Your guide to the UK Trust Register changes

Four Oaks Legal Services has created an information leaflet that explains the UK Trust Register changes that are taking place this year.

The leaflet looks at whether the trust that you look after (as a trustee) or the trust that you created (as a settlor) needs to be registered and how to do it. The information leaflet can be downloaded here.

The UK Trust Register is simply a central record of information held by HMRC relating to trusts.  Prior to 1st September 2021, only trusts that had a UK tax liability needed to register.  However, the rules have now changed and the scope of the trust register has increased, and more trusts are required to register. The changes impact new trusts and existing trusts and HMRC may impose penalties if a trust does not register by the deadline.

Is COVID changing how we plan for the future?

Family surrounding a dog in a garden

Writing a Will has three major benefits:

  • You can ensure your wishes are carried out.
  • Personal bequests got to the people and charities that you want to benefit.
  • You don’t leave a stressful situation for family and friends to sort out after your death.

The difficult times we have lived through since March 2020 appear to have prompted more people to draw up Wills.

Will writing service Farewill reported a 267% increase in people making a Will from home compared to 2019.  There have also been reports of more disputes over Wills.

Insurers Legal & General decided to launch a survey to find out how our views on making Wills may have changed since COVID-19 emerged.

How old are the people who are making Wills?

Some couples have sensibly made Wills when they start living together, when they take on their first joint mortgage, or when they marry. It’s something we recommend. It’s not always the case that your estate passes to your partner if you are not married.

Traditionally, making a Will has been something that many people only think about later in life when their house has increased in value and they have acquired some savings perhaps.

Legal & General found that about 39% of people aged 25 to 34 have a Will, compared to 61% who don’t. The average across all UK adults is that 47% have a Will, and 53% don’t.

But, attitudes are changing with more than a fifth (22%) of respondents aged 16-24 strongly agreeing that their perspective on Will writing had changed since the pandemic.

Among those who said they had updated their Will recently, 18% of young people (aged 16-24) said they did so after falling ill from COVID-19. Only 1% of respondents who were 55 and over said that was why they had updated their Will.

Why make a Will?

Legal & General’s survey asked people to give their top reasons for making a Will.

Some 47% of respondents said an important reason was to make sure their assets were left to the right people while 43% said it was to ensure that their family was provided for financially. Being able to specify who would manage their financial affairs was a reason for 32% of people and 18% said it was so they could say who would look after their children.

Moving down the list, other top reasons were: to avoid paying more inheritance tax than necessary (13%); ‘the pandemic has made me more aware of my mortality’ (12%) and to give to charity (9%).

Our four-legged friends

As dog-lovers ourselves, we were interested to see that 9% of people gave the reason ‘to state who should care for my pets’.

The survey found that overall 5% of respondents said they would be leaving assets to provide for their dog, cat or other pet companion. The percentage rose to 15% in the 16-24 age group – the highest out of any other age group. Perhaps this was influenced by the trend of buying pets since Covid-19 was identified. The Pet Food Manufacturers’ Associations claims that 3.2 million pets were bought during lockdown.

What would make you write your Will?

In answer to the question ‘If you do not have a Will, what would make you write one?’ some 35% of people said it would be if they came into money. We believe that people often underestimate the value of what they have to leave.

Four Oaks Solicitor Joanna Parkin said: “We would advise anyone who has not yet made a Will to talk to a solicitor to understand exactly what makes up your Estate. It could be more than you think – and most people want to be in control of who benefits.”

Falling ill, getting older or having children were also popular reasons that those without Wills gave for what might make them change their minds.

Joanna added: “None of us know what the future holds, and the pandemic has made a lot of people realise that, but there are still many people who have not made a Will. My colleagues and I work hard to make the process as easy and pleasant as possible, and many clients tell us that once they’ve made a Will they feel a powerful sense of relief and peace of mind.”

The full Legal & General survey press release can be read at www.legalandgeneral.com/insurance/over-50-life-insurance/wills/planning-for-future

We are available to talk through options with you and advise you on how to structure your Will to achieve your aims.

Image by CDC on Unsplash.

Simple or complicated, what’s your Will type?

Photo of a man carrying children through a field

Search online for ‘simple’, ‘free’ or ‘cheap’ will writing and you’ll be presented with a range of website results including sponsored adverts promising that you can sort everything in five minutes flat.

