Oojal Dhanjal
Writing a will can be one of the simplest ways to reduce your inheritance tax bill, making it a great weapon against the taxman. Yet, the majority of us have never bothered to write one.
If you die without a will, your estate is subject to the laws of intestacy. If you're married, this means jointly-held assets pass to your spouse, but the rest of your estate is divided up between your spouse and your children. Your spouse gets the first £250,000 plus half of the remainder, with the rest split between your children.
The problem with this is that if everything goes to your spouse, there is no inheritance tax due, but if the amount passed to your children exceeds £325,000, then they will face a tax bill. Write a will and you avoid this problem.
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Another reason to have a will is to ensure your money goes to the people you love. Without one, your money could pass to an ex-partner you haven't divorced yet, or a distant relative rather than your long-term partner. Unmarried partners are not included in the laws of intestacy – the concept of a common-law marriage does not exist in the UK – so your partner would receive absolutely nothing by law, unless you've written a will.
Lisa Caplan, director of advice and guidance at Charles Stanley Direct, says: “While thinking about our own mortality is something we’d rather avoid, it is an important consideration to factor in when it comes to wealth planning, inheritance, and also any loved ones we may be leaving behind.
“Inheritance can be a complicated labyrinth to navigate no matter how much wealth you have, and speaking to a financial adviser can help clear things in your mind while also putting effective estate planning strategies in place to structure your estate to make sure your beneficiaries get as much as possible when you die.
“A will forms an important part of this inheritance planning, and is one area where you can still establish some certainty that your wishes will be carried out after you’re gone. It can also help your family manage your affairs more quickly, avoid infighting and ease the process at what will be an incredibly difficult time for them.”
Having a will doesn't need to be a complicated process — you could even get it created for free.
Take advantage of Free Wills Months
Free Wills Month happens every March and October. It's a campaign that allows people aged 55 and over to get a will created, or updated, by a solicitor for free (only one of you has to be 55 if you're writing your will as a couple).
Hundreds of law firms across the UK take part, with customers encouraged to leave a legacy to a charity in their will in return for the free legal advice. Charities include the British Heart Foundation, Samaritans, The Salvation Army and Oxfam. There is no obligation to leave a gift to one of the featured charities.
To take part this month, you must book a slot before 5pm on Monday, 31 March (although the appointment can be later than March). Enter your postcode on the Free Wills Month website to find a participating solicitor nearby that has availability. The appointment is free and could save you several hundreds of pounds in legal fees.
If you miss Free Wills Month, or you're too young to participate, don't worry because Will Aid runs annually in November and is open to everyone aged 18 and over. In a UK-wide campaign involving seven charities, hundreds of solicitors offer to write basic wills for any adult. They waive their usual fee, and instead ask for a donation to Will Aid – the charity will-writing scheme. The suggested donations are £100 for a single will or £180 for a pair of basic "mirror wills." The donations are distributed among the charities.
Unsurprisingly, free wills are popular so if you're interested in either scheme you need to act fast to ensure you get a slot.
Six steps that can help when drawing up your will
Olly Cheng, financial planning director at Rathbones Group Plc, shares his top tips on what to consider when it comes to writing your will:
- Plan long-term: If you have children, it’s important to make sure they are financially protected from any economic hurdles down the line. Therefore, consider who you would entrust as a guardian to care for your kids till they turn 18, and how you plan to divide the estate. Otherwise, the authorities could end up making that decision for you if you or your partner were to pass away unexpectedly.
- Gift to charity: Anything left to charity is free of inheritance tax, so it’s worth considering this as a way of reducing the tax due on your estate, while also benefiting a good cause. Additionally, if 10% of your net estate is left to charity the rate of IHT applicable on death is reduced to 36% from 40%, meaning the taxman would take a smaller cut of your estate.
- Pass on assets without IHT charge: On death, assets can be passed on tax-free up to the value of your nil rate band (£325,000). However, if you leave your entire estate to your spouse or civil partner, you won’t have to pay any IHT. The residence nil rate band is a further £175,000 allowance available to anyone who passes the family home to direct descendants, which reduces for estates valued over £2 million. It’s a good idea to keep below the IHT threshold or your estate will be chargeable on death at 40%.
- Legally bind your will: Make sure that your will is properly signed by two adult independent witnesses — not beneficiaries or those married to anyone who stands to benefit.
- Giving early inheritance: Passing on wealth while you’re still alive — also known as lifetime gifting — can be an effective way to reduce a future inheritance tax bill, have more control over how your inheritance is used and be able to see your loved ones benefit from your generosity. This could be through a number of ways, whether you help them get onto the property ladder, or start their own business.
- Watch out for pension and gifting changes: Labour targeted pensions in its Autumn Budget last year, with chancellor Rachel Reeves announcing that unused pension funds would no longer be exempt from IHT come April 2027. This could have a huge impact on people’s retirement plans, so it’s worth watching the Spring Forecast to see how these changes will work in practice.
Don't forget to update your will
Once you have written your will don't forget to keep it up-to-date. Marriage invalidates any previous wills, but divorce doesn't.
Also, make sure that your will is stored somewhere safe where it can easily be found when you die.
"It’s important to review your will regularly to make sure that it matches your current wishes— particularly after life events like marriage, divorce, and births of children and grandchildren," says Cheng at Rathbones.
Writing a will – cheap and easy options
- Do it yourself: You can pick up a do-it-yourself will-writing kit on the high street for around £20. But this is only suitable for people with very simple financial affairs and it is easy to make mistakes that could render it invalid.
- Fixed-fee services: A better option may be a fixed-fee will-writing service. Prices at Which? and Co-op Legal Services start from £150. If you have a premium bank account, check if a will-writing service is included. You could also be entitled to a free will through your home or car insurance policy if you chose to include legal cover.
- Online services: You could also use an online service such as Farewill.com or Make A Will Online. You answer questions online to create your will. It is then checked by a specialist before you are sent a link to download, print and sign. With these online services, you could pay anywhere from £60-100 for a single will to £90-160 for a joint will. An added benefit of online services is you can easily update your will whenever you like, sometimes for a small additional fee.
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