It is said that the average ‘lifespan’ of a will is about eight years. This means that, eight years or so after you have initially written it, something within it is likely to be out of date. So although a will can generally be written and then ‘forgotten’, there are times when it is important to remember it, and update it. Otherwise, there could be serious problems and delays when it is time to execute the will and grant probate.
You should update your will if something major happens in your life. This could include a marriage. If you already have a will and then you marry, if you don’t specifically mention your marriage within the will then your will be revoked automatically. An update is also required if you divorce or separate. Unless you want your former spouse to receive part of your estate, you will need to ensure that they don’t with specific mention within your will. Or perhaps, despite a split, you still want them to inherit something. Making a will after the divorce will ensure that your family understand this is exactly what you wanted.
If you have children then you will also need to update your will, as it is likely that you will want them to inherit at least part of your estate. Once they have reached the age of 18, you will need to remove any part of your will that mentions guardianship, as they will no longer need it. Plus, once your children are 18 or over, they can be appointed as your executor, which may be something you want to do.
What happens if someone you wanted to inherit from you dies, or if you fall out with them and no longer wish them to inherit? They will need to be taken out of your will, which can have a knock-on effect on other beneficiaries.
If you receive a large amount of money, such as with an inheritance, you should have another look at your will as your estate might be subject to inheritance tax. If you are not sure, then don’t forget that you can make an appointment with a will writing expert (such as IWC) to go through everything with you, and ensure that your will is exactly as you want and need it to be.
Mention the word ‘will’ or the term ‘will writing’ and you might imagine that the majority of people would know exactly what you mean. However, you would be wrong. A survey recently carried out by Macmillan Cancer Support suggests that a huge 98 percent of people can’t actually describe what a will is really used for.
The same survey also said that although almost 70 percent of people like to plan ahead, and just under half are happy to talk about what they want to happen before, during, and after their death, still just 40 percent of the adult population of the UK have written their wills. And maybe the two things are connected – perhaps it is the misunderstanding about what a will is for that is causing people to not write one, when in reality everyone should do exactly that.
The misunderstandings that come with the idea of will writing include thinking that you have to be over a certain age (40 is the one that most cite) before you can write one. This is borne out with evidence that shows that 80 percent of 18-34 year olds don’t have a will compared to just 32 percent of those over 55. Another confusion is the cost of will writing. It is often assumed that will writing is a very expensive process, when in reality the cost of usually a lot less than people think.
But the problem comes when people think wills are solely about money. And those who have very little in savings or no assets therefore don’t think that a will is relevant to them, or their families. This is now the case, however. Wills are about more than who gets what. They can also set out what the deceased would like to have happen after their death, and this is especially important if children are involved.
If you are unsure about what a will is really for, and whether having one would benefit you or your loved ones, speak to an expert such as IWC for more information.
Contrary to what many people believe, Jersey is not actually part of the United Kingdom. This means that, when someone dies leaving behind any kind of asset in Jersey, two different sets of probate may need to be granted – one for the UK and one for Jersey. This can take a long time as not only does the executor need to attend the Jersey court in person, but they will have to wait until an appointment becomes available.
If this is not possible, or if probate needs to be sped up, then IWC can help. We offer a fast track service for Jersey probate in partnership with our trusted agents. All that is needed is for the Grant of Representation (the document that allows someone to execute an estate) to have been issued. Once this is done, an application to obtain a Greffier’s Certificate can be made. A Greffier’s Certificate is a form of grant of probate that allows a third party to attend court in the place of the executor – this is part of IWC’s Jersey fast track service.
Other documents required to obtain probate in Jersey are a sealed and certified copy of the will in question, an original death certificate, evidence of assets based in Jersey (such as a letter from the deceased’s bank or a mortgage statement), proof that all fees due have been paid to both the UK probate service and the Royal Court of Jersey, and the executor’s oath. These documents, together with the sealed and certified Grant of Representation, must be presented to the Jersey courts.
From beginning to end, the fast track Jersey probate service will take around 7 working days. Using the standard route will take considerably longer.
If you have any questions about probate in Jersey, what you need to do, or whether IWC can help with the fast track process, please do not hesitate to get in touch.
