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A Lot Can Happen in Five Years - Reviewing Your Will

It is probably true to say that, over the last ten years, more Wills have been written in the UK than in any previous decade, as personal wealth and property values have increased. Now, in these uncertain times, it is just as important to keep any provisions under review.

You choose to make a Will to ensure that your estate will be distributed as you wish, instead of according to succession law. In business and in our personal lives, we plan for the future and feel better for doing so, believing we have taken control.

Our Wills are an important part of our estate planning and should be reviewed regularly to ensure that their provisions meet current requirements. While every effort would have been made to anticipate future events when they were made, life has an uncanny habit of overturning even our best predictions.

While Wills should be reviewed following key family changes, including marriage, a civil partnership, separation, divorce and the birth or adoption of children, other circumstances may also merit a review being carried out. Examples include:-

- reconsideration of the provisions appointing Executors or Guardians for children under the age of 16;

- changes in financial circumstances as a result of an inheritance or acquisition of property, or as a result of any substantial lifetime gifts;

- a distortion in the value of existing legacies; or

- a change in domicile.

In addition to personal and financial circumstances, changes in legislation may also result in a need to review a Will, for example the “transferable nil rate band provisions” brought in by the Finance Act 2008. The introduction of these alone does not guarantee that the maximum Inheritance Tax saving will be achieved. Should your Will provide that your estate will only pass to your spouse/civil partner should they survive you for 30 days, there are circumstances where this could prevent both “nil rate bands” being fully utilized, with more tax than is necessary being paid.

Ideally, we should reconsider the provisions of our Wills at least every five years and certainly following any significant change in family or financial circumstances or change in legislation. We should not rely on any possible new Government doing anything to reduce our exposure to Inheritance Tax. There are times when only we can look after the best interests of ourselves and those with expectations.

John Scott Moncrieff

john.scottmoncrieff@murraybeith.co.uk

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