All of our documents are drafted by professional Will writers. We are all members of the Society of Will Writers and adhere to their strict code of practice. That's fancy talk for saying an official body is holding us accountable to the highest of standards, so you can feel safe working with us. 

Let's get some more of the basic details out of the way! Tell us more about you {firstName}.

Let's Talk Inheritance Tax {firstName}

(Don't Worry, We'll Keep It Simple!) 

Being precise with your asset values now helps us plan smarter for any inheritance tax later. We also want to hear about your pension pot and life insurance policies as we can help ensure they are optimised. 

Here's what you need to know:

Everyone gets a tax-free allowance (officially called the Nil Rate Tax Band / NRB). The good news? If you're married or in a civil partnership, your partner can not only inherit all of your estate for free, but they can also inherit your tax-free allowance when you're gone - basically doubling their tax-free potential! ✨

If we spot that your combined estate might exceed these tax-free limits, we'll reach out right away to chat about your options. Think of it as having a financial heads-up to protect more of your legacy! 🔐

Pro tip: The more accurate your numbers, the better we can help you plan, but there's no need to dig through every statement - your best estimates will do just fine (we don't need to know about every battery in the junk drawer and coaster that's under the couch)! 📊

Let's get listing those assets below!

No one like to think about the debt they have, or the money they owe on a regular basis... 💳 however the law in the UK states that all debts must be paid out of your estate before anyone can get their hands on anything in your Will. So your Executors will have no choice but to pay your debts off - even if that means selling your belongings to foot the bill 💷

Knowing about your debt in advance {firstName} can help us advise you on the best course of action to ensure your family and friends get as much as possible. Think credit cards, loans, mortgages, car payments - anything!

We also need to know about any financial obligations you have, because if they stop being paid, whoever is benefiting from them will have very strong grounds to challenge your Will after you're gone. And that will really set the cat amongst the pigeons 🐈

Unless you have a very good reason, it's best to continue making provisions from your estate to make sure these payments are covered. 

Again, the more we know, the more we can help structure things to make sure you get what you want. Even after you've left.

An executor is the chosen person (or organisation) who'll make sure your Will's wishes are carried out after you're gone. They'll take charge of calculating your estate's total value, identifying any outstanding debts and ensuring everything's properly sorted. Think of them as your Will's project manager! 🔐

This is a big job that can take up to a year to complete - think marathon, not sprint!

Pro Tips:

• If you have more than one executor, make sure they can work together
• Only four executors can apply for the grant of probate, so there's little sense having more
• Pick folks around your age or younger
• Make sure they're actually up for the task (hate admin and paperwork? They're probably not right for the job...)

{firstName}, if you have a single executor, we strongly recommend naming a substitute executor or a professional executor. This means if for any reason your executor can't act, or predeceases you, you will still have control over who carries out your wishes.

Otherwise the courts might pick eccentric Aunt Mildred who you haven't seen since you were 7!

Want to take the pressure off your family {firstName}?

We offer Professional Executorship services here at AWAY Wills to handle all the complex stuff! ✨ And the best part is you'll pay nothing for this until after your death. 

Let's be honest - this is the part everyone thinks about when you mention 'Last Will & Testament'.

Simply put: who do you want to inherit your estate?

THE KEY ELEMENTS:

• Your beneficiaries (the people or organisations you choose to inherit)
• Your assets (from property and investments to personal treasures)
• Your wishes (how you'd like your estate to be distributed)

IMPORTANT CONSIDERATIONS:

In the UK, beneficiaries must be 18 or over to receive their inheritance directly. For younger beneficiaries, your executor will hold the assets in trust until they come of age - ensuring their inheritance is protected for their future.

INTRODUCING THE LETTER OF WISHES ✍️

A practical companion to your Will that offers flexibility and detail:

• Sits alongside your Will but remains legally separate
• Can be updated without formal witnessing requirements
• Perfect for detailed instructions about personal items
• Helps guide your executors on your preferences (though it's essential to know it's not legally binding so they can be ignored - all the more reason to pick a trusted executor!)

PRACTICAL TIP:

Your Will doesn't need to list every possession - focus on significant assets and specific gifts that matter most. The Letter of Wishes can handle the finer details of personal possessions and family treasures.

Remember: While your Will provides the legal framework, your Letter of Wishes adds the personal touch that helps executors understand your intentions clearly.

