Additional Will Services
Many clients choose to detail the level of care that they wish to receive should they suffer a catastrophic medical emergency. A Living Will (or Advance Directive) allows you to leave clear instructions for your doctors in the case of a life threatening or terminal medical emergency. One of the primary reasons for this is to remove the decision-making responsibility from family or friends.
With Redstone Wills, Advance Directives are easy to arrange and are a standard component of most Estate Planning and Will writing packages.
Setting up Trusts in your Will.
Establishing a Trust in your Will can be extremely valuable in Estate Planning terms for a number of different reasons. When it comes to protecting assets and controlling the distribution of your Estate, Will Trusts are essential and we provide a variety of different solutions depending upon your objectives.
Despite changes in Taxation policy in October 2007, there are still very valuable reasons for establishing Trusts in your Will. Furthermore having certain assets ring fenced in a Trust environment can ensure that your children are not disinherited through remarriage after your death, and therefore ensures that they are protected from subsequent divorce settlements too. Should a surviving partner become infirm and need to go into long-term care, funds in Trust would not feature in terms of Local Authority means testing.
In terms of saving Inheritance Tax, by putting funds into a Trust on your death, you can ensure that your children benefit without running the risk of the fund creating an additional Inheritance Tax burden in the future. In addition to Will Trusts we offer a variety of lifetime Trusts such as Discretionary Trusts (Relevant Property Trusts) and Interest in Possession Trusts. Redstone Wills are also able to act as a Professional Trustee so that we can administer the schemes that we set up for clients.
What is a Home Protection Trust (HPT)?
An HPT is a specialist trust which you can set up to help safeguard your home from being sold against your wishes. This can sometimes happen at the end of your life if you need to go into a care home and there are fees to be paid.
With an HPT, you retain control over your property for the rest of your life; an HPT can be used even when there is a mortgage on your home. Despite this, an HPT is reversible; you are free to change your mind whenever you choose and put things back just the way they were before.* (subject to fees)
Why choose Redstone Wills for your HPT?
As already mentioned, a properly set up HPT may help to protect your assets for example if local authorities are seeking funding for care home fees. HPTs are not appropriate for everyone, however. They must be set up properly and at the right time in order for you to benefit – this is where Redstone Wills can help you gain the most out of your HPT.
No need for probate
Depending on how the trust needs to be set up, it could avoid the expense and possible time delay of probate which may not be necessary if you have an HPT.
Protect assets for your children and grandchildren
Sadly, relationships sometimes fall apart. After divorce or bereavement, be reassured that with an HPT you can safeguard some or all of your children’s inheritance should your new relationship fail.
With an HPT, only named people can inherit. If your children divorce, then you can protect assets so that only they and your grandchildren benefit, not ex-spouses.
Prevent claims against your estate
With an HPT, you can exclude someone from your estate who would otherwise have a claim against your assets. This could be an estranged child, a parent or other relative. With no claim possible, the situation is clear-cut, and lengthy court proceedings and the ensuing costs will not arise.
Minimise inheritance tax
Putting your assets into a trust reduces future generations exposure to inheritance tax.
Protect your assets from bankruptcy
If you run into serious debt, an HPT can help. It won’t prevent you from being declared bankrupt, but it may save your assets from being used to pay your creditors. (Please note that it is not possible to do this if you know you may be declared bankrupt in the near future).