W I L L S & W I S H E S

We all die eventually and we should therefore make the best of life! The timing and manner of our passing on may not be something we can control but we can make choices about many things whilst we are alive and capable. One of the most important choices we should all make is to put our affairs in order and make sure those closest to us know what we want “when the time comes”.

We may have specific wishes concerning our care, particularly in the final weeks and days of life. We may have clear ideas for our funeral and other practical issues concerning our deaths. Very importantly we may have specific comments to pass on about those we leave behind, whether a parent or child or a pet.

There is much information available about “death and dying” and this is not a note intended to delve into that subject. See instead (for example) www.dyingmatters.org.uk

Protecting and providing for those we leave behind is what this document seeks to address. We can all take some control of this aspect of death and dying by making a Will and leaving clear instructions about other practical and personal issues.

If you die without a valid Will you will be “Intestate” and your affairs will be dealt with according to the law. Whilst this might follow what you would have said in a Will, there is no sensible alternative to completing a carefully and professionally drafted Will as dying Intestate may result in those you want to provide for not being entitled to anything from your estate (e.g. an unmarried partner or an un-adopted child) and it may also result in tax being paid where this might have been avoided.

There are many positive and practical reasons why you should make a Will. It will allow you to select those who will manage the administration of your estate as well as those who will look after your minor children. You can decide who will get what and on what terms; this may be crucial where tax and, for example, asset protection are important points. Specific provisions for charitable giving, tax planning, and business assets can also be dealt with through your Will.

There are a number of ways a Will might be made. A DIY kit or online facility might be tried; or a Will-writing company used. These may be appropriate in straight forward circumstances but for a professional approach it is hard to beat using a Solicitor, particularly one who is a member of a specialist group such as The Society of Trust & Estate Practitioners (STEP) or Solicitors for the Elderly (SFE). Sadly errors can occur in all areas and these will often not be discovered until after death so instructing a regulated, insured, trained specialist is the safest approach – use a Solicitor who is also a member of STEP or SFE.

Your Will appoints Executors and if necessary Guardians. These are important roles and your Solicitor will explain them and the options open to you.

A Will may identify specific gifts of cash or belongings and may deal with particular assets or interests. These issues need to be looked at carefully particularly if there are tax, means-tested benefits, land or business matters to be dealt with.

The Will should deal with “everything else” and make sure that what you own ends up where you want it to. It will also cover what should happen in substitute for your main aims in case these fail for some reason. A “disaster” provision may also be appropriate.

A specialist Wills and Tax Solicitor will also be able to advise about the approach to be taken with foreign property or questions of domicile and tax.

Lastly, your Will should contain administrative powers to extend what is provided for by law.

What follows are a number of sections which are designed to help you address the main questions that might arise whilst you are considering your Will and other personal wishes. You may find it helpful to deal with these ahead of any discussions about your Will and wishes with a Solicitor.

What about costs and fees? It may be felt that seeing a Solicitor is an expensive option. Well, often it is not. A simple single Will may cost in the region of £200/£250 and a pair of “simple family” Wills in the region of £300/£350 – all less than 6 months Sky subscription or about the cost of a vacuum cleaner! Considering the importance of the product and how it may well last you a lifetime, this seems to be excellent value for money.

Of course, more complex affairs will usually result in a larger fee but Solicitors will always seek to agree fees in advance and even where a fixed fee cannot be determined, the basis of charging can be settled ahead of you being committed to any expense. Your Solicitor is used to dealing with these issues and is required to be as clear as possible about charges. Your Solicitor will also be familiar with other professionals you use such as your Accountant, Stockbroker or Agent.

HANSELLSApril 2015

FUNERAL WISHES

1. Would you prefer to be buried or cremated?

2. If you prefer burial, where, and do you have a plot reserved?

3. If you prefer cremation, what should be done with your ashes?

4. Who do you want to arrange your funeral?

5. Which Funeral Directors should they use?

6. Have you prepaid for your funeral, if so, where is the paperwork?

7. Do you have a preference for the “style” of funeral, type of coffin, form

of transport, type of service, etc?

8. Do you want to be embalmed so your body may more appropriately be

viewed?

9. Is anything to be placed in the coffin with you?

10. Is jewellery to be removed?

11. What will you be wearing?

12. Are newspaper notices to be placed and, if so, where?

13. What about flowers or donations?

14. What form of Service do you want and which hymns, readings, music,

etc., if any?

15. Do you have wishes about what mourners should wear?

16. Who will read a eulogy? And what are the key points and dates, etc, to

be noted?

17. Do you want a headstone or other memorial and, if so, what should it

say?

18. Do you want mourners to hold a wake and, if so, where?

PERSONAL POSSESSIONS

1. If particular items are to be given to specific people, have you provided

for this in your Will? If not, please list items/people here.

2. Who has a key to your home? Is there an alarm and, if so, what is the

code? Do you have a safe and, if so, where is the key or what is the

code?

3. Are you happy for family and friends to stay in your home for your

funeral? Does this permission apply to specific people and, if so, who?

4. Who would you want to sort out your personal belongings and deal with

possessions and clearance of the house?

5. Do you want any Charity to have things to sell?

6. Are there particular items you want someone to deal with first and

before anything else? Who should so deal?

7. Do any items in your home belong to others?

8. Are there special items to be dealt with in a particular way?

MEDICAL MATTERS

9. Are you an organ donor or do you want organs donated after your

death?

2. Do you want your body to be used for medical education or research?

3. Have you appointed an Attorney to deal with health care choices?

Where are the papers?

4. Do you have an Advance Decision or Lasting Power of Attorney relating

to health and welfare? Where is it?

5. Who is your Doctor?

CHILDREN

1. Please note the full names and dates of birth of all children.

2. Have you appointed guardians by your Will and anyway, who should

look after your children?

3. Do you want to provide any special instructions for care and for

education?

PETS AND ANIMALS

4. What pets and animals do you have – type, name and date of birth?

5. Who will look after them?

6. Will they be paid or will money be made available to cover care and

other costs relating to your pets and animals?

7. Are there any feeding or care instructions?

8. Who is your Vet? Which kennel is used?

9. Is there any insurance?

10. Is your pet micro-chipped and where is all the important “pet

paperwork”