The Guide Top Ten: With the best will in the world … your loved ones will thank you for planning ahead

Published on Wednesday 1 September 2010 22:36

According to a recent Panorama programme, two-thirds of the population do not have a will. Writing a will is not as daunting as it may appear, but it's important to get things moving by preparing a pre-will checklist before going to a solicitor.

1 DON'T SCRIMP

Think very carefully before being tempted by cheap "one size fits all" facilities, such as the DIY will packs available from some newsagents and likely to be drafted in terms of English law. Be aware also that until legislation currently going through the Scottish Parliament is enacted, the non-solicitor "will-writing industry" remains unregulated.

2 KNOW WHAT YOU ARE WORTH Write down a full list of all your heritable assets (i.e. property) and moveable assets (i.e. cash, shares, consumer and household goods). This should give you a good idea of what your estate is worth in total and should help in deciding how to "divide the cake".

3 GIFT ACCOUNT In a similar vein to the above, set out details of gifts of cash or goods that have been made to children, other close relatives or friends within the past seven years. Any gifts above the value of 3,000 in any one year and made within seven years of a person's death will, under current HM Revenue & Customs (HMRC) rules be treated as part of the deceased's estate and therefore potentially liable for inheritance tax.

4 ANTICIPATE IHT Should it be obvious that your estate will become liable for inheritance tax (IHT) it may be worth considering taking out a life insurance policy that will produce funds that may go some way to meeting any IHT liability on death. It is also possible to insure against gifts made within seven years of death from becoming part of a deceased person's estate. Remember that when an estate does become liable for IHT, the executors will need to take out a loan or the beneficiaries will have to fund the tax payments initially from their own pockets because IHT is payable to HMRC before the assets can be realised by the executors.

5 TOGETHERNESS Although a husband and wife will normally make separate wills, they may wish to discuss the provisions with one another in advance in order to ensure that each will is appropriately drafted. Usually, when a married person dies the major assets will go to the survivor (especially if there are IHT implications) or should they both die together (e.g. in a road accident) the assets will be bequeathed to the same named beneficiaries.

6 CHILD-CENTRED In the case of second marriages, it may be prudent to think carefully about what would happen if dependent children were left in the care of a step-parent and how this would affect their eventual inheritance.Any natural parents in a second marriage who wish to ensure that at least part of their estate goes to their children (and is not gobbled up by the surviving step-parent) should consult their solicitor about including trust provisions that will "ring fence" the interests of the children, especially if they are below the age of adult responsibility.

7 DISINHERITING SOMEONE Sadly, some parents do on occasion decide for certain reasons to disinherit an adult son or daughter. However there are circumstances in which a disinherited offspring might make a claim. Under Scots law, the legal child of a deceased person - even if specifically excluded from the will - may still have a claim on part of the estate, and the size of that claim will depend on how many siblings there are and whether or not the deceased person was married. In a less extreme case, a parent who simply wishes to delay passing on an inheritance to a younger adult can have the assets held in trust until the beneficiary reaches a set age.

8 FOLLOWING YOUR WISHES Choose the executor (or executors) of your will carefully. A close relative or trusted friend is an obvious choice, but should be complemented by someone, such as a solicitor, who has no personal interest in the distribution of the estate. The most beneficial arrangement is to have an odd number of executors so that any disagreements regarding an estate do not end in deadlock.

9 DISABILITY DIMENSION Consider granting power of attorney at the same time as writing a will. Many people make the mistake of assuming that the executors will automatically be granted power of attorney should an accident or illness lead to a serious and permanent mental or physical impairment. A power of attorney document has to be drawn up separately - but this can be done simultaneously with the will.

10 NOT THE END

Unless you are particularly aged or in poor health, do not approach the writing of a will in terms of "putting your affairs in order", as if this means any further action is not required. Draw up a future timetable to regularly review your financial circumstances, as any major changes in these will probably require an alteration in your will.