Devon & Somerset Branch

 

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People
 Branch Officers & Committee, and contact information

 

Events Diary
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Members Information
 Branch Members Information & Services, and links to relevant sites.

Safety Page
 List of USRs and other Branch Safety information.

 

WILL INSTRUCTIONS

 

EXPLANATORY NOTES

WHAT IS A WILL

 

A Will is a document that sets out your wishes as to what should happen to your estate after death.

You state what should happen to your belongings, property and money.  You can also appoint a Guardian for any children under the age of 18 and if you have strong beliefs regarding for example your remains, state whether you would like to be buried or cremated.

CWU Members are entitled to a free simple Will under the scheme we have with the Union.  These instructions are only suitable where you want a simple Will prepared.

EXECUTORS

After you die it is necessary for there to be someone to carry out your wishes in your Will which entails collecting in your assets, paying any debts funeral expenses, paying out gifts and legacies.  The Executor(s) must also apply for probate and complete the necessary tax forms.

An Executor’s job is a very responsible one.  It is important to appoint someone who you can trust.

You CAN if you wish appoint a beneficiary in your Will to be an Executor.

You can appoint just one Executor, however it is advisable to appoint two.  An Executor must be over the age of 18 years. 

If any of your beneficiaries are under 18 years old at the time of making your Will you must appoint two Executors and Trustees.  You should also state which age you wish the minor beneficiary to receive his/her inheritance (e.g. 18 or 21).

You can appoint friends, relatives, children or indeed your spouse as an Executor.  The benefits of this are that they will not charge your estate for acting as your Executor.  They may not however have had experience in administering an estate and they may find the task difficult.  They can if they wish instruct a firm of Solicitors to act on their behalf in dealing with the administration of your estate and obtaining the Grant of  Probate.

You may also appoint a Partner at a firm of Solicitors as an Executor.  The benefits of this are that they are experienced in administering estates and will be able to complete probate and tax forms efficiently.  They would administer the estate exactly according to the terms in your Will.  They would however charge for this and their charges would come out of your estate.

GIFTS

Your Will sets out who you want your estate (i.e. your possessions, property, money etc.) to go to in the event of your death.  You can split your estate as you wish.  You may wish to simply give everything to your spouse or you may wish to make a number of different small gifts and then give the remainder of your estate (which is known in legal language as the residue) to a particular person or persons.

Specific gifts of cash are known as legacies.  You may give legacies to whoever you wish including relatives, friends or charities.

You may also make specific gifts of objects which are known as chattels for example your car, specific items of jewellery etc.  It is important you are specific about any objects and that you are sure you will keep it.  If you were to die and have sold or had already given away the item then the gift in your Will would lapse.  Again you may give objects to whomever you wish.

THE REST OF YOUR ESTATE

Once all your bills and expenses, any tax and your legacies and chattels (set out above) have been paid the rest of your estate (known as the residue) is then distributed.  You may leave you residuary estate either to one person or you may split it in percentages and give it to several people.

BENEFICIARIES

The people whom you give your gifts, i.e. legacies and your residuary estate are known as beneficiaries.  It is possible that your beneficiaries might die before you.  It is therefore sensible to state in your Will what you would want to happen to their gift should this happen.  This is important in respect of your residuary estate and also the legacies.

For example you might want to give all your estate to your wife.  If she dies before you, however, you might want to split your estate equally between any children you have.

Alternatively, you might state you wish your residuary estate to go to your three children but if one of them were to die before you, you may wish that child’s share to go to his or her own children.  If you have not considered this and included this provision then any gift would have only gone to your children alive at the time of your death.

INHERITANCE TAX

Spouses are exempt from paying Inheritance Tax on their partner’s estate.

The Inheritance Tax threshold at present is £285,000 and on 6th April every year will be increased by £10,000.00.  If a net estate is valued over that figure, then the amount over and above the IHT threshold is liable to pay Inheritance Tax at 40%.  Gifts to Charities are exempt.