Although most wills are executed without any major issues, and probate is granted, there are some circumstances in which additional delays will happen as checks will need to be carried out. One of these times is when one of the beneficiaries or the executor themselves has been declared bankrupt. There are some essential steps that will need to be carried out in order to the delays to be kept to a minimum.
The main problem is that, due to any kind of bankruptcy order, the beneficiary may not be able to receive their inheritance; it may have to go towards paying off debts or other such things. And it could also be that anyone who is bankrupt may not be able to take on the role of executor due to their bankruptcy order, and this is especially true if they need to oversee the sale of a property. Beneficiaries may also have concerns over someone who has had issues with money in the past dealing with the distribution of the estate.
Of course, the deceased may not have been aware of the bankruptcy as it is often something that people keep to themselves. This does, however, have implications later down the line. Often with an inheritance, the money would need to be paid to the ‘trustee in bankruptcy’ rather than the beneficiary instead, and if the beneficiary were paid, the trustee could sue the executor for the same amount. This is why bankruptcy checks need to be carried out on executors and beneficiaries.
However, what can be done if the beneficiaries are living abroad? It is no longer a question of a straightforward search with the Land Charges Register. The Land Charges Register will only show bankruptcies that have occurred in England and Wales, not any further abroad.
In order to find out whether a beneficiary living abroad has been declared bankrupt and has a bankruptcy order on them, you should contact an expert who can carry out the necessary searches for you. IWC can offer this service, meaning that delays are kept to a minimum and probate can be granted quickly.
Resealing probate is a strange term, and not one that many people are too familiar with. After all, why should they be when probate itself is such a rare thing for them to need to be involved with? But it is an important thing to understand if you are dealing with the estate of someone who died in a Commonwealth country, including Australia.
Probate will need to be resealed if someone has died in a Commonwealth country yet still has some assets (perhaps property, which is common) in the UK, or if they died in the UK but have assets overseas. Resealing probate is the process by which property and possessions are released into probate in a different jurisdiction. It means, to put it simply, that probate happens once (and a Grant of Probate is released), and then it needs to happen again in the second country to ensure that each branch of the deceased person’s life is covered. In this way nothing is left out of probate that could have a serious impact on the contents of the entire estate, and what the beneficiaries receive.
Australian probate resealing can take some time, as it is all dependent on the Australian court system and what is happening there. Trying to work out the ins and outs of obtaining resealed probate can be problematic and time consuming, which is why it is a service the IWC offers. We simply need to know the value of the Australian estate, and we need an original copy of the England Grant of Probate (or Letter of Administration) for the initial probate work. As well as this, we need a copy of the original death certificate, the ID for the estate’s executor. We will then be able to offer you a fixed fee quotation.
Just call us and we can start the process of resealing probate in Australia. Leave it to us.
The Medallion Guarantee, the Medallion Stamp, Gold Medallion, Medallion Signature… With so many names for one document, it’s little wonder that people can become confused about what it is, why they need it, and how to get it. At IWC we can answer all of these questions and more.
The Medallion Guarantee (one name amongst many) is required before beneficiaries can sell or transfer any shares or funds that come from Canada or America.
In order to increase security after 9/11, the Medallion Guarantee – a bar coded document – was introduced. Its main purpose is to prevent cross-border fraud, as it allows the issuing financial institution to confirm that the shares are genuine and, if a forgery is committed, they are the ones who will accept liability.
So why would someone want to transfer these funds? There are a number of reasons, but one – one that happens more and more frequently – is that, although when the shares were bought the company they relate to was an English or British company, that company was subsequently bought out by an American or Canadian company. That means that the shares are now held in a foreign company. If you want to sell these shares after someone has died, or transfer them into another name, the Medallion Guarantee is crucial; without it, the transfer or sale cannot happen.
The Medallion Guarantee is not the only document that will be required when transferring US shares after someone has died. There are many others documents, as well as numerous forms to complete – it is, we know, an arduous task. Just some of the documentation required includes the transfer of stock ownership form, a copy of the relevant death certificate, a copy of the grant of probate, the original stock certificates (this can often cause problems), an inheritance tax waiver, an affidavit to prove that the deceased was not an American citizen (or resident), and of course the Medallion Guarantee.
