ensures that you decide who receives your estate and who looks after your children, if the worst were to happen. Without a Will, the Courts could determine what happens to your estate or who should be your children’s legal guardian - which might not necessarily be as you would wish.”

Consumer Care is a specialist Will writing service that offers Single Wills and Mirror Wills online. Follow this link for further information on making a Will.

£1m from those who die without wills passes to Prince Charles's estate

Under powers dating back to medieval times, the Duchy is entitled to all unclaimed property and estates left when someone dies in Cornwall, in an arrangement known as bona vacantia.

In the last financial year alone, £552,000 passed to the Duchy under the ancient law, which was put in place when the Duchy was created by Edward III in 1337 for his son and heir, Edward, the Black Prince.

The Prince of Wales does not, however, keep any of the money; instead it is distributed in charitable donations through the Duke of Cornwall’s Benevolent Fund, with a small amount kept in reserve for any future claims on unclaimed estates.

In most of Britain, the estates of people who die without making a will, and who have no obvious heirs, go to the Government.

But because Cornwall is owned by the Prince of Wales, unclaimed estates go to the Duchy, which has been the personal possession of the eldest son of the sovereign since the Charter of Edward III.

Since 2006 a total of £1,019,000 has come to the Duchy under bona vacantia, the Latin for vacant land.

Last year the Duke of Cornwall’s Benevolent Fund received £450,000 as a result of bona vacantia, with a total of £154,000 being held in reserve for any future claims.

A Duchy of Cornwall spokesperson said: "The Prince of Wales decided almost forty years ago that the bona vacantia funds should be given to charity."
The anti-monarchy campaign group Republic said the Prince had "no right" to the funds.

As the Duke of Cornwall, the Prince has several little-known rights and powers, including the right to veto Westminster legislation.

Last year the Prince earned £18.3 million from the Duchy, mainly coming from residential and commercial property rents on the 132,000 acres of land he owns. The Prince’s income in the 2011/12 financial year was £500,000 up on the previous year.

The Prince pays income tax voluntarily, earning the Inland Revenue around £4.5 million last year.

As well as land in Cornwall, the Duchy owns land in 22 other counties, with more than 3,500 lettings, which include 1,000 commercial agreements and 700 residential lettings.

The Oval cricket ground, the Isles of Scilly and much of the foreshore around Cornwall are among the Duchy’s possessions. The Duchy also owns land as far north as Cheshire.

Although the Duke of Cornwall is entitled to the annual income of the Duchy, he is not allowed to sell its assets for personal gain, meaning that all property transactions with a value of £500,000 or more must be approved by the Treasury.

03/10/2012 - Telegraph.co.uk

We hope you may now realise how important making a Will can be, please visit Consumer Care to learn more.

Avoid the payment of care home fees in your Will.

If you read our blogs on a regular basis you will be well aware that 70% of the population die without making a Will.If you don’t then you may find this a shocking fact.

The question is does it register sufficiently for you to make the effort  to  do something about it if you haven’t got a Will.

We have listed all the reasons why people should make a Will several times so we won’t do this again here but make sure you look at our website which will tell you all you want to know.

If people think of Wills and estates the biggest threat they see to preserving what they have when they die for the next generation is inheritance tax.

For married couples with estates worth more than £650000 this does present a problem but they can work out what their potential liability will be and take action by giving value from their estate to their children whilst they are still alive.

However  most estates that go through probate are under £300000 which means thereis no inheritance tax.

So what is all the fuss about?

It’s about the dreaded payment of nursing home fees by people who have sufficient money and other assets to cover the cost of their care and the realisation that although they may have cheated [in the nicest sense of the word ] there has appeared  the  unexpected spectre of huge bills from the local authority just to make your last years comfortable or as least as comfortable as the person in the room next to you who are having their fees paid for by the local council.

However help is at hand.By making a Will in a particular way we are able to preserve your or your spouse or your partner’s interest in your home from the threat of care home fees and instead have your fees paid by the council.

All that is necessary is to leave your house  or your half share of the house in trust for your partner/spouse and the local council won’t be able to bring this into the assessment of your assets to see whether you should make a contribution to your care fees paid by the council.

To completely take the whole of the value of the house out of assessment  the prudent thing to do would be to transfer the whole of  your property into a lifetime trust .

For advice on the above and all matters related to post retirement planning please email us at info@consumer-care.co.uk or ring on 0800 088 4660.

If you would like to know more about our Wills and services, click here

Who can claim from an estate where they have been left nothing in the Will?

A person is up to a point free to dispose of their assets  to who they like if they leave a Will.

The only restriction to this comes from the Inheritance [Provision for Family and  Dependents ]1975 [the Act].

This allows certain categories of people to apply to the Court suggesting that they have not received reasonable financial provision via the Will or intestacy. The question the Court must consider is not whether the deceased has been unreasonable but whether reasonable financial provision has been made and if not what provision would be reasonable in all the circumstances.

Possible applicants under the Act include a spouse, civil partner and children.

Unless  barred by terms of the divorce a former spouse or civil partner[who has not remarried or formed another civil partnership]also has the right to apply under the Act as do dependents and anyone who was being maintained by the deceased.

For deaths after 1 January 1996   cohabitees  who  lived in the same household as the deceased ‘as husband or wife of the deceased ‘during a period of 2 years ending with the death can claim as well.

In assessing a claim under the Act looks at various factors including the financial needs and resources of the applicant and other beneficiaries, the size and nature of the estate any obligations and responsibilities the deceased had towards the applicant or any beneficiary and any other matters that it considers relevant. This wide discretion makes the predicting of applications under the Act  somewhat difficult in practice.

