20th June 2021
Wills are legal documents that help spell out how you would like your affairs and assets handled and given out after you pass away. There are many types of Wills you can choose from and one may be better for you and your estate than another.
Choosing the best options for you requires a bit of knowledge on what each type of Will covers. This article will take a look at a few of the most common types of Wills and Trusts in order to better prepare you for planning for your estate.
Understanding the Different Types of Wills
Let’s take a closer look at the differences between a simple Will and a Will Trust, and compare the benefits:
A Simple Will Versus a Will Trust
The most significant difference between a simple Will and a Will Trust is that a simple Will gives away all of your estate after you have passed away, while a Will Trust is used to protect your estate. Therefore, your Trustees will administer it for your beneficiaries until the Trust comes to an end or is wound up. Having a simple Will or a Will Trust is a personal choice but both are normally used to protect your assets or loved ones.
Trusts in Will Trusts are complex and take longer to finalise. Professional advice should be obtained before deciding whether this is the right vehicle for you.
If you are single, do not have vulnerable beneficiaries and your circumstances are straight forward, a simple Single Will may be appropriate for you.
A Mirror Will is a Will that mirrors its counterpart. They are normally used by spouses but can also be used by siblings or people who live together. There are two Wills, one for each individual, each identical or similar with what they specify for end-of-life plans. Mirror Wills are designed for couples who have the same or similar wishes and who are usually the beneficiaries of each other’s Wills should the other person die. The couples may be married or cohabitees.
A Mirror Will may not be appropriate if you do not have the same end of life wishes as your partner. Keep in mind you can change your Will without the other party knowing at any time..
Advanced Decision or Living Will:
A Living Will is active when you are alive and invoked in case of a health emergency or accident. An Advanced Decision or Living Will is a legal document that specifies what medical treatments you want to opt in or out of if you are unable to make or communicate those decisions yourself. You can also choose if you want to be kept alive in the event of an accident, as well as other preferences for medical decisions like organ donation. It will be attached to your Health and Welfare Lasting Power of Attorney.
A Will Trust
A Will Trust can be used in different scenarios. It all depends on what you require. For example, if you would like to protect your estate against possible care fees, this can be used to help. A couple can use them to protect their estate for their children by giving a life interest to each other on the first death. If the survivor needs care, the share of the first one to die is protected for the children.
There are other Will Trusts , such as discretionary, property, and flexible trust, for example , which can be used to help you, so make sure to speak with your solicitor who will discuss the options that most suitable for you..
A Life interest Will or Discretionary Will Trust can be used to cover complex marital and legal aspects of your estate, such as granting income or property to a second spouse during their lifetime, but then the children all benefit equally on the death of the second spouse..
A Will Trust can also be used to fund education for your children and grandchildren, or simply provide for your loved ones that may be or become vulnerable.
Your Will Is In Good Hands With Elizabeth Middleton Solicitors
Drafting a Will is always complex, as most people don’t know how their circumstances will change over time, or their affairs are not straightforward or simple. Make sure to contact an experienced solicitor to help you create a Will that will guarantee all your affairs are in order and leave you with the reassurance that your wishes will be followed to the letter.
Elizabeth Middleton Solicitors has an excellent and knowledgeable staff who are ready to help assist you with your estate planning needs. We will help you plan for the future and solve any legal issues you may have with expertise, professionalism, compassion and kindness.
Call us today or make an appointment on our website for more information about assistance with your Will, as well as your other legal needs for Probate, Lasting Powers of Attorney, Equity Release, and Settlement Agreements.