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Dividing the estate between Monica (in my case) and the selected charities seems quite tricky. I want to minimise inheritance tax, which is currently paid at a rate of 40% on any excess estate over £325k, after gifts to charities. I also have the problem that currently my estate (with 6 Eddeys in my name) is probably about £550k, but will drop to about £390k after we have moved.
I can think of three ways of dividing the estate (using 5 charities as an example):
Method 1 doesn't seem good, since the amount given to charities is not well controlled. Methods 2 and 3 have similar results, but method 2 has the advantage of not needing adjustment for inflation.
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Uses local solicitors - Farnham and Camberley are the nearest towns with participating solicitors.
Have requested their Free Will Scheme pack.
Can only use the service once, so you have to pay for updates. Have requested their free will pack.
Have requested their free will pack.
Have to phone them to "connect" with a local solicitor.
Although they are listed on the National Free Wills Network site, they don't appear to offer free will writing.
Although they are listed on the National Free Wills Network site, they don't appear to offer free will writing.
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To ceate a will a solicitor will require proof of identity and proof of address. A birth certificate seems to be generally accepted as proof of identity, and a household utility bill is generall accepted as proof of address.
There are several options for storing a will. There are no particular legal requirements for storage, but the executor obviously needs to know where it is and be able to get hold of it.
A will can be stored with HM Courts and Tribunals Service (HMCTS). Cost is £20. The will can be posted or taken to a probate registry office (nearest one is Winchester).
The will can be withdrawn at any time by the testator (writer of the will) or an executor. Anyone else would need a 'letter of authority'. Withdrawal is done by post and takes about 4 weeks.
Alternative storage places are: keep it yourself; leave it with the solicitor that drew up the will; leave it with the will writing service.
There is a National Will Register, where wills that are held by solicitors or others can be registered. Others (e.g. executors or solicitors) can search the register (for a £59 fee) and be contacted by the holder of the will.
A will is a private document until probate is granted. Once probate has been granted anyone can apply to have a copy. See Obtaining a copy of a will.
From government's Register a death:
"A relative should register the death.
If a relative cannot register the death, you can do it if you:
The Norfolk County Council provides more information about partners:
"There is no provision for a partner who is not married to or in a civil partnership with the deceased to be recorded as the deceased’s partner on the death registration. However, a non-legal partner can register the death if they were 'present at the death', are 'causing the body to be buried/cremated' or occupied the residence where the death occurred."
There seems to be some disagreement about who is responsible for making funeral arrangements.
According to QualitySolicitors: "The people named in the deceased’s will as their executors (or, if the deceased didn’t make a will, their nearest relatives) are primarily responsible for arranging their funeral."
According to Coop FuneralCare: "In most cases the responsibility of arranging a funeral will fall to the next of kin. The next of kin is identified as the person who was the closest living relative to the deceased at the time of death, such as a spouse, child or grandchild." However, they also state that "Usually, the executor is responsible for arranging the funeral, covering the costs of the funeral arrangements, and managing the estate after death."
According to Citizens Advice: "Most funerals are arranged by the nearest relatives and if not by a close friend. If there is no one, the local or health authority will arrange a simple funeral."
According to Reassured: "If you’ve made a Will, then the executor(s) of your Will would have the legal right to make decisions about your funeral."
To be sure, one can make an "arrangements on death declaration". This could be in the will or a separate letter of wishes, and should state what the funeral instructions are and who who should implement them.
"Next of kin" is not a legal term. If you nominate someone as your "next of kin", this does not confer any legal rights.
The NHS allow you to nominate anyone as your "next of kin". The NHS will keep the next of kin informed about your medical care, and may ask the next of kin for advice about your wishes in case of serious illness. In the event of your death, it is the next of kin that would be consulted about funeral arrangements, post mortem and organ donations.
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To give the "next of kin" more power, you can create a Lasting Power of Attorney (LPA), which "is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’)."
"There are 2 types of LPA:
You can choose to make one type or both."
A health and welfare LPA is used "give an attorney the power to make decisions about things like:
It can only be used when you’re unable to make your own decisions."
A property and financial affairs is used "to give an attorney the power to make decisions about money and property for you, for example:
It can be used as soon as it’s registered, with your permission."
There is an government guide to LPAs. You don't need a solicitor to create an LPA: you can use government-provided forms or do it online by answering a series of questions. There is a guide to help with filling in the forms. There has to be a certificate provider, who ensures that the donor understands the LPA and is not being coerced. The certificate provider can also witness the signature. The certificate provider can either be someone (other than a relative) that has known the donor well for at least 2 years, or a professional such as a GP or solicitor. Once completed, the LPA has to signed by you, the attorney, and an impartial person, and then registered by posting them. There is an £82 registration fee.
There is also a government guide to acting as an attorney.
Which? also have guide.
See, for example:
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