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Will Questionnairedoc - Neves and Dyer Solicitors

By Sam Scott,2014-07-11 08:52
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Will Questionnairedoc - Neves and Dyer Solicitors ...

    CONFIDENTIAL WILLS QUESTIONNAIRE

    This questionnaire is designed to assist you in understanding and focusing on the requirements of a Will. The notes that you make in each section applicable to your circumstances also allow us to provide you with the most appropriate advice.

    We do not expect that all sections apply to you and there are likely to be others that you wish to discuss in more detail before making a decision. Please feel free to include ‘discuss’ in those particular boxes and we will pick this up at any meeting.

    Even if you are unsure as to exactly how you wish to divide your estate, if you know who you would like to include, then we would ask you for their full name(s), addresses and relationship to you so that we can best advise you. It is then open for us to discuss the issues important to you in any meeting instead of taking this information. In addition, it may help you to set out a family tree if you think your situation is complicated.

    The questionnaire is starting point for drafting a document that can be amended until you are happy that it reflects your wishes and you are ready to sign a top copy. Our role is to assist you in achieving this from the initial information. In other words, we do not expect you to have all the answers for us. Please ask about anything you are unsure of.

    We have set out below definitions of the roles taken in a Will to help you choose appropriate people to act in this capacity.

Executors

    You can appoint between 1 and 4 Executors. The person(s) you nominate must carry out the instructions in your Will and distribute your estate.

Trustees

    You can appoint between 2 and 4 Trustees. They are the people responsible for managing and administering any Trusts arising from your Will. If your Will states that a minor (someone under 18) is or could potentially be a beneficiary then Trustees must be appointed.

Who Can Act as Executor and/or Trustee?

    You should appoint people you believe would be trustworthy, respect your wishes and who would be able to cope with the responsibility. The same people can be both Executors and Trustees; you can overlap with one or two people; or have totally separate people for each role.

    As husband, wife, partner, member of your family friend and professional people such as a firm of solicitors, accountants or a bank can be appointed. For example, married couples often appoint each other as Executor but include a backup provision of an alternative person just in case. For the avoidance of doubt, a beneficiary can also be an Executor or Trustee. Guardians

    You can nominate a person or persons to be responsible for any children under the age of 18 in the event of your death. This is usually undertaken only after both parents have died. Often this is the hardest decision. Again, anyone can be appointed and sometimes it maybe that a friend is best suited to being a guardian in place of a family member. If it is your choice to appoint them, and there are usually good reasons for doing so, then you wishes are likely to be respected.

TERMS IN YOUR WILL

Beneficiary

    A person who inherits under your Will.

Life Interest

    This is a way in which you can ensure a particular beneficiary (such as a spouse or partner) is looked after following your death, but ultimately on their death the capital will pass to an alternative beneficiary or beneficiaries under the terms of your Will and not theirs.

    All or part of your estate is held by your Trustees and becomes a Trust Fund. The Trustees will invest the Trust Fund and any interest arising is applied to the beneficiary. Such a Trust is often set up to provide the beneficiary with the use of a home. It can be for the purposes of protecting monies for children in the case of a surviving spouse remarrying and also by those with partners or second marriages who wish to protect their assets for their own families eventually.

Legacies/Gifts

    You can give gifts of personal; possessions or money to individual beneficiaries aside from the main part of your estate. These are always settled first after the expenses of the estate.

Residue

    This is the remainder of your estate after payment of liabilities, expenses and personal gifts. You can divide it between as many or as few beneficiaries as you wish. Consider whether any beneficiary has children and if you would wish them to inherit in place of their parent if the situation arose.

    Please email this questionnaire to us or otherwise contact us to make an appointment and bring it with you to assist during any meeting.

    Your Details and Personal Circumstances

    1 Full name(s) (Please underline your surname)

     Are you known by any other name?

    2 Full Address (including post-code)

    3 Telephone number

    Mobile number

    4 Date of Birth

    5 Occupation

    6 Your Employer

    7 Have you made a Will before? Yes / No

    If so where is the original?

    8 Your status (e.g. single, married, cohabiting, widowed,

    divorced, separated, in a civil partnership) Please state

    which descriptions apply particularly if more than one.

