WILLS & WISHES
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.
HANSELLS
April 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
1.
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
1.
What pets and animals do you have – type, name and date of birth?
2.
Who will look after them?
3.
Will they be paid or will money be made available to cover care and other
costs relating to your pets and animals?
4.
Are there any feeding or care instructions?
5.
Who is your Vet? Which kennel is used?
6.
Is there any insurance?
7.
Is your pet micro-chipped and where is all the important “pet paperwork”