It isn’t a trade secret that writing a Will is essential for both the financial and emotional security of your client. It ensures that their money, assets, property, and possessions go to the people and causes most important to them.
However, it is the quality of such documents which takes a Will from a standard piece of estate planning material to a truly strong and effective tool for both you and your client, who is trusting you with the handling of their estate. It is vital that the drafting of such specified and valuable documents is carefully considered by a team of well-trained and experienced professionals. A lack of detailing and the inclusion of discrepancies can leave both your business and your trusting client to face vulnerability and invalidity. With the fierce commercial economic climate of the 21 century, we must provide those in need with the protection that they deserve. At TrustDocs we take pride in our ethics, ethos, and ability to efficiently produce an array of structurally sound and well-considered Wills.
1. The Underlying Necessity of a Will
For many, the concept of a Will can be daunting and becomes tainted with presumptions and reservations. Writing a Will tends to pair with the idea of unnecessary paperwork, expenses and a thought process which many people aren’t prepared to engage with. This outlook is understandable, where the consequences are not immediate and the negative implications of not having a Will are not often outlined. However, the rules of intestacy which present themselves in the face of negligence are more prominent than one might think.
2. Definition of Intestacy
Administration of an estate in the case of intestacy can mean higher legal fees and a delay in proceedings. Not only does this negatively impact the client’s loved ones upon their death, but this process provides no promise or stability for the client whose estate is left for distribution and inheritance. If someone dies intestate, there are no clear instructions for the nomination of a guardian when a child is left parentless, leaving a distinct emotional stress and a potentially damaging environment for surviving loved ones.
An additional aspect is the lack of inheritance between partners who are not married or those in a civil partnership which hasn’t been registered. Intestacy doesn’t consider a transferral of assets between those who are not legally married, leaving grieving partners at a financial and emotional risk upon the death of their loved one.
There is very little security, flexibility and, in some cases, reasonability within the rules of intestacy. The active role that one can take in the distribution of their estate through the writing of a Will is entirely absent. Distribution of estate becomes a matter of law as to how inheritance proceedings will take place, and this is commonly not in alliance with the wishes of the deceased.
A Will places the agency in the hands of the client and allows them to outline their specific wants and needs. Without this document and the correct detailing, your client forfeits the chance to leave any portion of their estate to chosen friends, distant family members or specified charities. The protocol of intestacy does not give any individual the chance for independent, conscious decision-making.
With the writing of a Will, your client is given the opportunity to outline their funeral wishes and ensure that this monumental event is carried out in accordance, for the benefit of themselves and their cherished family.
With a Will in place, your client faces no risk of discrepancies or disputes as their wishes are clearly outlined within a valid document. Not only does this benefit them financially, but they can also rest assured that there is a structurally sound plan written for them and their loved ones to guide them in a time of grief.
“A Will places the agency in the hands of the client and allows them to outline their specific wants and needs.”
3. The Financial Implications and Benefits
Writing a Will is hugely beneficial to tackle the age-old issue of Inheritance Tax, which in turn will further build upon encouraging a sound piece of mind for your client. In most cases, Inheritance Tax– otherwise more grimly known as ‘Death Tax’ within the media- can be avoided when the deceased leaves their estate to a specified beneficiary. This is commonly the spouse of the client but can be anyone written into the Will. Most frequently a ‘Mirror Will‘ is recommended to those who plan on leaving most of their estate to their partner. Leaving as much of the estate as possible in the hands of chosen executors and beneficiaries means that increased paperwork and legal fees are avoided, and the client’s inheritors face fewer, if any, financial damages.
If your client were to leave their estate to their lineal descendants (i.e. children and grandchildren), in some cases they would be eligible for a higher allowance of transferral.
This is often referred to as the ‘Residence Nil Rate Band’ (RNRB) and means that the client can facilitate inheritance for their loved ones without facing tax implications. Looking at the specifics, the Nil Rate Band (NRB) stands as an allowance of £325,000 which can be transferred to the client’s loved ones, tax-free. With correct estate planning measures, this figure can be increased to £500,000, giving the client much more breathing room and the chance to benefit their loved ones without the stress of this sum being minimalised upon their death.
On the flip side, the balancing of financial distribution between the client’s spouse and children under the rules of intestacy is disproportionate and unavoidable. This could very feasibly act against the inherent wishes of the client and cannot be reversed if they haven’t outlined their requirements through a well-written Will. If a client dies intestate, it is a formality that their spouse, in the case that they are married, will inherit the first £270,00 of their estate. Of course, if the estate sits below this figure then that can leave the client’s children with either a very minimal inheritance sum, or nothing at all. In the case of Grandchildren, they have no eligibility for inheritance at all, unless their parent passes away and they then may inherit on their behalf.
These processes disadvantage the client because they have no assurance that their loved ones will benefit from their well-earned estate. Those left behind are also not protected financially and emotionally in the way that they should be and would be with a proper Will in place.