Together, they ensure your legacy is handled exactly as you'd like. ✨

Pecuniary legacies (gifts of money 💰)

A pecuniary legacy is a fancy way of saying a gift of money. A specific gift of money can be included in a Will, however money cannot be included in a Letter of Wishes, so make sure to put all the cash details below!

If you don't know exact amounts (we're hoping it will be a while before your Will is needed!), you can specify descriptions eg. "the total amount of money remaining in my Natwest account."

Chattels (objects / items 🚲)

 Chattels are all of the items and objects in your life. If you turned your house upside down, everything that falls out is a 'chattel' so here's your chance to decide who gets your DVD collection from 2009.

Remember, you don't need to list everything, just the important and sentimental items (regardless of the value!). The rest we can pop in your Letter of Wishes.

Pets 🐕

 We've assigned guardians for your children, now it's Rover's turn! Who is going to look after your pooch when you're gone? What about the koi carp in the DIY pond you made during lockdown?

Let us know!

Property 🏡

Your home is likely to be the most significant asset in your Will, and accordingly, it deserves careful consideration. While determining WHO inherits it may seem straightforward, the method of HOW they inherit can be crucial for long-term security.

PROTECTING YOUR PROPERTY

While many wish to preserve their property for future generations, standard inheritance doesn't always guarantee this outcome. This is where strategic planning becomes more essential than your morning coffee ☕

THE TRUST SOLUTION

A trust provision in your Will can offer sophisticated protection for your property (oo la la). This legal arrangement can:

• Provide immediate benefit to your chosen beneficiary
• Protect the asset for future generations
• Offer flexibility while maintaining control

Here's a real world example to demonstrate...

You own your home and wish to leave it to your son. However, he's currently going through a messy divorce and you're worried his Cruella Devil ex will insist half should go to her. With a trust, you can:

• Ensure he and his children can live in the family home if you pass
• Protect the property from potential divorce proceedings
• Safeguard the inheritance for your grandchildren

A Will trust can achieve all of these objectives, meaning everyone is happy.

Except Cruella.

PROFESSIONAL GUIDANCE

Property trusts require careful consideration and precise drafting. While we can outline the fundamental options, the specific details and implications should be discussed as part of our virtual consultation service to ensure your wishes are properly protected.

Remember: The right structure now can provide generations of security for your family's future. 

Concerned about protecting your loved ones {firstName}? 🛡️

Worried about how your loved ones might handle their inheritance? We get it - life's complicated, and sometimes the people we care about need a bit of extra protection.

Whether your beneficiary is living with a disability, struggling with financial decisions, or going through a rough patch, we can help set up special trusts in your Will that act like a safety net. These trusts can protect your assets and ensure they're used exactly as you'd want them to be. Think of it as adding an extra layer of bubble wrap around your legacy!

We ask you to share below any concerns you have about your beneficiaries - no judgment here, just practical solutions to help protect both your assets and your loved ones. 💙✨

Charitable Donations 👼 

Did you know you can do a good deed AND beat the tax man?

If you donate more than 10% of your estate to a charity/ies in your Will, your overall inheritance tax liability will drop from 40% to 36%.

If you're on the border, it might be more financially beneficial to donate a little more to charity, and save a lot more on the tax bill.

We will consider all of this information when we draft your final documentsand can discuss your options with you at our catch up!

Want to find out more about the global survivorship clause?

Have a read of our blog post here.

Ever received an early inheritance gift from your parents {firstName}? Did they help you with a deposit on your flat but not your brother? That's where the hotchpot clause would come in! Think of it as your Will's built-in fairness controller 🎮

This clause makes sure that any significant gifts or money given to YOUR beneficiaries during your lifetime are taken into account when dividing up your estate. It's like keeping score to ensure everyone gets their fair share in the end.

For example: If you gave your eldest £50,000 for a house deposit while you were alive, the hotchpot clause would count this as part of their inheritance. So when your estate is divided, this amount would be considered when calculating their share – keeping things perfectly balanced, as all things should be! ⚖️

It's basically the Will-writing equivalent of splitting the restaurant bill fairly when someone's already grabbed drinks at the pre-dinner pub visit! 🍻

Let's talk about your business assets - they're a key piece of your legacy puzzle! 🧩 

Whether you're a sole trader, business partner, or company shareholder, we'll help you protect what you've built and ensure it's handled exactly as you want it to be. This section is all about understanding your business interests and making sure they're properly protected in your Will (with some handy tax benefits too!).

