CAN I GIFT MY HOUSE IN MY WILL?

CAN I GIFT MY HOUSE IN MY WILL?
This may sound like an obvious question. Assuming you own your own home, with no mortgage on it, can you gift it to a family member or friend? Legally, you can, but your circumstances may have changed before you die. Studies estimate that around half of people who get to age 65* will need long term care for some length of time. This may be a matter of weeks, but it could be for many years. Here...
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WHAT CAN GO WRONG WHEN WRITING A WILL

HERE ARE A FEW COMMON PROBLEMS! 1) A person writes a Will which is right at the time. Sadly, they then lose mental capacity. This could mean a move into a care home, which can render the Will out of date. For example, it may deal with the family home, which has been sold to pay care fees. Once a person has lost capacity, they cannot write a new Will. So, when planning your Will always keep this i...
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WHY IS MENTAL CAPACITY IMPORTANT WHEN WRITING A WILL?

Y IS MENTAL CAPACITY IMPORTANT WHEN WRITING A WILL?
A newspaper recently printed a letter about a reader’s 80-year-old father, who wanted to make his Will but had been diagnosed with early-stage Alzheimer’s. For obvious reasons, only someone with sufficient mental capacity can make their own Will. While, such a diagnosis does not necessarily mean the person involved does not have this capacity, this case would require careful handling from all ...
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WHO INHERITS IF I DIE WITHOUT A WILL?

WHO INHERITS IF I DIE WITHOUT A WILL?
One of the common reasons for married people in particular not making a will, is the belief that “My husband/wife gets everything anyway”. However, this is not necessarily true. The laws of intestacy – dying without a Will – state that in the case of a person dying without a Will, a spouse (or civil partner) inherits the first £250,000 of their estate, or the whole estate if the deceased has n...
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WHY YOU MIGHT MAKE CHARITABLE GIFTS IN YOUR WILL?

From experience writing Wills I have found two types of situation where people might want to benefit a charity in their Will. I have detailed these below: 1) People with little or no family. We all know someone, with no child, perhaps, who has never married. They may have little contact with any family member. Often, they will know of family members. These may be cousins or nephews or nieces, h...
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THINKING OF WRITING A WILL, PLEASE DON’T LEAVE IT TOO LATE!

Making a Will is best done with full mental capacity, when in good health. We have all seen films where people make a Will when very old or ill, often on their death bed, but that is Hollywood not Kendal. The idea that you leave making a Will, until you are old, with poor life expectancy isn’t very wise. There are some problems with this. Firstly, you could die unexpectedly in an accident. Seco...
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WHY WOULD YOU BUY YOUR FUNERAL PLAN BEFORE YOU DIE?

This is a good question. Below I have given five of the reasons: 1) You get to decide yourself exactly what you want by giving your instructions. 2) Funerals tend to be cheaper when bought before the time of need. 3) You save your family having to pay. 4) If you have any unusual requests these can be sorted out in advance. 5) You have peace of mind everything will be sorted out without any ...
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IF I HAVE AN ENDURING POWER OF ATTORNEY, DO I NEED TO TAKE OUT LASTING POWERS OF ATTORNEY?

This is a question people often ask. It might help to consider the history of these documents and what they do. Enduring Powers of Attorney’s have been around for a long time. They are a legal document giving your Attorneys the power to deal with your affairs if you lose mental capacity. They deal with matters such as the sale of property and making investments. They can only be used, when a pe...
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CAN I BE FORCED OUT OF MY HOUSE?

Brian writes. “Sadly, my partner of 30 years has recently died. We owned our bungalow tenants in common as we both put money in for the deposit when we bought it. Unknown to me, my partner had made a Will, leaving everything to her only daughter. Her daughter has now approached me for her half share of the value of the bungalow. Do I have to sell it and give her the money?” This is a complicate...
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WHOM SHOULD I APPOINT AS GUARDIANS FOR MY CHILDREN?

One of the main motivations for parents of young children to write a will, is to ensure their children are brought up by the right people if the worst happens. There are many factors to consider. Losing your parents at any age is difficult, but as a young child it is particularly traumatic, and as such your child would benefit from as little disruption as possible, now and over the coming years...
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