Glossary 2018-05-23T22:03:04+00:00

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Glossary

Beneficiary

The person who receives your assets after your death

Contemplation of Marriage

A Will is automatically revoked when you marry. If you intend to marry or enter a civil partnership, you can ensure the Will remains in force with the inclusion of a Contemplation of Marriage clause.

Executor

This is the person you choose to carry out the instructions within your Will. It will usually be someone you know, or you may choose a solicitor. Be careful as solicitor costs can be very high

Expression of Wishes

This is a document that you may choose to include in a trust. It provides your trustees with details of your wishes after death, including how you would like your assets distributed and spent by your beneficiaries.

Funeral Directions

The inclusion of Funeral Directions allows you to document your wishes for loved ones. This is often helpful and comforting for those you leave behind but it is not binding.

Further Provisions

Otherwise known as 2nd level of residue, this is where you want your assets to go if the 1st choice has deceased. This is common in the Wills of couples where the 1st beneficiary is the spouse/partner and the further provision is made to the children.

Guardians

These are the people you choose to look after your minor children after your death. Remember parents usually have an automatic right of guardianship – even if they are absent.

Inheritance Tax

This is the amount of tax your estate pays at the time of your death. The current Nil Rate Band is £325,000 per person and the inheritance tax due on everything over £325,000 is 40%. This means if your assets at the time of your death are £500,000 your calculation is £500,000 minus £325,000 Nil Rate Band = £175,000 @ 40% = £70,000 payable

Instruction Take

Fielding Triggs can conduct this process over the phone, on-line or face to face in the comfort of your own home. We have a duty of care to establish the facts about your affairs in order to best advise you on the most suitable product that provides the correct level of protection. If we feel there is a more suitable product available following the Instruction Taking appointment, we will advise you of the alternatives. You are not obliged to proceed with our recommendations. However we would be negligent in our capacity as Will writers to fail to advise you correctly.

Intestacy / Laws of Intestacy

If you die without a valid Will in place you are deemed to have died “Intestate”. If this happens your assets are distributed via a pre-determined legal process which means the intended recipients of your assets may have no legal claim to them whatsoever. Please se the Intestacy Flowchart to see what will happen.

Last Will & Testament

Your written instructions about what should happen to the things you own and your body after your death

Lasting Power of Attorney – Health & Welfare

If you are incapable of making decisions about your health and welfare later in your life due to illness, you can appoint a Power of Attorney to make decisions on your behalf. This avoids strangers deciding on your behalf. This MUST be done before you actually need it, as once you lose capacity you cannot nominate an attorney at that point

Lasting Power of Attorney – Property & Financial Affairs

If you are incapable of making decisions about your property & financial affairs later in your life due to illness, you can appoint a Power of Attorney to make decisions on your behalf. This avoids strangers deciding on your behalf. This MUST be done in advance of your demise, as if you lose capacity you cannot nominate an attorney at that point

Limitation of Will

Unless otherwise stated, a Will covers all of your worldwide assets

Nil Rate Band

Inheritance Tax is payable at the time of your death if your estate is valued over the Nil Rate Band. The current Nil Rate Band is £325,000.

Non Provision

Sometimes the law dictates that certain people have an automatic right to your assets. These are generally current spouses and children. Although you cannot exclude a minor dependent child, you may want to remove a disowned child. Omission from the Will is not sufficient – you must specifically exclude them, as your Will will probably be challenged.

Office of the Public Guardian

All Lasting Power of Attorneys must be registered with this government run agency

Organ Donation

A request for your organs to be used for transplant and/or medical research. You can stipulate exclusions. For example, “All parts except for eyes.” We recommend that you also register with the NHS Organ Donor Register and discuss your wishes with your family as your intentions may be discovered too late if they are only documented in your Will.

Per Stirpes

This is where a bloodline becomes the beneficiary if a parent dies. For example if you leave £20,000 to your son and he dies before you, the £20,000 will automatically pass to his children. It is normal to have the Per Stirpes within your Will, and you need to request for it to be omitted

Professional Executor

Fielding Triggs offers all clients the option of including a professional executor who charges low rates.

Professional Trustee

Fielding Triggs offers all clients the option of including a professional trustee who is independent and cannot be swayed by family factions.

Residue

This is the amount left in your estate after all debts, costs, taxes and specific legacies have been paid.

Settlor

This is name given to the owner/creator of a trust

Sharia Will

A Will written in accordance with the Muslim faith. There are certain aspects within a Sharia Will which are pre-determined

Society of Will Writers

Fielding Triggs is a proud member of the Society of Will Writers (SWW). The SWW is a non-profit making, self-regulatory organisation whose primary objectives are to maintain the advancement, education and ethical standards of the Will writing profession. Fielding Triggs adheres to the SWW code of conduct.

Spousal Exemption

Any assets owned by a spouse are transferred on death with no IHT liability regardless of the value.

Storage

Your Will should always be kept in a safe place, where no harm or defacement can happen to it. We offer a secure storage option to ensure the original document can never be lost, stolen or defaced

Testamentary Capacity

To write a Will, you must have the capacity to understand what you are doing. You must be of sound mind, sound memory and fully understand the consequences of the outcome of the Will

Testator

The owner of the Will is known in the Will writing profession as the Testator

Trust

There are many types of trust, however in the main part they all do the same job. A trust is a legal structure that controls ownership and the use of assets

Trustee

These are the people who carry out the wishes within your trust. You can be a trustee of your own trust. You will probably also choose a spouse or partner and possibly your children and trusted friends.