What are wills and trusts and a lasting power of attorney?
We advise anyone who owns a property, has children, has savings or a pension, or other high-value assets, to set up a will or trust as well as power of attorney.
Why is it important to make a will?
A will allows you to legally document your wishes after death. With a professionally written will you decide how you might like your home and possessions to be divided between your beneficiaries. You can detail guardianship rights for your children as well as funeral requests and executors you can trust to handle all the paperwork.
What is a trust and how does it work?
Trusts are legal agreements that help lower potential inheritance tax bills as well as giving extra guarantees for loved ones that the funds from your estate are ring-fenced. This is a prudent measure for many families, ensuring that loved ones are looked after following your death—safeguarding against unexpected future events.
What is the difference between a will and a trust?
The main difference between a will and a trust is that a will goes into effect only after the person who makes it passes away, while a trust takes effect as soon as it is created. A will documents and directs who will receive your property at your death and it appoints a legal representative to carry out your wishes. A trust mainly deals with your assets.
What is a Power of Attorney?
A lasting power of attorney, also known as ’a living will’ enables you to nominate someone you trust to make decisions on your behalf if you’re no longer able to. They are categorised in two ways, one to look after your health and the other, your finances and can be organised alongside a will or trust or independently.
We have partnered with trusted and experienced advisers who we can recommend. They will consider your personal circumstances and budgets and together we can provide you with the best options for setting up a will, trust or power of attorney in order to pass on your assets and investments safely and securely.
What is probate and how does it work?
Applying for probate is a permission from court for anyone who needs to handle a person’s finances and affairs in terms of distributing wealth and assets after they have passed away. If the person died ‘intestate’, meaning they do not have a will, an application will need to be made for a ‘letter of administration’. If the person left a will, the nominated executor will need to apply for a ‘grant of probate’
Private Wealth Mortgages partners with a trusted organisation that can help you manage an application for probate professionally. If you are currently dealing with the death of a close friend or relative and would like to talk to someone about applying for probate, call one of our advisers on 01403 270006.
