Why should you use a member of The Society of Will Writers?

February 6, 2019April 10, 2019Leave a comment

Why should you use a member of The Society of Will Writers rather than a solicitor to draft your Will and Lasting Power of Attorney documents?

A member of the Society of Will Writers is a fully qualified and regulated professional Will and Lasting Power of Attorney writer, who must undertake vigorous training to qualify for membership and then undergo continuous training and assessment.

Members continue to train on a yearly basis doing a minimum of 24 hours.
All members hold Professional Indemnity insurance with a minimal level cover of £2 million.
All members adhere to the Society of Will Writers Code of Practice and complaints procedure.
Members are only admitted after a stringent and robust application process.
Members are entitled to technical support to ensure they offer the best service to their clients.
Members offer a statutory cooling off period of 14 days in accordance with the Consumer Contract Regulations.

Cost – This is a big consideration as a solicitor could charge around £300 or more for a simple will. At A R K a straightforward single Will costs £125 and for couples, Mirror Wills cost £225. Lasting Powers of Attorney can be round £400 each with most solicitors. We charge £175 for one document or £300 for two at A R K.

A R K offers a personal, bespoke service and will hold appointments in the comfort of your own home. We find that our clients prefer this option, rather than attending the formal office setting for appointments, which is preferred by most solicitors.

Service – A fully qualified solicitor is unlikely to draft your Will in person. This is likely to be done by a legal clerk with far less qualifications than a qualified Will Writer with the Society of Will Writers.

Society of Will Writers members are Will-Writing specialists – not legal ‘general practitioners.’ Solicitors are not averse to people making their own Wills as they make more money out of sorting out the mess which many DIY Wills leave behind. Members of the Society of Will Writers don’t have this conflict of interest.

Specialist Advice – A Will Writer deals almost exclusively with one area of law – succession planning – and as such, we are best placed to offer specialist advice, which ensures you receive the advice which is best for you.

At A R K we offer free advice and do not charge an hourly rate like many solicitors do. We pride ourselves on a simple and transparent pricing policy that is clearly displayed on our website. We feel this is important, as you can be confident that you know in advance the exact cost. Many solicitors charge an hourly rate for advice, as well as a Will drafting fee. This, from our experience, can be around £100 per hour or more.

It is a misconception that a Will Writer cannot arrange storage of Wills. At A R K we use a safe central storage company, and recommend you register your Will on the Certainty Register as this will tell your relatives where your Will is stored when the time comes.

Contact us at A R K on 01438 746977 to get more information and help regarding making your Will or Lasting Power of Attorney.

Inheritance Tax: Christmas Gift Guide

December 5, 2018December 30, 2018Leave a comment

Happy Christmas to you all!!

Did you realise that you could use this time of year to make gifts which will reduce your liability to Inheritance Tax? We thought we’d prepare a little guide about what you can give away whilst still keeping the taxman happy…

A lot of people don’t realise that Inheritance Tax may have to be paid on their estate when they pass away. This can be 40% of everything over the tax-free threshold (currently set at £325,000). Given that the average price of a property in Hertfordshire is over £500,000 it’s easy to exceed those limits!

However there’s a simple way to reduce this liability, and help your family have an extra special Christmas at the same time.

Did you realise that you can give away £3,000 worth of gifts to your family and friends each tax year – this amount is immediately removed from the value of your estate?
You can also give as many small gifts of up to £250 to as many people as you want (as long as they haven’t also received part or all of the £3,000 mentioned above).
Additionally you can give gifts out of your income. For example, Christmas and Birthday presents – but you must be able to maintain your standard of living after making the gifts.
If any of your family or friends are getting married soon, don’t forget you can give a cash gift which immediately reduces the value of your estate for Inheritance Tax purposes. You can give your child up to £5,000, your grandchild up to £2,500 and you can gift anyone else who is getting married up to £1,000.
There are certain people and organisations you can make unlimited gifts to without paying Inheritance Tax. These include:
- Your husband, wife or civil partner provided they live in the UK.
- Charities registered in the UK.
- Some national organisations like universities, museums and the National Trust.

Please note that new rules and thresholds regarding passing your property to your children were introduced in April 2016. If you would like more information regarding gifts or Inheritance Tax thresholds then visit www.gov.uk.

We hope that’s given you some food for thought…

If you can’t spend it yourself, the next best thing to do is to give away what you can to reduce the likely Inheritance tax bill on your estate. Why don’t you use this Christmas to help your family, friends and your favourite charities and reduce your Inheritance Tax liability at the same time?

You can of course make bigger gifts but then you have to live a certain period before the gift is treated as not belonging to you in it’s entirety (commonly known as the 7 year rule).

At A R K we specialise in offering free advice on anything related to Wills, Lasting Powers of Attorney, Funeral Plans and Probate. Do ring us on 01438 746977 or email us at info@arkpowers.com for more information.

How do I protect my property for the future?

October 11, 2018December 30, 2018Leave a comment

No one knows what their future holds; and in today’s world of blended families and ever-increasing care costs, it’s important to consider how you might protect your property after your death.

A simple Will stating what you want is not always enough to protect property inheritances for your family.

Most people who co-own their home with another person do so as joint owners. This means they both own the whole property. On the death of one of the joint owners, the home AUTOMATICALLY becomes the property of the survivor – they can then do what they want with it. This can, however, cause problems.

What if the survivor then re-marries? It is possible that the whole of the house will then pass to the new spouse on their death, thus disinheriting children of the first marriage. There are many recent examples of this happening where wealthy celebrities have died – the estates of both Paul Daniels and Bruce Forsyth received lots of publicity.