The Act defines reasonable financial provision in relation to a claim by a spouse or civil partner as such provision as would be reasonable in all the circumstances. For all other applicants the test is such provision as it would be reasonable in all the circumstances for the applicant to receive for his maintenance. A spouse is therefore generally in a more favourable position than any other claimant.

Successful claims under the act by adult children capable of earning their own living are not that common but claims by minor children in need of educational costs for example have a much better chance of success.

Maintenance is not limited to the necessities of life but is not so wide as to cover anything that may be viewed as desirable for an applicant’s benefit or welfare. It is regarded generally as payments which directly or indirectly enable the applicant in the future to discharge the cost of his daily living at whatever standard ogf living is appropriate to him.

Paternity tests are quite common as a claimant first has to establish whether they are one of the possible applicants entitled to claim under the Act. At least 20000 paternity tests are carried out each year in Britain, some being sold by companies criticised for cashing in on family crises.

If you do need advice on a potential claim against the estate or you need to defend such a claim then please contact Consumer Care by email: info@consumer-care.co.uk or by telephone on 0800 088 4660 and we will be happy to advise you.

Gifts to children in Wills

A Will takes effect on death and can therefore be revoked at any time while the person making the Will is still alive.

As a result of this the general rule is that if a beneficiary dies before a testator any gift under the Will lapses [fails]. Where the gift is a simple legacy and the person to receive it has died before the testator any gift to him/her lapses.

Where the gift is a simple legacy and the legatee has died before the testator the subject matter of the legacy will fall into residue and increase the value of the residuary estate.

There are important exceptions to this so called ‘doctrine of lapse’ the most important of which is section 33[1] of the Wills Act 1837[the Wills Act] which provides a saving for the issue of the testator.

The statutory saving in the Wills Act has wide reaching implications .Section 33[1] provides that :

A Where a Will contains a gift to a child or remoter descendant of the descendant of the testator and

B the intended beneficiary dies  before the testator leaving  issue and

C issue of the intended beneficiary are living at the testator’s death;

Then unless a contrary intention appears in the Will the gift shall take  effect  as a gift to the issue[which means children or grandchildren and their descendants down through the generations] living at the testator’s death.

For example Tom the testator leaves his estate to his 2 sons in equal shares.

His eldest son Peter dies before Tom leaving 2 children.

Section 33[1] Wills Act operates to ensure that  the 2 grandchildren of Tom take Peter’s  half in equal shares.

Although it’s not possible to exclude the doctrine of lapse under a Will the testator may of course provide for an alternative in the Will so that another beneficiary takes the gift instead. This could be done either by an accrue to the other shares or a gift to another  person.

The effect of an accruer is that the failed gift accrues or is added to another gift that already exists under the Will. An accruer in the widest sense may be implicit in the wording of the gift. Where ,for example, a testator makes a gift to two or more people  and it is clear that the failed share of any who predecease the testator will  increase the share[s] of those who survive there will be an implicit accruer.  

One in five faulty Wills could lead to big inheritance tax bills

One in five Wills contain basic errors according to a recent report from the Legal Services Board which called for Will writing to be regulated to improve standards.

Writing a Will is the first steps to make sure you choose who benefits from your lifetime’s work and to keep inheritance tax [IHT]  to a minimum so it is vital to get it right. By the time you realise there has been a mistake it may be too late to do anything about it.

Although lawyers welcome disputed Wills with open arms because of the fees for sorting things out disputed and faulty Wills are bad news for the families concerned as the lawyer’s time is usually a massive drain on the value of the estate.

Lack of clarity about the testator’s intentions  due to the lack of knowledge of the person taking the instructions can prove difficult to sort out posthumously but the Legal Services Board claims many Will writers are simply ‘not listening’ to their clients.

It’s report states:

‘We found consistent patterns of sloppiness simple errors and poor communication. This often resulted in an unacceptable service for cus consumers were subjected to unfair sales practices’.

Worse still the LSB said it was aware of some ‘examples of fraud and deception’. Its survey of 100 people who wanted a Will found that 20% came back with ‘basic errors’ in their Wills. A handful of the Wills were so bad they ‘could not be executed’.

Currently anyone can help to write a Will. However, under the plans Will writing will become a ‘reserved activity’ for the first time. This will mean that anyone writing a Will have to be registered with one of eight professional bodies.

The Citizens Advice Bureau has warned that increasing numbers of people have been conned by bogus Will writers, some advertising Wills for around £25 in local papers or offering Will writing services door to door. Low cost Wills could prove an expensive mistake given the sums of money  involved in many bequests and most litigation.

But the fundamental problem remains that only a minority of people ever make a Will and most people die intestate. Extending regulation to cover Will writing will do nothing about that-unless of course the authorities decide to make Will writing compulsory like registering a property title at the land registry.

This article just goes to show  the importance in having your Will prepared by a company who cares about its customers and with the ability to match the wishes of a testator with the terms of a Will while at the same time ensuring the Will is tax efficient and free from future challenge.

Consumer Care has a legal team managed by a specialist in the area of Wills estate administration and tax planning the former partner in charge of the Wills Trusts Tax and estates department  of a top ten national solicitors firm where on average on a yearly basis the department produced 35000 Wills .Added to the fact he has just completed 40 years  in the legal profession in this area of the law We can honestly say there is no company better placed to prepare your Will and give you all related advice than Consumer Care .