GBF WILLS

13/07/2023

Please find attached a flow chart which will make it clear where your estate MAY go if you are married/unmarried without a Will when passing. Any questions, please do not hesitate to give me a call.

We always recommend you make a Will.

12/07/2023

Part 2,

Did you know!

From July 26th (2023), the government has confirmed an increase to the Statutory Legacy on intestacy, from £270,000 to £322,000 (fixed net sum). When someone who has children passes away without a Will (otherwise known as “intestate”), this is the amount that the surviving spouse or civil partner is entitled to first, before the remainder of the estate is shared between the partner and the children.
This development brings positive news for individuals struggling with the cost-of-living crisis and the impact of rising inflation – however, dealing with intestacy can take months, or even years, and may mean that your estate isn’t inherited by the people you intended. So, it’s always better to plan ahead by making a Will, to give you peace of mind, and protect your loved ones from future stress and worry.

12/07/2023

Reasons to Make a Will
A Will is an essential legal document that allows you to outline how you wish to distribute your estate and assets when you pass away. Failing to make a Will results in the application of intestacy laws (mentioned above); even with the expected increase in the Statutory Legacy sum, it can be a lengthy, costly process – potentially also leading to your wishes being disregarded.
Outlined below are the key reasons why you should prioritise writing your Will:
• Control what happens when you pass away, including who will benefit and what they will receive, to avoid intestacy rules. You can even add in information about funeral plans.
• Provide for your children financially; for example, you may wish to set up a trust so you can control when your children receive the money and how they use it.
• Protect the family home, to give whoever you choose the right to live in property in your name, or to pass on ownership to them.
• Avoid paying unnecessary tax; with a Will, you can reduce the Inheritance Tax liabilities on your property and assets.
• Safeguard your partner, as unmarried partners aren’t entitled to anything from your estate unless specifically stated in your Will.
• Name children’s guardians, in case you pass away when your children are under 18 – it also makes sure that the right people will raise your children.
• Make gifts and donate, as without these being written into your Will, strict intestacy rules apply and are based on family connections only.
• Reduce future disputes, as your wishes are legally written, this reduces the chance of disputes.
• Choose who will settle your affairs; in your Will, you can name an executor to conduct your final wishes, and if you have a business, who will take over.
• Care for your pets, by making provisions for your pets in your Will.
• Define medical treatment; if you are too ill to communicate, your Will can include final wishes regarding medical treatment.
Can I Change My Will, and When Should I Review It?
Even if you’ve already written your Will, you have the flexibility to modify it at any time – usually in response to any changes in life circumstances. These could include the birth or loss of a loved one or the undergoing of a divorce.
The below should also trigger the writing of a Will if you haven’t already done so:
• Buying a first home, or moving home
• Marriage, remarriage, or divorce
• Having children
• Changes in finances, e.g., an inheritance
• Starting up a business

07/07/2023

Lets focus on transgender and non-binary people as these are the two types of gender identities that can cause drafting confusion. In some cases this may cause offence, and if care isn’t taken the testator’s wishes might not be fully met.

A person who is non-binary identifies as neither male nor female. Non-binary is not legally recognised in the UK as a gender identity despite a large petition asking for the extension of the Gender Recognition Act 2004 to include them. When drafting wills, it is common to refer to the testator, their executors, and their beneficiaries by their title (Mr, Mrs, etc.). When drafting for a non-binary testator or including a non-binary beneficiary consider omitting their title in order to be respectful to their gender identity.

Alternatively, the title “Mx” is now widely accepted as a gender-neutral honorific. Many councils and institutions in the UK accept the use of this title, among them HMRC, the DVLA, and most major banks. The House of Commons also accepts the use of Mx by MPs.

Since The Gender Recognition Act 2004 was introduced individuals have been able to apply for a gender recognition certificate which recognises their change of gender for legal purposes. This means that a person who has obtained a gender recognition certificate (GRC) is treated as their acquired gender. I will use the term ‘acquired gender’ here as this is the term used in the GRA 2004.

Drafting complications can arise where a person mentioned in the will is living as their acquired gender but has not obtained a GRC. The will needs to be sufficiently clear in who it refers to. If they are going by an alternative name but have not legally changed their name then the will would need to refer to them by their current legal name at least once. It is fine to then refer to them by their chosen name thereafter.

Similarly, gender-neutral expressions such as “my child” could be used rather than “my son” or “my daughter”. This avoids any offence caused in referring to a transgender beneficiary by the gender they are legally recognised as at the time of writing the will, rather than the gender they identify as. Attention should also be paid to pronouns. For a non-binary or transgender person with no GRC it may be best to refer to them only by name and avoid gendered pronouns completely, although this can make drafting clauses more cumbersome. Controversial with some linguists, but the adoption of ‘they/them’ as a singular pronoun is on the rise as a means of referring to an individual without revealing their gender. It is also seeing some use as an alternative to ‘generic he’.

If a transgender person has acquired a GRC then these drafting issues are avoided as they are legally recognised as their acquired gender.

The GRA 2004 applies to wills made on or after 4 April 2005. The GRA 2004 does not affect a gift made under a will prior to 4 April 2005. It follows then that should a will executed after 4 April 2005 make a gift to a class of beneficiaries such as “my sons” that a child of the testator who was born as his daughter but acquires a GRC and becomes legally recognised as male will benefit under that description and will take an equal share to the testator’s other sons. Had the will been executed prior to 4 April 2005 he would not have been added to the class and would not have benefitted.

The GRA 2004 provides some protection to beneficiaries who have changed gender since a will was made. It also provides some protection for personal representatives.

Under section 17 the personal representatives are under no duty to enquire as to whether a beneficiary has acquired a GRC. If this affects the distribution of the estate and as a result a transgender beneficiary does not receive the assets they are entitled to they have no claim against the PRs personally for misadministration. The beneficiary can however trace the assets.

Under section 18 the court also have powers to vary the distribution of the estate where expectations are defeated by a beneficiary acquiring a GRC.

Don't be concerned about drafting a will if anything in this article relates to you. We do not discriminate against any person.

Give me a call on 01283 819 599

05/07/2023

Who has received their copy of Swad Style? Let me know if you haven’t seen this 🙂

03/07/2023

24/05/2023

**PART TIME VACANCY**
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GBF WILLS

18/05/2023

It is the responsibility of the Executors appointed in a Will to administer the estate, but there is more to the role than many people realise. The moment the Testator (the person who has made the Will or given a legacy) dies, the role of the Executor(s) (person or institution appointed by a Testator to carry out the terms of their Will) begins and there are some very important initial duties:
• Securing the assets – they are now legally responsible for the assets of the Testator and may need to secure the property and belongings e.g. change the locks on the property, switch off utilities etc.
• Insure the assets – they must ensure that the house and contents are insured
• Arrange the funeral – this is an Executor duty, but normally involves the family
• Assess the death estate assets and liabilities
• Calculate whether there is an Inheritance Tax liability, complete the relevant forms, agree with HMRC and arrange to pay HMRC
• Arrange for the Grant of Probate, which gives legal authority to the Executors to deal with the Estate
• Call in assets
• Pay debts and liabilities
• Complete estate accounts
• Distribute the estate according to the Will
Sadly, many family members are appointed as Executors in Wills, but have no idea of the responsibility and often do not know they have been appointed in the Will until the Testator dies. The great news is that where Executors do not feel able to complete the role, we can assist you with the estate administration taking away the burden when many are grieving.

16/05/2023

''The views and opinions expressed are those of the individual and do not necessarily reflect those of APS Legal and Associates LTD, itself.''

16/05/2023

An interesting read, relevant to many of our customer.

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