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Power of Attorney Authorize someone to make decisions on your behalf. Estate planning FAQs. What's the difference between a Will and an Estate Plan? Input your question here Characters remaining: Looking for something else? This is because these are exempt Beneficiaries.

It's important to consider this when deciding what to leave to whom. Inheritance Tax rules are complex, so it's a good idea to seek advice from a professional Will Writer, such as Co-op Legal Services. What's more, there are different ways in which you can make a gift to someone in your Will. Some of these gifts will be paid before others, so if you don't plan properly then some of your loved ones might not be as well provided for as you'd hoped. This is another reason why we would always recommend seeking professional help when drafting your Will.

For more information on how the different types of gift, or legacy, work, see Legacies in Wills and Probate Explained. Name Your Executor First thing to consider is who you want to act as your Executor. Funeral Wishes You can include funeral wishes in your Will, such as whether you would like to be buried or cremated, or where you would like to be buried.

Name Legal Guardians for Your Children If you have children under the age of 18, then you can make provisions for their care in your Will. Naming Your Beneficiaries Once you have established what could be in your Estate, you need to decide who you would like this to pass to on your death.

Related articles Yes, you are allowed to name a beneficiary as an executor of your will. However, you are not allowed to ask a beneficiary to witness your will.

A discretionary trust is when money or other assets are held in a trust and your trustees decide which people become beneficiaries and when. More articles Probate This year Who is entitled to read a will after death? How long after probate is granted does it take to receive inheritance? Do I need probate if I have power of attorney? How long does probate take if there is a will?

When there is no Will, who is the personal representative? The difference between an executor and an administrator Legacies in wills and probate explained When does an executor have to pay beneficiaries?

Contesting a will refers to challenging the legal validity of all or part of the document. A beneficiary who feels slighted by the terms of a will might choose to contest it. Depending on which state you live in, so too might a spouse, ex-spouse or child who believes your stated wishes go against local probate laws.

A will can be contested for any number of other reasons: it wasn't properly witnessed; you weren't competent when you signed it; or it's the result of coercion or fraud. It's usually up to a probate judge to settle the dispute. The key to successfully contesting a will is finding legitimate legal fault with it.

A clearly drafted and validly executed will is the best defense. You may also like: 5 tips for easing into retirement. Visit the AARP state page for information about events, news and resources near you. You are leaving AARP. Please return to AARP. You'll start receiving the latest news, benefits, events, and programs related to AARP's mission to empower people to choose how they live as they age.

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Javascript must be enabled to use this site. Please enable Javascript in your browser and try again. Now Reading:. Membership My Account. Rewards for Good. Share with facebook. Share with twitter. Share with linkedin. Share using email. What happens if I die without a will? Do I need an attorney to prepare my will? Should my spouse and I have a joint will or separate wills?

You may wish to specify who owns these once you pass on. If you have social media accounts, you can also request specific people to delete or take these over on your behalf. It can be a good idea to leave passwords and login details to the executor to manage your digital assets. However, it's important not to include passwords in the will itself, as that document will become a matter of public record, potentially meaning anyone can access it.

As a solution, login details should be stored safely in a separate document, with instructions in your will on how to find it. Many people care for their pets like members of their family. Within your will, you can leave the care of your pets to a specific person, although it's worth checking with them beforehand to ensure they'd be willing to take on the responsibility. In some cases, people have left a fortune to their pets, which is then held on trust, as in the case of multi-millionaire German Shepherd Gunther IV.

More commonly, you could name a caretaker and put aside a sum to be used for looking after that animal. People often opt to include a paragraph in their will specifying their wishes for their funeral and the disposal of their body - for example, whether you'd like to be buried or cremated, where your remains should be buried or scattered, and your views on organ donation.

These instructions aren't legally-binding, as your executors have decision-making power over your funeral and remains. But last wishes will usually be followed, and can spare your loved ones difficult decisions at a distressing time.

That said, keep in mind that your will might not be read until your funeral plans are already in place, so it may be wise to share your wishes with a trusted loved one - or even the executor - beforehand. If you want support writing your will, you can have it reviewed by Which? Wills - visit Which? Wills to find out more. Financial Services Limited. Financial Services Limited is a wholly-owned subsidiary of Which? Limited and part of the Which?

Money Compare is a trading name of Which? Money Compare content is hosted by Which? Limited on behalf of Which? In this article. What can you leave in your will? Is your will valid?



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