However, IWC can work with you, and with the American or Canadian authorities, to make this part of probate much easier and quicker. Call us on Freephone 0800 612 6105 to discuss how we can help you.
Family disputes over wills may now incur costs
With family disputes over wills on the rise, claimants should ensure that they have strong grounds for contesting a will, after one judge ruled that a failed claimant should pay costs of over £65,000.
In this groundbreaking case, millionaire Ken Jordan died, leaving his entire estate to his partner, Ms Elliott. However, his illegitimate daughter did not agree with the contents of the will and promptly entered a caveat against the estate, thereby effectively preventing Ms Elliott from obtaining a grant of probate. Despite this, she did not subsequently make a claim against the will, forcing Ms Elliott to eventually issue proceedings to prove the will, in 2014.
The daughter, Ms Simmons, argued that the will was in fact invalid, due to lack of capacity, knowledge and approval and undue influence. The case eventually went to trial in December last year, where it was found that there were no grounds for suspecting that the will was not valid. Ms Simmons had no firm evidence to support her claims, and the fact that she never actually raised a challenge to the will, meant that her argument was rejected.
In addition, Deputy Judge Murray recognised that Ms Elliott had been forced to accrue substantial legal costs and declared that the defendant should be responsible for meeting these costs, to the tune of over £65,000.
An estate cannot be distributed between heirs if the person who owns it is still alive. That makes sense. But what happens when the owner of the estate is missing, and could be dead, but there is no proof of their death? Is there something that can be done, or will the estate remain in limbo forever, unable to be inherited or sold?
Death in absentia means that someone is declared death despite gaining any direct proof of the person’s death. That means that no remains have been found, and no one has come forward with any evidence to proof that the estate owner is actually dead (or alive).
In order to be declared dead in absentia, there must be overwhelming support for the theory that the person is actually dead. For example, they may have been travelling in a plane that crashed, and everyone on board died. Their body may not have been recovered, but the theory would be that they had died. In order to pass the estate on to any heirs, there must be a court order to declare death in absentia; this order directs a doctor to complete a death certificate.
In most countries, the individual must have been missing for seven years before anything can be done regarding their estate. If, however, the estate is a significant one, it may be that a court will request a longer time to enable every avenue of investigation to be completed. The problems arising when someone who has been declared dead actually returns are huge, and cause major issues for everyone involved, not least the person whose estate has been divvied out amongst his or her heirs!
Are there really plans to bring in a ‘stealth tax’ that means probate fees could rise by up to 9,200%? It seems so. And this could bring additional hardship down on those who are already grieving and having to deal with the estate of their deceased loved one.
At the moment, probate fees are £215. This is a flat fee that is due on any estate worth more than £5,000. However, the new rates that are potentially being introduced could mean that the lowest probate tax that will be paid is £300, and this is on estates worth between £50,000 and £300,000. The rate is to be set at £20,000 for estates in the region of £2 million or more.
And although it may seem as though it is only the ‘rich’ who will have to pay such high costs, with rising property prices more and more people are being pushed into the higher bands. It is suggested that the government could raise over £250 million every year from these new tax rates, and the Department of Justice’s justification behind it is an increase in the administration behind probate since estates are often larger – and growing – and take more time to process. But is that £250 million going to go towards paying staff?
Despite the increase, it is estimated that 30,000 beneficiaries will not have to pay anything as they estates they inherit will be between £5,000 and £50,000. Under the current system they would have been liable for £215.
The new plans mean that there will be a 40% rise for estates between £50,000 and £300,000 (currently £215 this will rise to £300). For estates between £300,000 and £500,000 it is a 365% rise (£215 to £1,000). Estates between £500,000 and £1 million will see a 1,760% rise (£215 to £4,000). Estates between £1 million and £1.6 million will pay a 3,621% rise (£215 to £8,000). Between £1.6 million and £2 million it is a 5,481% rise (£215 to £12,000). And for anything over £2 million it is a 9,202% rise (£215 to £20,000).