Discretionary Trusts Durham

Discretionary Trusts

 

When we die, we all hope that our loved ones will be looked after properly. The best way of doing this is by making a Will .

In making a Will you have the chance to put in place something known as a trust. This is a legal arrangement that provides a way to protect the assets held in it so that the beneficiaries receive all the benefits. In setting up a trust, there are different types of trusts that can be formed. One of these is the ‘Discretionary Trust’.

What is a Discretionary Trust?

A Discretionary Trust is a way for someone making a Will to leave assets in a trust so that it benefits family and loved ones. Unlike other trusts, it has the most flexibility as it allows trustees the freedom to decide how to distribute the assets. There is no pressure on them to distribute the assets according to any fixed instructions. Instead, they can use their discretion as to how best the trust can support the beneficiaries.

 Why should I use one?
 Since it is the trustees who decide how to use the assets in a trust, you need to think carefully about whom you appoint. If your estate is complex or has a high value you may want to consider appointing trustees who are independent.
 What are the tax implications?
 Discretionary Trusts do have tax implications. The main ones are inheritance tax and income tax. Depending on the estate there may be others. With a Discretionary Trust, it can help plan for and manage inheritance tax liabilities in the best way that is legally possible. A trust will also have to pay income tax on the income it creates.

 

Where next?

If you decide to set up a trust, it is important that you get legal and financial advice. This ensures that the Discretionary Trust is established correctly and provides the protection you want for your loved ones.

Making a will can be a challenge if your property is not easily quantifiable, or the situation of the beneficiaries is unsettled. Traditionally, wills were particular about who will inherit what asset from the estate. In such a case, there is an option of discretionary will trusts. The assets in such an agreement are given to trustees for the interests of the beneficiaries. The trustees have the freedom to decide on how the income gained and the assets in the trusts are shared between the inheritors. This article is a guide on trusts, what they are, and how they work.

What are the Trusts?

Trusts are legal agreement where the testator gives money, investment and assets to a third party to look after them for the interest of their inheritors. For example, you can put some of the family property under trusts for the benefit of your children. The two main elements are the trustee and the beneficiary. The trustee is the owner of the assets in trusts while the beneficiary is the person who inherits.

How Does it Work?

 When you give your property to a trust, the ownership is transferred, and the property is no longer yours. The transfer of ownership means that the property will not be counted during the calculation of your tax bill when you die. It is the legal role of the trustees to manage the assets for the benefit of the person they are intended for. The testator gives the rules on how to manage the assets, including when the beneficiaries should get access to the trusts.

Types of Trusts?

Discretionary Trusts

Conclusion:

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UK Will Writing Statistics

According to research by unbiased.co.uk in 2016, 75% of those surveyed had not reviewed their Will in the last ten years!
75%
In 2013 a survey by Certainty.co.uk revealed that 67% of UK residents were unaware of the location of their parents’ Wills!
67%

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To find out more about our will writing service all you have to do is give us a call. One of our friendly team members will chat with you about your personal circumstances and what you wish to include in your will. We will then schedule a visit, at a time of your choosing, for one of our Legal Consultants to come and visit you

They will gather all of the necessary information together in order to prepare and write your will. Once this stage has been completed you will then receive your completed will for approval. The whole process takes an average of 28 days. To find out more information please do give us a call today. We offer a fixed fee and guarantee the lowest local will writing prices.

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Writing wills is the only way to ensure that your money, possessions, property, as well as your investments, has gone to the people or the causes that you care of.

How to write a will

Find out the value of your property. You can draw a list of your lasting assets and your debts too.

The assets that usually make an estate are

  • motor vehicles
  • your company
  • your home, furniture and other household pieces of stuff
  • all your savings (bank/building society accounts)
  • insurance,
  • pension funds
  • investments like stocks and shares
  • other property that you own
  • other personal belongings registered under your name

Then calculate the amount of debt you have. Debts may be a mortgage, a bank overdraft, a credit card balance, loans or equity release. These assets should be valued on a regular basis since their value keeps changing over time. To clarify this you can contact the people responsible to know how long lasting they are.

The will should be transparent regarding your assets. Ensure you have stated well who you would like to gain from your will. Decide where the remains of the assets will go (any money or property that is generally left after meeting the funeral along with administrative expenses, taxes, and legacies). State what to be done if one of your beneficiaries dies before you. If you desire to give any particular gifts to specific individuals like charity, ensure that you have included the correct information like the full names, addresses, and the charity’s registered number. Erroneous information might make your chosen charity to be denied the gift. This is a long lasting decision make sure it is satisfactory to you.

Executors deal with the distribution of your assets once you are dead. It involves a lot of work and accountability, thus think about the people you appoint cautiously.

It’s now the time to write your will

Make your own will:

Make your own will and ensure that it is valid. It should be correctly drafted and signed.

Lawyers:

It is typically best because they offer legal advice. Look for one who specializes in wills. Ensure that they are registered with the relevant body.

Banks:

Some of the banks have will-writing services as well as advice regarding asset planning.

Professional wills writers:

these are not qualified solicitors; hence, they might not be regulated. Do thorough checks if they are registered before you choose one? You do not want to mess up because of less research on solicitors.

Ensure your will is valid

Your will should be in writing, and only you should sign it and witness by at least two people who should as well sign it in your presence. You should have the mental capability of making the will and also understand the effect that it will have. Finally, you should make the will willingly and not from anyone else pressure. The beneficiaries, their family or civil partners are not supposed to act as witnesses; otherwise, they will lose their right of the inheritance. They are not even supposed to be present when the will is being signed. It is not advisable for an executor to be a witness.

Making a will in sickness

The will can be signed on your behalf if you are not capable provided that you are in that room and you have the mental capability to make the will. It should contain a clause stating that you understood everything prior to signing it. In case of a severe ailment, you might require a statement from a medical practitioner certifying that you have understood what you are about to sign then you can get an attorney. You can as well appoint somebody else to have a short-term power to sign your legal documents by giving them a general power of Attorney.

Keep updating your will

You are supposed to review your will after every five years or after a significant change like a moving house or new grandchild, and you should never make changes to the original will. For minor amendments, you can add just an addition, called a codicil that must be signed and witnessed just like the will, even though the witnesses don’t need to be the same. For significant changes like remarrying or divorce, the will requires to be changed. You must make a new one and cancel the previous one.

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