Friday 27 July 2012

The Cobblers Shoes/ Making or updating your Will

I understand that the saying of the ‘Cobblers shoes’ refers to a Cobbler who turned out fantastic shoes for his customers, but always forgot to shod himself and his family well. There are many ‘life issues’ that come along which some apply the ‘Cobblers shoes’ to. Making or reviewing an existing Will is usually a good example.

I always maintain that there are a few basic financial planning cornerstones that need to be addressed before making use of various planning techniques. Maintaining an emergency deposit fund of 3-6 months’ income to meet any unforeseen demands is one and making (and keeping up to date) a will is another good example, along with trying to enter retirement debt free/mortgage free/repaid.

Referring again to the ‘Cobblers Shoes’ analogy, it has been some years since I reviewed my old will and it is amazing how time flies and both legislation and circumstances change. The original document certainly did not reflect the life changes that had occurred since the original document was finalised and witnessed. A good quality solicitor was employed and a new document, now reflecting my requirements, has been established. I would recommend that you consider the same action if you have not done so for a few years. You might want to make changes to reflect changes in your circumstances, such as the addition of grandchildren or, sadly, the loss of a family member.

If you die without a will in place, you die ‘intestate’. As you can see from the following link, this may not be something you want to happen: http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029802

Dying intestate may also have negative inheritance tax consequences and you may want to bear this in mind when planning for your future and for that of your beneficiaries. As we have noted in previous Blogs, there are ways of mitigating an Inheritance Tax liability, such as using the annual gift allowance or using surplus income as a means of making efficient gifts away from your estate, documenting these where appropriate. We would recommend that you take individual advice on this subject if it affects you and would certainly recommend that you seek independent legal advice when drawing up a will for your circumstances. Speak to our own legal adviser/ Solicitor or, if you have not sought advice before, we can refer you to a local solicitor to help you with your needs.

Whilst looking at the issue of wills, I am sure your legal adviser will also raise the subject of achieving a Lasting Power of Attorney at the same time. For information, a Lasting Power of Attorney appoints someone (usually someone you know and trust) to make decisions on your behalf when unable to do so for yourself. It should be noted that it can take up to nine weeks to register a Lasting Power of Attorney. More details of the process can be found at the following link: http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Mentalcapacityandplanningahead/DG_186373

The team at Chapters Financial can help you with your Financial Planning and Inheritance Tax Planning and we look forward to working with you. No individual advice has been provided in the content of this blog.

Keith Churchouse, Chartered Financial Planner, Certified Financial Planner
Director, Chapters Financial Limited, High Street, Guildford, Surrey.
Chapters Financial Limited s authorised and regulated by the Financial Services Authority. Number 402899


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