    Please give present husband’s/wife’s/Partner’s full

    name and details of any court orders including dates if

    applicable to either of your circumstances

    9 If you have any children please note their full names

    and ages/dates of birth, (and if they do not live with

    you, their addresses)

    10 Apart from anyone already named on this form are Yes/No

there any other persons dependent on you in any

    way?

    If so please identify them and their dependency.

    11 If you own land or a house/flat/bungalow please state the address and the approximate value of the

    property.

    If you are a joint owner who is/are the other owner/s?

What percentage do you own?

Do you recall if you own the property as joint tenants

    or tenants in common?

Where are the Title Deeds?

Do you have a mortgage? If so,

    (a) What is the approximate amount outstanding

(b) Is it covered by life policy?

    12 Do you own your own business or have an interest in one? If so, please give details

    13 Do you own any property or hold any money outside the UK? (Please give details)

    14 Approximate total value of solely owned assets. (Please continue on a separate sheet if necessary). Bank accounts

Building Society accounts

PEPs/Unit Trusts/Shares

Life Policies

National Savings

Pension lump sum payments

Death in service benefit

Other

Approximate total value of jointly owned assets

    (please state who is the other joint owner).

Bank accounts

Building Society accounts

PEPs/Unit Trusts/Shares

Life Policies

National Savings

Pension lump sum payments

Other

    15 Do you now, or might you, benefit under any Trust or settlement or Will? (Please give details).

    16 Have you made any gift (other than to your spouse or to a charity) in the last 7 years, or do you intend to in

    the near future? (Please give details and ignore gifts

    up to ?3,000 in any one tax year)

Your Wishes in Your Will

    1 Who do you wish to be your

    (a) Executor/s? (Please read the notes on this)

Please give full names and addresses.

(b) Trustees (Please read the notes on this)

Please give full names and addresses if different from

    your Executors.

    2 Your Will can contain your wishes regarding your funeral. (e.g. cremation or burial/type of

    service/scattering of ashes). If you would like to do so

    please note them here.

    3 If you have any children under 18 years, do you wish Yes/No

    to appoint guardians?

    If yes please give full names and addresses and you

    relationship to that person/s.

    4 Please detail any cash legacies you wish to be paid out

    even if your spouse/partner or other main beneficiary

    survives you and inherits the residue of your Estate.

    (Include the amount of money and the full name and

    address of each beneficiary).

    Please details of any non cash gifts you wish to be

    paid out even if your spouse/partner or other main

    beneficiary survives you and inherits the residue of

    your Estate. (Include full description and the full name

    and address of each beneficiary).

    5 On your death do you wish to leave all/the remainder Yes/No

    your Estate unconditionally to your spouse/partner if

    you die before him/her?

    6 Do you want your Will to contain a life interest?

    (Please read the notes on this) If so, please provide

    details of the beneficiaries involved and say why you

    think the life interest is appropriate.

    7 If your spouse/partner dies before you, do you wish to

    leave all your Estate equally between your children?

    If you wish to include any partners/spouse’s children

    too, please give details

    8 If any of your children die before you, do you wish

    their share to go to:- a) Their spouse? a) Yes/No b) Their children? b) Yes/No c) If there are no children (i.e. your grandchildren) of c) Yes/No

    a deceased child and you do not wish to include

    them; your surviving children? 9 Please detail any cash legacies you wish to be paid out if your main beneficiary (e.g. spouse/partner) does not

    survive you. (Include the amount of money and the

    full name and address of each beneficiary).

Please detail any non cash gifts you wish to be paid

    out if your main beneficiary (e.g. spouse/partner) does

    not survive you. (Include a full description and the full

    name and address of each beneficiary).

    10 To whom do you wish to leave the remainder of your Estate if 8 above does not apply? (Please give full

    names and addresses). (i.e. where you have no

    children or grandchildren/you all pass away at the

    same time).

If more than one person please indicate how it is to be

    divided, are they to have equal or unequal shares?

    11 If any beneficiary named in your Will is under the age of 18 years, do you intend that they inherit at 18 years

    or if not when? (NB: you can stagger payments at

    various ages).

    12 Is there anything you wish to say about how your Estate is to be dealt with or divided that has not been

    covered so far?

    13 Where did you hear about Neves & Dyer?

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