Will Writing Service

Are you in need of a reliable and efficient will writing service? Look no further!

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Learn how to protect your home from care fees, watch our video!

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Why Write a Will?

Writing a will is crucial to safeguard the future of your loved ones and assets. It allows you to appoint executors, choose guardians for your children, and specify who should inherit your estate. Additionally, you can include funeral wishes and designate caretakers for your pets. Our standard will writing service also cover up to three specific gifts of personal items or cash sums.

Mirror Wills for Couples

We offer a will writing service for married or cohabiting couples in the UK who wish to align their wills, we offer mirror wills. These wills are virtually identical, reflecting each other’s content. Making a mirror will doesn’t mean you can’t amend it in the future. It’s an efficient way for UK couples to plan their estates together.

Enhance Your Will with Trusts

To have greater control over inheritance and protect assets from third parties, our will writing service can include trusts in your will. We offer various types of trusts suitable for the UK, such as Children’s Trust, Protective Property Trust, Discretionary Trust, Flexible Life Interest Trust, and Business Property Relief Trust. These trusts provide added flexibility and protection in complex circumstances under UK law.

Our Simple and Efficient will writing process

  1. Fact Find Questionnaire: We’ll start by gathering necessary information about your marital status and objectives, including any specific gifts or charitable requests.
  2. Technical Analysis: Our expert team will analyse the information provided and prepare a draft will that ensures tax efficiency while fulfilling your wishes within the framework of UK law.
  3. Draft Review: You’ll receive a PDF copy of the draft will for review and have the opportunity to request any amendments. We want to make sure you’re completely satisfied with the details, ensuring compliance with UK regulations.
  4. Final Will Production: Once you confirm your satisfaction with the draft, we’ll produce a final bound copy of your will. It will be sent to your address along with instructions for witnessing, following UK legal requirements.

What can be done by Will to protect the home from care fees?

It is important to note that a Will speaks from death so any provisions in there will take place on death only.

A life interest trust can protect part of the home from care fees since the deceased’s share of the home has transferred to the trust so will not be counted as part of the means test assessment carried out by the local authority.

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Why should I consider legal assistance when writing a will?

A will should be written carefully and can very quickly become complex.

Graham Hinitt DipPFS has a deep understanding of the rules and regulations applicable to trusts and estates, and is skilled in the preparation of legal documents and the administration of trusts and estates.

  • Consider your assets abroad, e.g. property or bank accounts;
  • We can provide you with inheritance tax advice
  • Simplifying the probate process;
  • Making sure that beneficiaries who are dependent on you are considered;
  • We can provide you with the advice you need to consider your options as to whether a trust is appropriate;
  • Making sure children, stepchildren or foster children are treated equally;
  • Making sure your will is coherent and valid; and
  • Making sure your will is executed correctly.

If we can assist you with your questions, feel free to contact Graham today.

If you have any questions or would like to learn more about our will writing services.

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Can I nominate Matrix Estate Planning to be my executor?

Yes you can. Matrix Estate Planning offers a Professional Executor Service. This is a popular option with Matrix clients who don’t want their loved ones to have to deal with all the legal and financial responsibilities of probate after they’re gone.

There is no charge to name Matrix Estate Planning as an executor or reserve executor in your will. If we do act as executor after you die, there is a fixed fee cost which is agreed with your executor before any work is carried out. You can name Matrix Estate Planning as your Professional Executor in your will.

I have heard that including a trust in your will can protect you against care home fees? Click to watch our video!

Yes, this is possible. If the property is jointly owned by you and your spouse, it is essential that the property is held as tenants in common rather than joint tenants. It is possible that if you leave your spouse a life interest in your half of the property and your spouse subsequently goes into a care home that only half the value of the house would be taken into consideration by the local authority when carrying out an assessment. It is essential that the life interest trust is properly worded in the will and you should ensure, for it to be done properly, that you consult a specialist at Matrix Estate Planning. For more information view the video opposite.

Care Fees Assessment

We receive many queries daily on care fees assessment and how a home can be protected from care fees and whether it counts towards the means test carried out by the local authority, so we thought we would put together some information for you.

Say you are a couple and live in a home worth £850,000 and as you grow older you are worrying more about ensuring it is protected from care fees so it can be passed to your children. Is there anything you can do?  Let’s look at how care fees are assessed and some scenarios.

