From the BBC synopsis:
“A new TV series starts on Friday at 9pm on BBC 2, in which Gerry Robinson helps two families torn over what to write in their wills.
Lesley wants to leave half the family home to charity, but husband David wants all of it to be left to his two sons by a previous marriage. Meanwhile, army major Tom is bound for Baghdad, and urgently needs to make a will that includes his two stepdaughters. But his new wife Kiera is against the principle of inheritance and would rather leave everything they jointly own to charity.
Sir Gerry is assisted by top lawyer Sue Medder, who sets out the legal options in each case, and writes the final wills. And Sir Gerry gets all the family involved in the debate, because keeping problems secret is no way to solve them.
Deciding who gets what in a will can be one of the toughest choices anyone can have to make. But making no decisions at all and dying without a will can cause rifts that tear families apart.”
At Paris Smith we encourage all our clients to write a Will whatever their family circumstances. We provide personalised advice to ensure that your estate will pass in accordance with your wishes, and in a tax efficient manner. If you would like further advice on Wills please contact Amanda Scally.
A related matter: my husband died in 2009 with myself as executor (my daughters being busy and signing waivers). I was shocked to find that investment companies sent cheques made out personally to me as executor. In fact I was also the sole beneficiary, but in other cases, is there total reliance on executors being trustworthy and paying over the sums to the beneficiaries? If so, the need for careful choice of executors needs highlighting along with the need to make a will.
It is certainly the case that the role of the executor is a very important one and requires a trustworthy person or persons to carry it out. The Executor(s) job is to gather in the entire estate and then distribute it in accordance with the terms of the Will. So any assets in the estate will be released to the executor in the first instance. It is very important to choose the right person or persons. This is all part of making a Will and if you are properly advised, the person writing the Will will discuss these issues with you.
Please stress that the will is kept safely by a reputable solicitor. Only a copy is held by the person making the will or the family. Otherwise you you will have the experience I had where a step sister attempted to lose the will. She stripped the house stole 29,000 GBP, also 20,000 GBP of jewellery and attempted to cash 11,000 GBP of National Savings Certificates and the deeds of a property worth 130,000 GBP recently fraudulently sold! Now the subject of litigation and heading for a police investigation. I was the named executor, what a job!
On the BBC’s ‘One Show’ this evening (24.1.11), they highlighted a case where a lady had left her farm completely to the RSPCA in her will, rather than to her daughter. Her will was perfectly correctly drawn up by a solicitor and the lady had signed it. Her disgruntled daughter contested the will through the courts and won (and this was the One Show’s happy ending; that’s where they left it) – but wait a minute, isn’t a will supposed to be legally binding? Shouldn’t the RSPCA have been the beneficiary in this case?
Ade
The RSPCA case you are referring to I believe is Gill v RSPCA. You are correct that the court did overturn the Will which originally left the farm to the RSPCA. The facts in this case are quite exceptional and it does not mean that any Will which leaves assets to a charity rather than a family member can be challenged. The ruling was given in this case because the court decided that the Will should be set aside because it had been made with the undue influence of Mrs Gill’s father. Also Mrs Gill had relied on promises that the farm would ulitmately be left to her. What this case does show is that when making a Will it is very important that a solicitor takes full and detailed instructions. In some cases where a husband and wife are making Wills they may need to have seperate meetings.
Yes we recommend to all our clients that we hold the original Will and provide them with a copy. We also encourage our clients to register their Will on a national database.
I have found the programme very interesting & at the moment quite pertinent. My sister & I are due to travel down to see our father as he wishes to discuss his will. We are both quite aware that he plans on leaving everything to my younger half sister which is very distressing not because of the money more to do with the emotions relating to it & his neglect through the years which his current decision reinforces.
The programme has certainly made me think how best to speak to my father to try to make him understand how his decision will effect us.
Yes the programme is highlighting many really important issues which are often not discussed. All too often we find members of a family are not treated the same in a Will and this can lead to long term family bitterness. As a solicitor I always try to find out the reason behind any difference in treatment and, if possible, encourage this to be discussed or recorded. As you point out, it is often a person’s hurt feelings at being in their eyes “excluded” which can cause more upset than the monetary loss. I do hope you resolve things in your family, the fact that you are discussing these issues is a positive start.
I have found the series very interesting but think that Gerry Robinson should have started by explaining clearly what happens when a person dies intestate – how the Solicitor General becomes Executor charging for his services and distributing assets according to set guidelines.
I have just watched the episode in which a farmer and his wife were trying to decide how to leave their £4,000,000 farm fairly between their four children (3 boys who work on the farm and 1 girl who does not). I am frustrated that the programme made no mention of the inheritance tax implications as surely the beneficiaries will have to raise in excess of £1,600,000 to cover this ( as there were other properties involved also). Surely this would require the farm to be sold anyway whereas the major concern of the parents was that the farm was kept in tact. It seems strange that a programme devoted to dealing with inheritance, avoids mentioning one of the key issues i.e. tax.
Yes this programme is focussing on making a Will but it is important to be clear about what happens if a person does not make a valid Will. In this case they are said to die “intestate” and there are rules about who is entitled to their estate. Who receives their estate depends on the value of the estate and the family they leave, but the rules can throw up problems. For example, if a person has lived with their partner for many years and has children with them but they are not married, the children will inherit their estate and their partner will receive nothing. Also if a person has a large estate and are married but without children, then their spouse will not receive the whole of their estate, their parents would take a share.
The intestacy rules enable those entitled to the estate to apply for Letters of Administration which enable you to administer the estate (and act in a similar capacity to an executor). The Treasury Solicitor will only get involved if the deceased has no family able to apply for Letters of Administration.
It is really important to think about what you would like to happen to your estate on your death and to write a Will, as this is the only way you can ensure that your wishes will be carried out on your death.
I agree that not mentioning inheritance tax is a bit misleading as this is a very important issue to many people when making a Will. It may be that tax was outside the scope of the programme, or they may have considered that Agricultural Property Relief would apply to the farm (although unlikely to apply to the other properties) and therefore it would pass free of inheritance tax.
Inheritance tax is a big concern for many clients and there are lots of issues to consider such as the extent to which inheritance tax can be minimised, eg by gifts and investment in inheritance tax efficient investments, how any inheritance tax due will be paid on death and should any gifts in a Will be free of or subject to inheritance tax. These are just some of the considerations, when you make a Will with a professional they will consider the impact of inheritance tax on your estate and advise you accordingly.
I missed the episode relating to inheritance tax. please can anyone tell me how I can obtain a copy of the programme. Many Thanks
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