Wills?
Author
Discussion

raceboy

Original Poster:

13,846 posts

308 months

Wednesday 29th January 2003
quotequote all
With the recent unfortunate happenings on here and out it racey world, everyone with a TVR rushing to fit rollbars and my current leap into the housing market I've started to think about wills.
So am I alone in all this, does everyone have one and I'm the odd one out, how do you go about it without getting fleeced by a solicitor, and how do I make sure the racey fortune doesn't get eaten up by the nasty tax man
I can't wait till spring and I start to cheer up a bit

zippy500

1,883 posts

297 months

Wednesday 29th January 2003
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Ive put a line in my will I wish to be buried in mine. Provided I dont smash it up in the process of course.

Most people on here will argue I should do this before I die no doubt.

SGirl

7,924 posts

289 months

Wednesday 29th January 2003
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I've got one - sorted it when the house was bought a few years ago. I don't recall it costing a fortune because it was pretty straightforward. You just have to bear in mind exactly who you want to get what.

IIRC the taxman can be avoided simply by not having anything to leave to anyone.

Edited to add: Oh, the other alternative is not to die. But that might be a tough call....

>> Edited by SGirl on Wednesday 29th January 11:32

Beano500

20,854 posts

303 months

Wednesday 29th January 2003
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You're not alone - I have been about four years getting round to updating mine

No harm in buying the pack from W H Smiths (for about a tenner) - this is just as valid as anything a legal beagle can fleece you for.

With the exception that if you are comfortably in the Inheitance Tax paying bracket, it might be well worth seeking advice to ensure that your loved ones would actually see any of the hard earned dough when Hector wants to collect his winnings.......

yum

529 posts

301 months

Wednesday 29th January 2003
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costs bout £300 through a decent lawyer. Much cheaper if it is a simple one. It gets really complicated if you don't have a will.

Transfers to spouses are free of death duties, but anything else is chargeable over about £250k. If you have a house and some life insurance, you'll pop over that surprisingly quickly.

The way around that is to use a trust (called a nil-rate band trust) to put £250k in for kids if you have them, such that if both parents die within a short period of time, you at least protect the £250k from tax.

If there will be lots of assets when you die (even if not at the moment), it's worth paying for some good advice.

plotloss

67,280 posts

298 months

Wednesday 29th January 2003
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Get one, its worth its weight in gold.

Dieing in probate means Gordon gets a chunk of everything. Judicious will practice allows you to swerve at least some of the most unjustifiable tax on earth.

Matt.

Aprisa

1,891 posts

286 months

Wednesday 29th January 2003
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Agree 100 % with Plotloss, my Parents died within six months of one another without a will!!
If it wasn't for the addition of my name to the business account a month before (just coincidence) I would have been totally screwed as I was left to run the business. Eighteen months of costly legal crap then ensued.
Do it now, even if its just a basic one.
Nick

raceboy

Original Poster:

13,846 posts

308 months

Wednesday 29th January 2003
quotequote all
My parents have just sorted theirs out so I get everything and the tax bill is minimal, not that I want anything off them anyway I'd much rather see them spend it all and die pennyless but you don't get much choice when you go do you
This house buying lark is getting expensive and complicated
Can I have a clause in my will so Racegirl can't spend it all on shoes?

polar_ben

1,413 posts

287 months

Wednesday 29th January 2003
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SGirl said:
IIRC the taxman can be avoided simply by not having anything to leave to anyone.


We all come into this world with nothing - if you leave it in debt, you've made a profit

deltaf

1,384 posts

285 months

Wednesday 29th January 2003
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Kinda pointless for me make a will.....aint got bugger all to leave!
Unless someone would like to inherit my underwear perhaps?....thought not...

Piglet

6,250 posts

283 months

Wednesday 29th January 2003
quotequote all
Dying intestate (I think that's what you mean plotloss?) doesn't necessarily mean that Gordon gets a chunk but it does make it an absolute pain in the neck (emotionally and financially) for those left behind at a time when they could probably do without the hassle...

I would disagree with the idea of a DIY Will - it'll almost certainly be legal (unless you mess it up big time) but it won't necessarily do what you want it to do - there are some complex rules about the wording of gifts that could cause you to come a cropper and might mean that a gift fails disadvantaging someone you love.

There used to be some charity "make a will" schemes where you'd go and donate 50 quid or something similar to make a will through certain solicitors. Might be worth a look. But otherwise, especially if you're edging around the £250k threshold (and as said above with life insurance that can come pretty quick) make a proper will and take the tax considerations into account.

MikeyT

18,222 posts

299 months

Wednesday 29th January 2003
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You can get what's called a 'mirror' will for you and the missus - whch is basically that, if she pops off, everything come to you and vice versa - but you have to have at least one different executor IIRC.

Cost about 100 quid when we had ours done a couple of years ago.

I went on and on at my dad to update his car and spend some of his hoarded cash – then he went and died suddenly and never got the car he wanted ... it was always 'well next year maybe'

Told him he couldn't take it with him (no pockets in a shroud). Polar Ben has got it right, we come in with nowt and leave with nowt, what happens in between is incidental

cotty

42,146 posts

312 months

Wednesday 29th January 2003
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My parents are trying to put their house in my name so that when they pop their clogs the tax man does not take a big chunk but the could be problems if your married, you split and your ex-wife gets half your parents house as well as half yours

Piglet

6,250 posts

283 months

Wednesday 29th January 2003
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cotty said: My parents are trying to put their house in my name so that when they pop their clogs the tax man does not take a big chunk but the could be problems if your married, you split and your ex-wife gets half your parents house as well as half yours


You'd get problems if you went bankrupt as well...

robkola

1,589 posts

292 months

Wednesday 29th January 2003
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Once it's 100% in your name . . you can evict them!!!




cotty said: My parents are trying to put their house in my name so that when they pop their clogs the tax man does not take a big chunk but the could be problems if your married, you split and your ex-wife gets half your parents house as well as half yours


pdv6

16,442 posts

289 months

Wednesday 29th January 2003
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cotty said: My parents are trying to put their house in my name so that when they pop their clogs the tax man does not take a big chunk but the could be problems if your married, you split and your ex-wife gets half your parents house as well as half yours


IIRC, unless its your permanent place of residence you might get clobbered for capital gains!

Also, to get 100% tax relief, it'd have to be in your name for 7 years or more before they shuffle off...

raceboy

Original Poster:

13,846 posts

308 months

Wednesday 29th January 2003
quotequote all
Not sure of the exact details, I just signed on the dotted line but my name is now on the deads to my parents house as well as theirs, apparently if they go mad and need to be put in a home the house can't be used to pay for the care because it's 1/3 mine

pdv6

16,442 posts

289 months

Wednesday 29th January 2003
quotequote all
Sounds like a rather good plan!
I guess you weren't clobbered for capital gains on 1/3 value of the house, then?

Piglet

6,250 posts

283 months

Wednesday 29th January 2003
quotequote all
I didn't think this worked as a plan? Can't remember the exact details but even though they the DSS (or whoever) can't force the sale of the house they can probably still stick a charge on your parents share of it and claim their cash back later.

Anyone know about this?

Marcos maniac

3,148 posts

289 months

Wednesday 29th January 2003
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the seven year thing is a bit of a barsteward, if you know that you are going to pop your clogs you cant start giving chunks of your fortune away to relatives etc, as they will get taxed on it.


Ive put my life insurance payout in trust for the kids to save them getting collared. still leaves house and business etc that can be taxed ;banghead; hopefully i will last until the kids are old enough to become directors and I can sell them my shares for a £1.