🚨 If this applies to you please let us know below and you will be taken to a second, separate form after this one to tell us all about your business assets 🚨

While your property is usually the superstar of your Will 🏠, your residual estate is everything that's left over after specific gifts and payments are sorted.

For most people, it's still a significant part of what they're leaving behind - everything from the contents of your junk drawer to the tools you bought in lockdown 🔨 (haven't touched that pocket hole jig since, have you???)!

You might want to leave it to your spouse, or divide it equally between the kids .... or even just leave it all to your hair dresser ✂️ 

The only specification {firstName}, is that you can't leave your residual estate to your cat. As much as we all love Fluffy 🐈‍⬛ 

How Will Inheritance Tax Be Shared Between Different Types of Beneficiaries? 🤔

When your estate includes both tax-exempt beneficiaries (like your spouse or charities) and non-exempt beneficiaries (like friends or relatives), there are two ways to handle the inheritance tax split:

• The 'Before Tax' Method (called the Ratcliffe method) This is our default approach - like splitting a restaurant bill before applying any individual discounts. Your friend would get their entire meal free, but the other diners would pay slightly more each. The estate is divided first, then each person pays their share of tax (if they need to). 
• The 'After Tax' Method (called the Benham method) Think of this like splitting a restaurant bill after your friend uses their free meal code. The tax is paid first, then what's left is divided. Everyone ends up paying slightly less each, but your friend ends up paying more as they should have had their whole meal free.

Incidentally, {firstName}, based on the information you've inputted, your total estate value is £{totalEstate} (excluding any life insurance policies or DIS benefits).

🚫 The Importance of Clear Intentions

While it might feel awkward, being crystal clear about who you don't want to benefit from your Will can be just as important as stating who you do.

➡️ If there's someone who might reasonably expect to inherit (like a family member or dependent), but you've decided not to include them, it's crucial to make this explicit in your Will! ⬅️

We can help you include a clear statement of exclusion, explaining your reasons if you wish. This helps prevent potential challenges to your Will after you're gone and ensures your wishes are respected. Think of it as leaving a paper trail of your intentions - it might feel uncomfortable now, but it can save your loved ones from difficult situations later.

DIVORCED? SEPARATED?

🚨 Even if you're separated and estranged, and have been for years, your ex-spouse or ex-civil partner can still make claim to your Will.

Don't let them {firstName}!

 We automatically add details of ex-spouses and ex-civil partners as a deliberate exclusion, given how much inheritance rules favour them.

Unless of course you don't want us to!

Either way we need to know.

 🚨 Newsflash {firstName}! 🚨 

It's not enough to write your Will and save it. It's not even enough to Docusign it.... Your Will needs to be signed, witnessed in person (by TWO people!) and stored. 

The ONLY valid version of your Will is the printed, signed, original copy. 

If you have filled this in for someone else and they are unable to read it themselves, or physicially sign it, please provide details below so we can provide additional instructions and change the language slightly on the signature pages.

Your spouse doesn't automatically get to make decisions on your behalf without an LPA {firstName}... they would need to apply to the Court of Protection to be appointed as your "deputy" to manage your affairs. 

SNOOZE.

Enter the LPA

🔐 Your Life, Your Backup Plan

An LPA (Lasting Power of Attorney) is your financial and healthcare safety net - think of it as your personal backup plan for life's unexpected moments. This legally binding document lets you choose trusted people to make decisions on your behalf if you ever become unable to do so yourself.

👋 Age Is Just A Number

And here's the thing: it's not just for older people or future planning! Whether you're 18 or 80, an LPA can be incredibly useful right now - imagine you're backpacking through Asia, stuck in important meetings all day, or just too busy to handle urgent paperwork. Your attorneys can step in to help manage time-sensitive matters when you need them.

⚠️ Better Safe Than Sorry

Without an LPA, your loved ones would need to go through a lengthy and expensive court process to help you, even for basic things like paying your bills or making medical choices. It's one of those documents that's better to have and not need, than need and not have - kind of like insurance for your decision-making rights.

✨ Take Control Now The best part? You can set it up while you're fit and well, giving you complete control over who you trust to have your back when it matters most.

There are several people involved in your LPA, both long term and just for the signing. 

• The donor (you)
• Your attorney/s (the person or people you're giving authority to)
• A certificate provider (an impartial party to validate that you're not being pressured into signing away your rights and that you understand what's happening)
• Your witness
• Notifyees (this is optional and it's a person or people who you want to have notified that you're entering into an LPA. They will have a chance to object.). They do not need to be present for the signing. The others do. 