In theory, you could scribble who you want to leave your earthly goods to on any scrap of paper and sign it. Then, as long as your signature is witnessed and signed by two independent adults aged 18 or over, it might be legally binding. But does that mean it’s a good idea?

One step up from that are the DIY kits you can buy from stationery shops and online that allow you to write your own Last Will and Testament.

In the digital age, many people have high expectations of doing things at the click of a button. As a result, online will writing services have become popular, especially since the start of the pandemic. These online services range from quick and basic online templates to more detailed customer journeys where you will be asked questions to find out more about your personal circumstances and finally options where you can speak to an advisor through a phone or online call.

When should you NOT consider a DIY online Will?

Circumstances that make a will more complicated, so that a DIY online option would NOT be recommended include:

  • If you have people who are financially dependent on you, other than your immediate family, such as children from previous relationships.
  • If you own a property abroad or have overseas investments or bank accounts.
  • If you own a business.
  • If you have wishes that are slightly complicated or open to misinterpretation.
  • If you want to try to reduce the Inheritance Tax obligations of your loved ones.

The clear difference that puts clients first

Solicitors at Four Oaks are all legally qualified and experienced and Adam Penn also holds a Diploma in Trusts and Estates from STEP (the Society of Trust and Estate Practitioners). This is the gold standard qualification in the industry.

Experience tells us what questions to ask to really understand the situations of our clients and to advise them if their instructions are likely to result in heartache for loved ones in later years.

A recent survey by independent research and consultancy firm Funeral Solution Expert found that 65% of UK consumers who believe their affairs are simple, actually have much more complex needs when it comes to their Will.

We recognize that some traditional law firms may have driven people towards online will writing services and DIY options because of complicated fee structures, slow response times and the hassle of getting an appointment. At Four Oaks Legal Services, we set out from the start to be clearly different. We are upfront about our fees and we are happy to arrange appointments outside normal office hours and to take instructions in the homes of our clients if it is difficult for them to get to us.

Who Cares?

Care homes are increasingly asking potential residents of their homes to ensure that the resident has Lasting Powers of Attorney (LPAs) in place.  We have had a number of cases recently where clients have asked us to assist with this due to requests from the care home management team.  But why?

 

LPAs are legal documents which allow a person to appoint another person or a number of people to act on their behalf in relation to either (or both) their financial affairs or their health and welfare, usually when the donor of the power is finding it difficult to, or cannot, deal with these matters themselves. 

Putting in place an LPA is a valuable arrangement, particularly for care home providers.  If a potential resident has arranged a legal appointment of another person, the care home can deal with that appointed person, should their resident no longer be able to make decisions about their finances or their own welfare issues.  This means that delays are avoided when immediate decisions need to be made and access to funding is required. 

Without a Property & Financial Affairs LPA, the care home could be caught in ‘financial limbo’ whilst the resident’s family applies to the Court of Protection to appoint someone to manage the resident’s financial affairs. If the family is unable to pay the fees in the meantime, the care home will be placed in a difficult situation.

Without a Health & Welfare LPA, the care home may find that no-one can make decisions about the resident’s care on a day to day basis, such as whether they should visit the dentist or have their flu jab, or more major decisions about hospital care, treatment and operations.  As the care homes job is to provide care, they have to be sure those making decisions for the resident are legally authorised to do so.

With the rise in dementia-based illnesses (some 850,000 have a dementia diagnosis in the UK), care homes are naturally worrying about making sure they do the right thing by their potential and existing residents.  As it can take several months to put an LPA in place, this is why they are encouraging those with capacity to make LPAs before moving into a care home.  It can save stress and worry for the resident, and the care home, later.

If you want to discuss making a lasting power of attorney, please contact Joanna Parkin or Adam Penn on 01543 440308.

 

Boomerang Kids?

 

We all know things have changed when it comes to children flying the nest.  The price of property is a serious hurdle and many ‘children’ are remaining in, or returning to, the family home into their late 20s and 30s.  But what would happen if you died? Would they be able to stay in the home?

 

Take this example:  Peter and Jane have three children.  Two of them have left home but one, David aged 28, lives with them and shows no prospect of moving out- he has a job locally and the house is big enough for them all.  In their Wills, Peter and Jane leave the house to their three children.  In the normal course of events, the house would be sold and the sale proceeds would be split equally between the three children.  If David is still living in the house, he would have to move out as soon as the house was sold.  This might not be what Peter and Jane expect to happen.  They might not want him to move out quite so quickly and be forced to find somewhere else to live at what is already a distressing time.   So what can they do?

