New Year can be a great time to start estate planning. It can feel like you are getting ahead on organising your affairs, and is an opportunity to reflect on any changes in your life that have taken place over the last year. If your New Year’s resolution is to get your affairs in order, this article is a good place to start. Here we run through some of the key things you need to consider during the estate planning process.
Write or update your Will
Firstly, if you do not have a Will, you should start by making one. The process of making a Will involves much more than just writing the document. You will need to:
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- Consider all of your assets, including identifying any foreign assets, bank accounts, business interests, and anything else of value.
- Determine who you would like to be included in your Will and to what extent.
- Discuss your wishes with your loved ones, who may have questions or even suggestions about how your estate should be managed or distributed.
- Choose your executors.
- Discuss your instructions with your solicitor.
Power of Attorney
We would also always recommend setting up a Power of Attorney, even if you are in good health - you never know what may happen in the future. A Power of Attorney is like an insurance policy; you hope that you will never need to use it, but it can be an incredibly powerful tool if you need it. Setting up a Power of Attorney is simple, and you should consider the following points:
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- Consider who you would like to be your financial attorney(s) and who you wish to be your welfare attorney(s). These can be the same person if you want.
- Discuss the role of attorney with those you wish to act for you and ensure that they are willing to act. If not, you may need to choose a different person for the role.
- Consider your specific wishes in relation to your financial affairs and your care. Care includes making decisions on where you live, what you wear, and how you live your day-to-day life. You should discuss these wishes with your attorney(s) to ensure they understand and are fully prepared to carry out the role.
- Provide your attorney with everything they need to carry out the role when the time comes. For example, show them where you keep any important documentation.
In Scotland, a solicitor or doctor must certify that you understand the nature and extent of the powers that you are granting and we would be delighted to assist both with preparing the document and completing the signing formalities with you. Once the document has been signed, it must be submitted to the Office of the Public Guardian for registration.
Succession and tax planning
While writing a Will is an excellent start to estate planning, if your assets extend beyond your home and savings, you may benefit from a full review of your personal affairs. An important part of the estate planning process is to maximise the value of the estate available to pass onto the next generation and to mitigate any tax liabilities. Tax planning can be complicated, so working with an experienced professional is important.
Specialist Estate Planning Lawyers, Edinburgh
Adam Swayne is a solicitor within our Asset Protection Group and specialises in estate planning and Wills.
By putting in place a Will, you ensure that you control who will administer your estate and who will benefit from your estate, guaranteeing that your estate is distributed in line with your wishes and avoiding the risk of disputes, unnecessary stress, and increased administration costs.
If this article has raised any questions or you would like to discuss any issues covered here, then please complete our contact form, or call us on 0131 225 1200 to speak to one of our specialist estate planning lawyers.
Murray Beith Murray was established in 1849 as advisors for generations of clients, committed to our values of integrity, expertise and trust. This aim and these values continue to this day, as does our commitment to be here when you need us.
View our asset protection group here.