Your attorney/s are the people you are giving control to. You can have as many as you want, though most people choose between 1 - 4.

You can ask anyone with mental capacity aged 18 or over to be your attorney, including:

• your wife, husband, civil partner or partner
• family member
• a close friend
• a professional, such as a solicitor

While you can set ground rules and boundaries for your attorneys, you're essentially handing over the keys to your life decisions (whether that's finances, health, or both).

🎯 Pro tip: Choose someone you'd trust to be your literal double - because they'll basically be acting as you! Think about how your chosen attorneys will work together too. No drama required.

Remember: This isn't just about picking your closest people - it's about choosing the most responsible and trustworthy ones.

There are two signatures to witness; yours and your attorneys. The same person can witness both and this person can also be your certificate provider. 

The signatures must be witnessed by: 

• Someone aged 18 or over 
• Not a named attorney or replacement attorney, nor the donor 

Attorneys or replacement attorneys can witness each other’s signature but not the donor’s. Signatures can’t be witnessed online and must be done in person. 

Think of a certificate provider as your official wingman/woman in the LPA process. They're the independent person who checks two very important things: that you fully understand what you're doing and that nobody's pressuring you into making these decisions

⚠️ Heads up! Not just anyone can be your certificate provider - there are some strict rules about who can take on this role. Let's make sure we get this right, so keep reading below...

They must be: 

• Someone aged 18 or over 
• Have known you personally for at least 2 years OR
• Have relevant professional skills (ie. healthcare professional, solicitor, social worker etc)

They must not be:

• An attorney or replacement attorney named in this LPA or any other LPA or enduring power of attorney for the donor
• A member of the donor’s family or of one of the attorneys’ families, including husbands, wives, civil partners, in-laws and step-relatives
• An unmarried partner, boyfriend or girlfriend of either the donor or one of the attorneys (whether or not they live at the same address)
• The donor’s or an attorney’s business partner
• The donor’s or an attorney’s employee
• An owner, manager, director or employee of a care home where the donor lives

Hopefully there's someone in your life that qualifies! Pop their details in below - you can't complete the LPA without one. 

Want to keep people in the loop? 👋

You can choose up to 5 people who'll get a heads-up when your LPA is registered. Think of them as your 'notification squad' (officially known as 'persons to notify').

Once your LPA is registered, AWAY Wills will post them a form to let them know. These people can raise concerns about the LPA if needed, but only for specific reasons set out in law.

This step is totally up to you - no pressure!

When Should Your Attorneys Start Acting? Our Recommendation ✍️

We recommend allowing your attorneys to act as soon as your LPA is registered. This practical approach prevents administrative hurdles - your attorneys won't need to prove your loss of mental capacity each time they need to help.

Here's How It Works:

While You Have Mental Capacity:

• Your attorneys can only act with your explicit permission
• You remain in full control of all decisions
• Think of it as having a trusted deputy - they're ready to help but only when you ask

If You Later Lose Mental Capacity:

• Your attorneys can continue making decisions on your behalf
• Their authority covers all matters within the LPA

This arrangement is particularly useful when you're away on holiday, you have physical difficulties managing certain tasks or administrative matters (like banking or paperwork) become challenging to handle personally.

Remember: This isn't about giving up control - it's about creating a practical, efficient arrangement for when you need support.

PLEASE NOTE: 🚨 An attorney logging onto the donor’s bank account to pay bills or care fees may be committing a criminal offence under sections 1 and 2 Computer Misuse Act 1990, unless the bank consents to the transaction, after being made aware of the above instruction in an LPA.

Probably best to contact the bank before you start instructing people to login on your behalf.... we don't want them getting in trouble!

Discretionary Investment Management 💵 

If you have any funds under discretionary management, or are likely to have in the future, the authority for the manager lapses when your LPA is in use, as attorneys should make these sort of financial decisions from that point on.

If this is relevant to you, we can draft a clause over-riding this and maintaining the DIM authority.

Once you submit this information, you will be taken to another page with our package recommendations based on the requirements you have inputted above. 

There is no obligation to move ahead at this stage {firstName}!

We will still assess your submission and have a 30 minute, informal virtual discussion to go through what your needs are and give our recommendations (it's free!). You should already have this booked in the diary but you don't, please schedule it below.

Once we've gone through everything on our call and you're completely happy, you can make payment over the phone and we will progress with drafting your documents.