When someone goes into care, the local authority will carry out a financial assessment. As part of their assessment, they local authority will calculate the cost of the care and how much the individual can contribute from their own resources.

When carrying out a means test, the local authority may consider the value of the property as well as any income, savings or pension.

It is worth noting that The Care and Support (Charging and Assessment of Resources) Regulations 2014, Schedule 2, Regulation 4 states that “A local authority may disregard the value of any premises which is occupied in whole or in part by a qualifying relative of the adult as their main or only home where the qualifying relative occupied the premises after the date on which the adult was first provided with accommodation in a care home under the Act.” A qualifying relative is defined as a spouse/civil partner, partner, former partner,  the person’s minor child, or a relative who is over 60 or  incapacitated.

If someone has savings of over £23,250, they will have to fund the care themselves.

If someone has savings of between £14,250 and £23,250, they will need to contribute towards the cost of their care from income such as pensions and a tariff based on their capital, but the local authority will fund the rest.

Once someone’s capital reaches below £14,250, they will no longer pay a ‘tariff’ income based on their capital, but they must continue paying from income included in the means test. The council pay the remaining cost of their care.

Let’s look at how care fees are assessed and some scenarios.

Scenario 1

Richard and Amy are married. Richard falls unwell and needs to move into a care home where he is in the best hands. Is the value of the home considered when the local authority carry out the means test? Would Amy be liable for care home fees and could the local authority put a charge against the home?

The good news here is that if Richad goes into care and Amy continues living in the home, then the value of the home isn’t considered by the local authority when carrying out the means test. This is because, as stated above, the local authority may disregard the value of any premises which is occupied in whole or in part by a qualifying relative of the adult as their main or only home where the qualifying relative occupied the premises after the date on which the adult was first provided with accommodation in a care home under the Act.” As she is his spouse, she falls under the definition of qualifying relative.

Amy would not be liable for care fees as only Richard’s individual’s assets would be considered. The local authority could not put a charge against the home for as long as it is being disregarded in the means test.

Scenario 2

If Richard and Amy both go into care during their lifetime would the home be part of the means test and could it be sold to fund their care?

If they both go into care during their lifetime then the home would no longer be disregarded for care fees unless there was still a relative under 18, over 60, or incapacitated living in it.

This means the value of the home would be considered for their individual means tests and it could also be sold to fund their care if they don’t have enough capital to fund themselves.

Scenario 3

Adrianna owns her home solely with no-one else living with her. Can she protect her home from care fees in the event she needs to go into care during her lifetime by gifting it to her children?

We would not be able to advise on any lifetime planning to protect her property. If she gave her property away to her children or to trust in lifetime and the intention was to avoid paying for care, then this would be classed as deliberate deprivation. In this instance, if the local authority decide that some has committed deliberate deprivation for the purposes of the financial assessment, they can still treat the person as if they own that asset.

Scenario 4

Richard passes away and he has a PPT in his Will so his share of the home passes to the trust. Amy then needs to go into care. Would the home be assessed for care fees and would the home need to be sold to pay for care or a charge placed on it?

Amy would be assessment on her share of the property only and not the share that is in trust since this is protected. If she needs to self-fund but doesn’t have enough capital to cover this without selling the property, the local authority will seek to place a charge on her share of the property to reclaim their fees when the property is sold. This is usually referred to as a deferred payment scheme.

New proposals to Adult Social Care

This month the government announced proposed changes to adult social care. Currently, before someone can receive publicly funded social care, they are assessed and the value of their assets are taken into account.

Currently if an individual has assets above the £23,250 threshold, they must fully fund their own care, rely on friends or family or even go without care.

The proposals put forward by the Government would make the means test more generous so instead of the individual having to pay for all their care in the event their assets are above £23,250, from October 2023, they would only have to fully fund their care if their assets are more than £100,000.

Currently if someone has assets from £14,250, they must contribute towards the cost of their care. This figure will now be £20,000.

There is also set to be a cap on the amount an individual has to pay for care during their lifetime which is set at £86,000. However, this cap would only cover the cost of a care home that an individual’s local authority was willing to pay for (not all care homes). Alternatively, if someone required home care, it would only cover the number of hours their local authority thought was needed and at the price it would be willing to pay. This cap would not include the living expenses in a care home i.e. food.

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