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How to Ensure Smooth Estate Planning

27 January 2025

The recent case of a will written on the back of two cardboard food packages being upheld as legally binding by the High Court serves as a reminder that estate planning doesn't have to follow traditional formats.

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While this unconventional approach was deemed valid, it can lead to unnecessary stress and complications for executors and beneficiaries. Proper preparation and organisation can help avoid confusion and ensure your wishes are carried out smoothly.

To simplify matters for your executors and loved ones, it is important to take some key steps in estate planning:

1. Organise Financial Documents: Create a clear list of assets and keep it updated. Executors should have access to this list and obtain valuations for all assets to avoid delays and complications during the probate process.

2. Timely Reporting to HMRC: Executors are personally accountable for handling estates correctly, including paying inheritance tax on time. Delays in reporting assets to HMRC can result in penalties and mounting costs for the estate, which executors might have to cover themselves.

3. Claiming Tax-Free Allowances: Executors must act within two years to claim tax-free allowances for married couples or civil partners, failing which beneficiaries may receive reduced inheritances. Missing deadlines can have financial implications for the estate.

4. Discuss Your Plans with Family: Communication is key in estate planning. Discussing your intentions with family members, whether they are included or excluded from your will, can help avoid disputes and ensure your legacy is handled smoothly.

In addition to these steps, here are some tips to make things simpler for your executors:

1. Draft a Clear, Valid Will: Ensure your will complies with legal requirements and reflects your wishes clearly to prevent disputes. Consider consulting a solicitor for guidance.

2. Store Your Will Securely: Keep your will in a secure but accessible place and inform your executors of its location to avoid complications later.

3. Review and Update Regularly: Life events can impact the validity of your will, so review it periodically to ensure it aligns with your current wishes.

4. Consider Your Digital Assets: Include instructions for accessing online accounts and appoint a digital executor if necessary, in your estate planning.

5. Plan for Taxes: Proper estate planning can help mitigate inheritance tax liabilities by utilising exemptions, gifts, or trusts effectively.

6. Communicate with Executors and Beneficiaries: Discuss your plans with all involved parties to manage expectations and reduce misunderstandings.

By following these proactive steps and engaging in open communication about your estate planning, you can help ensure a smooth transition of your assets and preserve your legacy for your loved ones.

Our team is here to help. Contact us today for personalised advice tailored to your individual circumstances.


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