Who Is a Standard Will For?
A Standard Will can be suitable for anyone who wants to take control of their estate and make their wishes clear, rather than leaving decisions to the rules of intestacy.
It provides a straightforward way to record who you want to benefit, who you trust to administer your estate and any other important arrangements you want to make.
Mirror Will
A Mirror Will is designed for couples who want to make coordinated arrangements for what happens to their estates. It can be suitable for married couples, civil partners or couples who live together and want to make broadly matching plans.
Each partner makes their own separate Will. Typically, each Will provides for the surviving partner first, with the estate then passing to the same chosen beneficiaries once both partners have died.
You can appoint the same Executors and, where appropriate, nominate Guardians for your children in both Wills. Specific gifts of money, property or personal possessions can also be included.
Where appropriate, Trust provisions can also be incorporated into the Wills to provide additional protection or flexibility.
Although the two Wills are designed to mirror one another, they remain separate legal documents. Either partner can therefore review or update their own Will if their circumstances, family arrangements or wishes change.
Why a Mirror Will Can Be Important for Unmarried Couples
If you live with a partner but are not married or in a civil partnership, your partner does not automatically inherit under the intestacy rules. A properly prepared Will allows you to make clear arrangements for your partner and other people you wish to benefit.
Discretionary Trust Will
A Discretionary Trust Will allows some or all of your estate to pass into a Trust when you die, rather than directly to named beneficiaries. The Trustees you appoint can then decide how and when Trust assets should be used for the benefit of the people you have chosen.
This type of arrangement can provide greater flexibility where circumstances may change or where a straightforward division of an estate may not provide the level of protection you are looking for.
A Discretionary Trust may be considered where, for example:
- You have a blended family and want greater flexibility over how assets are ultimately distributed
- A beneficiary may need additional protection or support
- A beneficiary may be financially inexperienced or vulnerable
- You want Trustees to be able to respond to circumstances that may change after your death
You can identify the people who could benefit from the Trust and appoint Trustees to manage the Trust assets on their behalf.
You can also prepare a Letter of Wishes. This is an informal document that can provide guidance to your Trustees about how you would like the Trust to be managed and how you would like beneficiaries to be supported. A Letter of Wishes is not legally binding.
Trust arrangements can have Inheritance Tax and other financial and legal implications. The appropriate approach depends on your individual circumstances, and we can explain the relevant considerations before you decide whether a Discretionary Trust is appropriate.
Trust – Will Trust or Pilot Trust
Sometimes leaving an asset directly to someone may not be the most appropriate arrangement. A Trust can provide greater control over how and when assets are used or passed on to beneficiaries.
Will Trust
A Will Trust is created within your Will and comes into effect after your death. It can be used to hold particular assets, such as a share of your home, savings or certain insurance proceeds, for the benefit of your chosen beneficiaries.
Rather than assets passing directly to a beneficiary, the Trust can provide a framework for those assets to be managed and distributed in accordance with the terms of the Trust.
Pilot Trust
A Pilot Trust is established during your lifetime, usually with a small initial amount, and can be structured to receive assets in the future.
Depending on your circumstances, a Pilot Trust may form part of wider estate planning arrangements, including planning involving life insurance or pension benefits.
Estate Planning and Pension Changes
From 6 April 2027, most unused pension funds and pension death benefits are expected to be brought within the estate for Inheritance Tax purposes. The impact of these changes will depend on individual circumstances.
If you have a larger pension fund or are considering how pension or life insurance benefits should form part of your estate planning, it may be appropriate to review your arrangements.
Trust planning can have significant legal and tax consequences. We can help you consider whether a Trust is appropriate, which type of Trust may suit your circumstances and how the relevant arrangements should be put in place.
Lasting Power of Attorney (LPA)
A Lasting Power of Attorney allows you to appoint people you trust to make certain decisions on your behalf. Putting an LPA in place means you can choose who you would want to act for you and establish the legal authority for them to do so.
There are two types of Lasting Power of Attorney, and many people choose to put both in place.
Health and Welfare LPA
A Health and Welfare LPA allows your chosen Attorneys to make decisions about matters such as your medical care, daily routine, living arrangements and other aspects of your welfare.
This type of LPA can generally only be used when you are no longer able to make the relevant decisions yourself.
Property and Financial Affairs LPA
A Property and Financial Affairs LPA allows your Attorneys to deal with financial matters on your behalf. This can include managing bank accounts, paying bills, dealing with property and handling other financial affairs.
Unlike a Health and Welfare LPA, a Property and Financial Affairs LPA can be used while you still have mental capacity, subject to the instructions and preferences you have included.
Why Consider an LPA?
- Choose the people you trust to act on your behalf
- Put legal authority in place before it is needed
- Make arrangements for financial and property matters
- Make your wishes known about health and welfare decisions
- Reduce uncertainty for your family if your circumstances change
We can help you choose your Attorneys and any replacement Attorneys, prepare the relevant documents and assist with registration with the Office of the Public Guardian.
None of us can predict an accident, illness or sudden loss of capacity. Without an LPA in place, your family may not automatically have the legal authority to deal with your affairs on your behalf.
Putting an LPA in place in advance can help ensure that the people you trust are able to step in when appropriate.
Which Option Is Right for Me?
The most appropriate Will or estate planning arrangement depends on your family circumstances, assets, beneficiaries and the level of control or protection you want to put in place.
A straightforward Standard Will may be appropriate for some people, while others may benefit from coordinated Mirror Wills, Trust arrangements or additional planning through a Lasting Power of Attorney.
We will take the time to understand your circumstances, explain the available options and help you put appropriate arrangements in place.
Important Information
Trusts and estate planning arrangements can have legal, financial and Inheritance Tax implications. Tax treatment depends on individual circumstances and current legislation, which may change in the future.
The information on this page is provided for general guidance and should not be treated as personal tax advice. Please speak to us about your individual circumstances before making decisions about Trust or estate planning arrangements.