Do we still need Nil Rate Band Discretionary Trusts in our Wills?
Every individual can gift up to what is known as the Nil Rate Band (which is currently £325,000) on their death before their estate becomes subject to Inheritance Tax. Any amount gifted in excess of the Nil Rate Band is taxed at the current rate of 40% unless passing to an exempt beneficiary such as a spouse or charity.
The importance of making a Will for unmarried couples
The number of cohabiting family households have doubled since 1997 yet there is no legislation in England and Wales that adequately protects such couples on death. Unmarried couples do not have the same rights as married couples especially when it comes to death and inheritance no matter how long you have been together.
What happens when someone dies without a Will?
When someone dies without making a Will (or their Will is invalid), their estate is dealt with under the rules of intestacy. This means that their estate is not always given to their person of choice and will be distributed in accordance with an order set by the intestacy rules.
Can I Disinherit My Spouse & Children From My Estate When I Die?
The short answer is yes you can as long as you understand the consequences of doing so. Often people choose to disinherit loved ones because of a dispute or a break down in relationship.
Why Do I Need a Will?
Most people believe that when they die, their assets will automatically pass to their loved ones and that they do not need to make a Will.
Others believe that partners and step children will also inherit from their estate if they do not leave a Will.
Some people also believe their nearest and dearest will ensure everyone is provided for.