Another scenario is, what if the survivor has to go into a care home? As the property just has one owner, the Local Authority has the power to charge the cost of care against the value of the whole house – meaning that there would be nothing left for children to inherit.

What precautions can be taken to avoid this happening?

There is an answer to this problem. It is to change the way the home is owned whilst both owners are alive – from joint owners to Tenants in Common. This is a straightforward process that does not involve the mortgage company, even if the property is mortgaged. As Tenants in Common, each owner owns a share of the property (often a half share) and by using a Will Trust (a Life Interest Trust, also sometimes known as a Protective Property Trust), they can do whatever they wish with their share of the property on their death.

The idea of a Life Interest Trust is that you wouldn’t leave your share of your property to your partner – but you would leave them the right to live there until their death (or whatever date you specify). The survivor would not then own the whole property, just their half. This protects the 50% of the property owned by the person who has died, from possible care home fees or the new relationship scenario.

The survivor could only leave 50% of the property to their new partner. The 50% of the property belonging to the person who had died would be transferred into Trust, often for the benefit of children. The Trustees would then look after the 50% share of the person who had died, making sure the property is maintained and insured properly. If the survivor decides they would like to move out, they can do so as long as the Trustee agrees. If any monies are freed up by downsizing 50% belongs to the survivor, and they can also have access to the money belonging to the Trust fund if the Trustees agree.

There is also another simpler form of Trust that some people choose. It’s called a Right to Occupy Trust and these are commonly used where adult children live with their parents. This type of Trust gives the child still living at home the right to stay in the property after both parents die, without actually owning it. When the parents die he whole property is placed in Trust, often for all the children of the deceased – so when the Trust period ends the property can be sold, with the proceeds being shared between all the siblings.

Do be wary though, of taking any drastic action to avoid care costs. People sometimes think they can sell a house to a relative for a nominal fee, or even give it away, in order to transfer legal ownership. However, this could be seen as ‘deliberate deprivation’ and the sale could be reversed. Local authorities have the power to claim care costs from the person the assets were transferred to!

The local authority will ask about any previously owned assets, and take into account any reasons you’ve had to hand over assets or property to other people. They’ll consider timing, alongside any motive or intention, and also the fee.

As you can see, by making a few simple changes; sending a form to Land Registry (no fee applies for this) to change the ownership terms of your property and putting a Trust into your Will, you can protect your share of your property for your family.

Call A R K Lasting Powers & Wills now and take that ‘What if?’ scenario away.

The Business Case for a Lasting Power of Attorney (LPA)

May 30, 2018December 30, 2018Leave a comment

All business owners should consider a Lasting Power of Attorney (LPA) as the final piece of the business protection jigsaw puzzle.

Have you considered what might happen to your business if you:

• lost your mental capacity through illness or injury?
• were stranded abroad because of delay or extreme weather conditions?

Who would take over the running of the business on your behalf to:
• sign contracts?
• pay salaries and suppliers?
• write cheque?
• make the important day-to-day decisions to keep the business going?

Even if your bank account is held jointly with your spouse, it can be frozen until a Deputyship Order is produced by the Court. Business accounts can also be frozen, even where these are held jointly in the names of business partners or directors. How would your business cope with no funds? Many businesses in these circumstances fail.

If you suddenly lose mental capacity and haven’t made a Business LPA, it may become necessary to make an application to the Court of Protection for the appointment of a deputy to act on your behalf. The process can be expensive, and there’s no guarantee that the Court of Protection will choose someone who you would have chosen. It could also take more than six months before a deputy is appointed, during which time your business may be vulnerable and at risk.

The Business LPA and lack of capacity…

Most businesses have a Key Person Insurance Policy and crisis management plans in place, but the issue of lack of capacity is often overlooked. You might think the options are obvious, but there is no automatic legal right to deal with another person’s financial affairs. Don’t assume that a family member or a business colleague will gain the authority to make these decisions on your behalf – this assumption could leave your business exposed to risk.

To protect your interests, and those of your business, you should consider making a Business LPA.

Having a Business LPA in place allows someone that you trust – someone who understands your business – to take over the day-to-day affairs as soon as they are needed. Your attorney might be given the power to pay suppliers and staff, access and manage bank accounts, invest assets, handle tax matters and enter into contracts. Of course, you can limit your attorney’s power, but you need to ensure that the company can continue to operate with any limits in place.

The aim of all business owners is to make their business a success and to provide for their families and their loved ones. You work very hard, commit time and money to your business and have employees and suppliers who are depending on you. You have families who need your financial support and security.

It is natural to hope you will never need a Lasting Power of Attorney but why take the chance?

Business continuity…

A Business LPA should be an essential element of your business continuity plan, and the cost of setting one up is a small price to pay for the continuing success of the business you have worked so hard to build. It’s a one-off cost as well (as long as you don’t change your mind about who you have appointed as your attorney).

A Business LPA is a type of ‘insurance’ that all business owners should have, and it truly is the final piece of the business protection jigsaw puzzle!

Next steps…

Our fee to arrange a Business LPA for you (including registration of the document with the Office of the Public Guardian – so that is ready to be used immediately should it be necessary) is £175 (no VAT to pay). It’s a tax-deductible expense for your company, and the only additional fee to pay will be £82 to cover the Office of the Public Guardian fee.

Contact A.R.K. Lasting Powers & Wills today for a chat about how easy it is for us to assist you with making this document that could be vital for your business. It can be arranged at a face to face meeting, or by phone/email if you prefer. Call us on 01438 746977 or email info@arkpowers.com.