Financial & Legal News

Why an incorrect Will could be your worst inheritance

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It is estimated that by 2030 over £5billion will be left to charities in Wills, and with social media advertising cheaper or even free Wills with charitable donations it’s a tempting consideration, but it pays to stop and think again to protect your family in the future.

Your charitable wishes can still be met by using a professional private client solicitor and only then do you have the peace of mind that you are not only helping your chosen good cause, but you are also ensuring that your family are protected and your wishes properly reflected.

Whilst it might seem simple - list what you have and where you want it to go (including the charitable donations) fill in an online form, get it checked over by the charity affiliated will writer, get it signed and witnessed by two people, print it off, pop it in a drawer or store it digitally and hey presto job done for less than half the price - it does not always pay off.

Making a Will

Making a Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after your death.

However, whilst charity Will schemes can be a useful way to raise awareness and encourage people to make a Will, it’s important to understand the potential risks and limitations before deciding how to proceed and many people are unaware that will writers, unlike solicitors, are not regulated. (Solicitors Regulation Authority - SRA)

What are free charity Will schemes?

Many charities offer free will-writing services, often as part of campaigns encouraging people to leave a gift to charity in their Will. In return for preparing the Will, the charity hopes that you may consider including a charitable donation to them, known as a legacy.

These schemes are often promoted as a way to help people put their affairs in order and support a good cause at the same time.

However, a “free” Will does not always mean it is the most suitable option for your circumstances.

A Will is much more than a document listing who should inherit your belongings and which charity you have chosen; it is a legal plan for your future and your family’s future.

“When you instruct a solicitor, you receive advice tailored to your personal circumstances.  Every client we see has a unique set of circumstances and so their Will and estate planning is bespoke to them – there is no one size fits all,” said Private Client Solicitor, Sarah Finnigan.

“Your solicitor will take time to understand your family situation, financial position and wishes, helping to identify potential problems before they arise.”

This can be particularly important if you:

  • Own property
  • Have children or dependants
  • Are married, divorced or in a second relationship
  • Live with a partner but are not married or in a civil partnership
  • Own a business and need a specific business will
  • Have complex family circumstances
  • Want to consider inheritance tax planning

The standard Will-writing service offered by many charities may not explore these issues in detail, leaving you at risk. A private client solicitor is also duty bound to check a client’s mental capacity and ensure they have not been unduly coerced or influenced into maki clientng certain decisions, something that is impossible with the online versions.

More than just a Will

At Pearson we believe a Will should be prepared as part of a wider conversation about protecting your future and our solicitors can advise you on:

  • Choosing the right executors
  • Appointing guardians for children
  • Setting up trusts where appropriate
  • Protecting vulnerable beneficiaries
  • Reviewing your property ownership
  • Inheritance tax considerations
  • Keeping your Will up to date as circumstances change

We also make sure your Will is prepared correctly, signed properly and stored safely.

“More often than not when a client comes to us expecting to make a simple Will, once we get to know them and their unique situation and we often find that there are other options for them to explore to protect their estate in the future,” said Sarah.

“It’s a laudable aim to be philanthropic in your Will, and charities really do benefit from these donations, but at the same time only a professionally drafted Will stands up to scrutiny when the time comes. We have seen time and time again these so called ‘freebie’ Wills being successfully disputed by families and if that’s the case both parties loose out.”

Will Disputes

A poorly drafted or unsuitable Will can lead to difficulties after death, sometimes even inheritance claims, and other issues including:

  • Family disputes
  • Uncertainty over your wishes
  • Delays in administering your estate
  • Unnecessary legal costs
  • Claims against the estate

Blended families, second marriages and jointly owned property can create issues that need careful consideration and only meeting with your solicitor and discussing this will tease out your individual circumstances and help you make the best decision for you and your family. It’s also important to keep your Will up to date and a good solicitor will be in touch from time to time to check on any changing circumstances.

How to support a charity in your Will

Many people choose to leave gifts to charities in their Wills, and these donations can make a lasting difference.

“A charitable legacy can be a wonderful way to leave a lasting contribution while still making sure your family and loved ones are provided for,” said Sarah,

A solicitor will help you make the appropriate choices and, in the past, we have helped clients donate significant amounts of money to cancer charities, hospitals, theatres, animal charities and many other amazing choices.

“I have worked with many clients who want to leave a charitable gift in a way that dovetails with their wishes for family and loved ones, advising on the different types of gifts, such as a specific item, a fixed sum of money or a percentage of your estate,” added Sarah. “Whilst a cheap or free Will might seem appealing you have to ask does it give you peace of mind and protection and above all is it professionally drafted.”

How can we help?

Contact our Private Client solicitors today on 0161 785 3500, or email enquiries@pearsonlegal.co.uk to arrange a Will appointment with one of our experienced solicitors and take the first step towards protecting your family’s future and helping your chosen charity at the same time. 

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

Written by Sarah Finnigan

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