Will Trusts

Sometimes a simple Will won’t give you the outcome you need and a Trust in your Will allows you to be more specific in the way your estate will be distributed.

There are events that happen after your death that a simple Will cannot protect against such as the remarriage of widowed spouse, care fees, divorce and debt. With the use of a Trust written into your Will you can be safe in the knowledge that your wishes will be unaffected.

The two most common Wills I provide for customers are Wills that provide an additional level of certainty, they are:

 

WILLS WITH DISCRETIONARY TRUST

These are a way of safeguarding inheritance and providing for people who are minors, disabled, suffer with addiction, have financial difficulties or be vulnerable to abuse.

This type of trust means that the beneficiaries inheritance can be drip fed rather than in a lump sum which is what a simple Will does.

  • This safeguards any Means Tested benefits and the support that goes with them as the claimant doesn’t have a large amount of savings in the bank putting them over the
    threshold for support.
  • Anyone who suffers with addiction, whether that be Drink Drugs Gambling or even a spending habit still gets the inheritance but in ways that this is a blessing not a curse.
  • If in the awful circumstances that a beneficiary has debts then this isn’t their asset and can’t be used to settle the debts as this remains a Trust asset.

If anyone you want to benefit from your estate is affected by these issues, then looking into a Will with a Discretionary Trust is time well spent.

Our services and how we help

By thinking about legacy planning now, you can make sure your estate is passed on to the people and causes close to your heart.

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Will
Trusts

Lifetime
Trusts

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Property Trusts

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Probate

Funeral Plans

What our customers are saying

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Sharon was so helpful and friendly and guided me through the entire process of making and storing my Will. I felt well informed and supported every step of the way and wouldn't hesitate to recommend her services.

 

Calico, Nantwich

Really personable, well organised, professional service. Even entertained our daughter during visits! Easy, stress free Will writing experience and would highly recommend.

 

Ash, Wybunbury

From start to finish Sharon was very efficient in her communication and professional in her manner. She was very amenable and flexible around our needs and completed our Will in a timely manner. I have already recommended her to others!

 

Louise, Wybunbury

Well, I am so pleased with the response I have had from Sharon Harding this evening, great advice and lovely customer skills. The help offered for people in difficult circumstances is also outstanding and unbelievably helpful and generous. I will certainly be using Sharon’s help moving forward.

 

Rachel, Crewe

FAQ’s

Here’s a small selection of the recent things as Estate Planners we’ve been asked about.

I don’t need a will my family can sort it out can’t they?

Well yes they can, however, dying intestate which is the legal term for not having a Will and the laws that surround this are more complex.

And you have no say in who will inherit your estate, that no matter what you have to leave whether it be a house, a car, jewellery or money, do you really want the State to decide who gets what. It’s a sure fire way to cause a family disagreement when no one knows who you wanted to have items of sentimental value.

There is also a more important reason if you have children and don’t appoint Guardians, then the Courts will decide who brings them up. That doesn’t guarantee it will be who you would have chosen and until a court appointed guardian is in place, they could well be in Local Authority Care.

We are thinking of putting the house in our children’s name.

In an ideal world this seems such a simple thing to do. The reality is very different.

If your house is owned by your children, this means it’s their asset and you are no longer the owners.

Which means should they divorce it will be used in the financial settlement award to the other spouse. If they get into debt it will be used as an asset to settle this. If they like, they can re-mortgage or secure finance against it.

They can sell your home without any consent from you, leaving you without the roof that you worked hard to put over your heads.

It will all go to my Partner won’t it?

Well, unfortunately unless you own your property and bank accounts as Joint owners then this may not happen as English Law doesn’t recognise “Common Law” no matter how long you have been together. They only way that you can guarantee they will get what you want them to have is by writing a Will.

I made a Will leaving something to my children before I got married.

In an age where blended families are common, many people are surprised that the act of Marriage invalidates your will, so even if you made one previous to your wedding then you will die intestate. That means that the law leaves the first £270,000 and half of everything else to your new Spouse. Also, once someone has inherited, its theirs to do with as they please and a surprisingly high number of step children are either accidentally or deliberately disinherited.

We aren’t old enough for LPAs or a Will.

None of us like to think there will be a time when we can’t manage without help, whether that be someone doing your shopping or paying your bills. Or even worse who will look after your loved ones when you can’t.

Unfortunately, dozens of people in their 40’s are being diagnosed with dementia, some as young as 23.

That’s without the effects that Viruses like CV19 can cause leading to long term care needs.

Also, accidents happen and none of us have a crystal ball to foresee what’s around the corner.

All of these situations can be easily dealt with by an informal chat, my job is to give you advice, how I earn my living is if you chose to take me up on this.