4. The Importance of High-Quality Document Production
Sincerity lies at the heart of a Will’s writing. It is crucial that the client’s wishes are taken into full consideration, without outside influence or unnecessary and unwelcome alterations. To counteract these damages there needs to be a high level of detailing and an effective drafting process which doesn’t allow room for error or discrepancies.
There are certain precautions and necessities that establish the validity of a Will. It must be signed by the client in the presence of two or more witnesses who will then also consequently sign the document. These individuals cannot be beneficiaries of the Will or be a spouse of any beneficiary otherwise they forfeit their right to inheritance. This ruling isn’t as severe in the case of an executor but they are strongly advised against being a witness to the signing. The client who is responsible for writing the document must be of full mental capacity; their decision-making must be independent and considered. In some cases, someone can sign a Will on behalf of the client as long as both parties are present and the action is a result of direct and explicit instruction from the client. As a formality, any previous Wills made by the client must be revoked upon the production and singing of the updated estate planning document. We must outline these elements of the documentation process to ensure that the client’s time and money aren’t wasted if their finely detailed and established Will is made invalid in the face of errors and discrepancies upon finalising the document. Without good advice and proper conduct, the distribution of the estate can be taken out of the hands of the client.
“It is crucial that the client’s wishes are taken into full consideration, without outside influence or unnecessary and unwelcome alterations.”
5. The Consequences of a Poorly Written Will
A poorly written Will does not properly define and align with the wishes of the client. In some cases, a Will can be forged, or the deceased will face pressure and manipulation to detail the distribution of their estate in a manner which makes them uncomfortable or dissatisfied, this is known as ‘undue influence‘. It is vital that one establishes the true origins of wanted distribution and entirely avoid the risk of writing a Will which will not benefit and- in some cases- significantly disadvantage the client.
Reflecting upon the formal details of document production, the validity and value of the Will lies in the necessity of detail, and this is where TrustDocs ensures the very best for you and your client.
How Can TrustDocs Better, Broaden and Benefit Your Business?
At TrustDocs we ensure that every document produced is double-checked with a keen eye and only submitted to the consultant when a unanimous approval of quality is established.
A well-made Will is consistent with correct grammar, punctuation, spacing, detailing, aesthetic and well-considered content. For example, the essential signing of a Will is precautioned with the specified writing and spacing of the Will. The appropriate gaps left for signing are input to match the number of witnesses written into the document, ensuring that nothing is missed, and the witnessing of signatures is entirely valid.
We hold regular training sessions at TrustDocs to ensure that the quality of our Wills is kept up to TrustDocs’ high standards. We also ensure that all information detailed in the Will is copied with care, directly from the original identification documents of the client and executors themselves. This way there is no room for the misspelling of names, addresses or confusion regarding dates.
Supporting documentation is requested when necessary to ensure that all detailing is entirely valid, specified and correct. Nothing is left ambiguous when it comes to writing such life-altering documents.
Our experienced production team are faced with a range of complex conditions and is well-practised in writing high-quality documents that include the challenges of familial complications, financial complications, and finely detailed wishes of the client. We are adaptable to change and can make any and all amendments upon request, at any point within the process. We facilitate this with an open and constant channel of communication between ourselves and the consultants who trust us to carry out their drafting.
Having highlighted the importance of validity, we understand the absolute need for thorough and effective processes and make sure to check every single document produced here at our head office in Birchwood. We are passionate about our purpose and hold the importance of high-quality documents for the benefit of the public, at the base and heart of our company.
“We are passionate about our purpose and hold the importance of high-quality documents for the benefit of the public, at the base and heart of our company.”
Conclusion
Writing a Will is a necessity to provide your client’s loved ones with the guidance they need in a time of grief. There should be no room for debate on clarity or detailing of your client’s wishes, so we at TrustDocs are here to work with you to assist your client in making their wishes heard.
To ensure your client and their loved ones avoid the emotional challenges and higher legal fees associated with Intestacy, a Will is essential.
Without a Will, the distribution of assets and estate becomes a legal procedure which may not be in accordance with the wishes of your client. Unmarried partners may be left without security due to Intestacy’s lack of consideration for inheritance between unmarried partners. Specific wishes regarding the nomination of guardianship over children or even preferences for funeral procedures are absent in the case of Intestacy. Your client deserves the freedom to outline their specific wishes, wants and requirements that a Will offers, and we want to help you provide them with this agency.
Using our high-quality document production service can give your client the peace of mind that their assets will be distributed in the way they intend. A well-written Will produced by TrustDocs can shelter your client’s assets from Inheritance Tax, ensuring that beneficiaries are not significantly affected by financial damages.
At TrustDocs, we provide you with the help you require to produce a high-quality document that accounts for all of your client’s wishes. We understand that every situation is unique, so our experienced team will always ensure complicated family or financial situations are dealt with effectively and efficiently through well-considered content and a vigorous checking process that leaves no room for disparities.
TrustDocs will produce the documents you need to provide your clients with clarity and certainty that their wishes are understood. Trust us to be your document service provider and we can promise you that we won’t let you down.