 

Peter and Jane could include a right to reside in their Wills allowing David to have some breathing space to find somewhere else to live when both parents have passed away.  Commonly, a right to reside lasts for anywhere between a few months and five years but it can be much longer.  A right to reside would allow David time to find another property before being forced to leave the family home.

It is always important you consider what would happen if you have got someone else living in the property with you, whether it’s an elderly relative or a boomerang kid!  If you are facing this situation, please contact us on 01543 440308 to assist you.

 

 

 

Should I Get A Solicitor to Write My Will?

The ongoing pandemic has understandably caused many people to make Wills for the very first time.  “Do It Yourself” Will-making kits have become an increasingly common means of creating a Will in recent years.  They are a cheap alternative to a professionally prepared Will.

But beware, homemade Wills may still come at a significant cost.

The recent decision in the case of Face v Cunningham has increased the likelihood of homemade Wills being challenged via the Courts.  The Court heard that the alleged Will of the late Mr Face could not possibly have been signed by the gentleman himself.  Whilst such incidents of fraud are rare, the real impact of the judgement is to reverse the burden of proof from the complainant to the estate.  In future, it is the Executors of the deceased who must take the time and trouble to issue Court proceedings to prove a Will.

This is a considerable departure from the Court’s previous position and means that homemade Wills will come under very close scrutiny in future. There is an automatic presumption that if a Will has been prepared by a Solicitor that the Will has complied with the requirements for legal execution. Home-made Wills are not afforded the same protection.

If you have a homemade Will or, like Mr Face, you have a complex family dynamic, your Will may be challenged in the Courts.  You may be able to avoid any future disputes by executing a Will prepared by a Solicitor.

Please call us on 01543 440308 if we can help.

Lasting Powers of Attorney – Refund Fees Deadline

 

We reported previously that the Office of the Public Guardian are making partial refunds to people who had paid to register their Lasting Powers of Attorney between the 1st April 2013 and the 31st March 2017.  This was due to the Office of the Public Guardian making savings on their operating costs which weren’t passed onto the public during that time.

The OPG believes there are over a million potential refunds due but the deadline to make a claim is fast approaching.  The refund scheme closes on the 1st February 2021.

If you might be due a refund and you haven’t yet made a claim, full details can be found on the Government website https://www.gov.uk/power-of-attorney-refund

Applications can be made online or by telephoning the Office of the Public Guardian on 0300 456 0300 (choose option 6).

 

The Small Business Online and Copyright

On Thursday 4th June, Four Oaks Legal Services Director, Stuart McIntosh, ran an online Zoom session aimed at small businesses.  The session covered copyright issues that affect small businesses online.  The feedback from the session was fantastic, so for those of you who missed it but would like to watch it, click on the link below.

https://drive.google.com/file/d/10GEJqiLRdyz9lJHdvvsar8bKnb1kx2UN/view?usp=sharing

If you have any questions about the issues raised in the session, please email Stuart on stuart@fouroakslegalservices.com or call him on 07969 929 452 and he will be pleased to chat to you.

Stuart McIntosh and EBM are inviting you to another webinar….

After the success of last week’s webinar, Stuart is back this week with another session for small businesses.  This time the topic will be “Your Website and Social Media Output – it is your property ?”

The webinar will take place via Zoom on Thursday 18th June at 9am.

If you would like to submit questions relating to the topic in advance of the session, please email them to info@fouroakslegalservices.com and Stuart will try to work the answers into the session for you.

The Zoom details are below if you would like to join us:-

Join Zoom Meeting
https://us02web.zoom.us/j/86963046939

Meeting ID: 869 6304 6939
Password: 389454

We look forward to seeing you there!

 

 

 

 

Stuart McIntosh of Four Oaks Legal Services in association with EBM is inviting you to an online Seminar

“THE SMALL BUSINESS ONLINE and COPYRIGHT.”

Because of the pandemic, small businesses should be looking carefully at the way they do business and how they may benefit from increasing use of online facilities. Stuart McIntosh, from Four Oaks Legal Services in Lichfield, invites you to attend a virtual seminar covering some of the key legal issues that small business owners need to know in order to keep them from falling foul of the law of copyright.

Time: Thursday June 4, 2020 09:00 AM London

Join Zoom Meeting
https://us02web.zoom.us/j/84227439571 

Meeting ID: 842 2743 9571
Password: 713713

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