If the value of your estate is likely to be above the threshold figure it is important that you receive advice in respect of tax planning.  This is because there are ways in which you can minimise the amount of Inheritance Tax you pay by making certain provisions during your lifetime or in your Will.  Likewise if you own property that is outside England and Wales it is essential  to receive individual advice.

Where your estate is larger than the IHT threshold figure or your affairs more complex for example you own a business or a home abroad then we will be happy to take your instructions in respect of preparation of a Will.  We will not however be able to prepare this Will free of charge under the Union Scheme as the Union Scheme only covers simple Wills.  We shall however be happy to prepare a Will for you at reduced rates.

When you are the owner of a property jointly with another person and wish to leave your half of that property to a person other than your co-owner, unless you own the property as tenants in common then you must seek Solicitors advice.  This is because under the terms of a joint tenancy your half of the property would automatically go to your co-owner.

It is essential you realise that certain acts will affect existing Wills 

Writing a new Will, will revoke any previous Wills.

Marrying or a Civil Partnership after preparing a Will, will revoke that Will unless it specifically states that it has been made in anticipation of your marriage and/or Civil Partnership to (i.e. the name of the person you intend to marry).  Divorce will cancel any gifts to your ex-spouse.  It will also prevent your ex-spouse acting as Executor under your Will.

It is essential therefore to prepare a new Will after marriage or divorce.

GUARDIANS

If any of your children are under the age of 18 years at the time of making your Will then you may want to appoint Guardians for them should you die before they reach 18 years old.  Any appointment of a Guardian or Guardians will only become effective should both parents die before their children attain the age of 18 years.

Please complete the enclosed Application Form and return it to :

 

                             Mrs E Race

                             Edwards Duthie

                             292-294 Plashet Grove

                             East Ham

                             London  E6 1EE

 

                             Telephone : 020 8514 9000

 

                             email: liz.race@edwardsduthie.com

 

Please Copy & Paste the Application Form below into a Word Document and send it to the Solicitors direct using the above contact details.

EDWARDS DUTHIE

CWU WILL APPLICATION FORM

In order that we may prepare a Will which suits your circumstances, please complete as much of this questionnaire as you can.  Please continue on a separate sheet if necessary, indicating the section to which the information relates.  It would also be helpful if you state what relationship beneficiaries are to you.

PERSONAL DETAILS              

                            

Surname :                                          

Forename(s):

Title: (Mr, Mrs, Miss, Ms)

Home address:

 

 

Union Membership Number:

Date of Birth:

Home/Mobile telephone

Number:

Work telephone number:

MARITAL STATUS

Single

Married

Divorced

Separated

Remarried

Civil Partnership

DETAILS OF ANY SPOUSE OR PARTNER

Full Name

Address

 

Status

DETAILS OF CHILDREN

(IF ANY)

Full Name

Address

 

Date of Birth

Full Name

Address

 

Date of Birth

Full Name

Address

 

Date of Birth

Value of estate :

including value of share of house, savings, valuables etc. not including the money       

to be paid out on death by Life insurances or pensions.

Please give estimate of value as of today’s date.  Please do NOT list your assets.

Do you own your own property and how is it held (e.g. in your sole name, jointly or as

tenants in common)

EXECUTORS

First Executor’s full names:

Address:

 

Second Executor’s full names:

Address:

 

 

Do you wish this firm to act as

your Executors.

CASH GIFTS

Full names and addresses of persons you want to give cash gifts (legacies)

to and the amount:

GIFTS OF OBJECTS

Full names and addresses of persons you want to give objects to and details

of object:

 

RESIDUE (REMAINDER OF ESTATE)

Full names and addresses of

Beneficiary(s) :

 

If applicable in what proportions or percentages

 

PLEASE SPECIFY IF ANY BENEFICIARY IS UNDER THE AGE OF 18 YEARS

 GUARDIANS

(If applicable) mainly for children under age 18:

 

PROVISO

What happens in the event of the residuary beneficiary(s) dying before you.

Full names and addresses of beneficiary(s) who will then be entitled and in what

proportions or percentages:

(i.e. children – state ages)

 

Funeral Wishes (if any)

 

 

 

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Last updated: January, 2008.