Estate planning when you’ve been widowed more than once Losing a spouse is one of life’s most profound challenges. When this loss occurs more than once, it magnifies both the emotional and practical complexities involved in moving forward. One area that becomes particularly intricate after being widowed more than once is estate planning. The evolving family dynamics, mixed financial responsibilities, and lingering emotional considerations can all make the task appear overwhelming. However, by facing these challenges with clarity and foresight, individuals can protect their assets, provide for their loved ones, and ensure their legacy is honoured according to their wishes. Understanding the Unique Challenges When someone has experienced the death of more than one spouse, they often find themselves managing not only their own estate but also the remnants of previous spouses’ estates. This adds layers of complexity that go beyond ordinary estate planning. It is common to encounter blended families, stepchildren, legal obligations tied to previous estates, and differing expectations about inheritance. Each marriage may have brought new assets, debts, and dependents into the picture. If previous estate plans were not fully integrated, overlapping or conflicting documents can need resolving. The survivor may be tasked with executing on a variety of wills or trust agreements, as well as interpreting informal promises made over the course of multiple partnerships. These challenges are further complicated when adult children or executors from earlier relationships feel entitled to particular assets or roles. As difficult as it may be to articulate and revise estate intentions in the wake of grief, it is vital for those who have been widowed more than once to treat estate planning as an ongoing, intentional process, rather than a one-time obligation. Reviewing and Updating Existing Documents One of the first steps in effective estate planning after the death of a second or later spouse is conducting a thorough review of existing estate documents. These include wills, trusts, lasting powers of attorney, advance directives, and any beneficiary designations on investment accounts and insurance policies. Many widowed individuals forget to update these records after each loss, potentially leading to outdated or contradictory instructions. For instance, a will may still include provisions for a predeceased spouse or allocate resources to deceased stepchildren. Similarly, trust documents may no longer align with current circumstances, especially when trusts were created jointly with a previous spouse. It is critical to revise or revoke outdated documents and reissue current versions that accurately reflect one’s present wishes. Engaging with an experienced estate solicitor with expertise in complex family structures can help streamline this process and avoid unintended outcomes. Balancing Obligations to Multiple Families A significant consideration in estate planning after multiple widowhoods is determining how to equitably distribute assets among surviving biological children, stepchildren, and potentially other beneficiaries such as grandchildren or close friends. Emotional ties can vary widely, particularly in blended families, where relationships may have evolved over years or even decades. Sometimes, a surviving spouse has played a parental role in the lives of stepchildren and wants to acknowledge their importance through inheritance. In other cases, family bonds may have faded over time. Often, the sentiment of being ‘fair’ competes with the desire to acknowledge who is presently most connected and supportive. Transparency is advisable. Having open and honest conversations with beneficiaries about what they can expect—and why—helps reduce the possibility of disputes or disappointments later. Creating a letter of wishes to accompany formal documents can provide clarity without adding legal complexity, explaining personal reasoning in a meaningful way. Addressing Inheritance from Previous Spouses It is not uncommon for those widowed more than once to have inherited varying assets from each late spouse. This can include real property, investments, or even pension rights. Each inheritance may have come with specific conditions or informal understandings about how those resources should be used or passed on. For example, you may have inherited a home from your first spouse, which their children see as a future legacy. If a later spouse contributed to newer assets or debts, those obligations will need their own management strategy. In some cases, assets were jointly held, and the surviving spouse became the sole owner. Clarifying the origins and intended use of each major asset is essential for accurate and harmonious estate planning. Legal tools such as life interest trusts or tenancy-in-common agreements may help strike a fair balance. These can allow current partners or dependants to benefit from use of the asset during their lifetime, while ultimately ensuring that ownership passes to children from a previous relationship. Tax Considerations and Planning Opportunities The structure of an estate can significantly affect the tax liabilities of heirs. Individuals who have been widowed more than once may have the opportunity to strategically mitigate inheritance tax (IHT) for their beneficiaries. In the UK, a surviving spouse is typically exempt from IHT when they inherit from their partner. Furthermore, any unused portion of a deceased spouse’s nil rate band can often be transferred to the surviving spouse’s estate. In the case of multiple widowhoods, careful calculations should be carried out to maximise the benefits of such allowances from each deceased spouse where applicable. For individuals who are asset-rich, establishing a trust can be a helpful mechanism for managing tax exposure while ensuring more control over how those assets are used after death. Trusts may also be used to provide for dependants who may not be financially responsible, or to manage the timing of inheritance disbursement. Another area to review is pension planning. Depending on the terms of private pension arrangements, it might be possible to nominate different beneficiaries or allocate specific benefits among multiple heirs in a tax-efficient manner. Choosing Guardians and Executors Thoughtfully Appointing executors, trustees, and guardians is always an important part of any estate plan. In circumstances involving multiple families or complex histories, these roles should be filled with extra care. The individuals chosen must have the skills and temperament to carry out your wishes fairly and efficiently, without being compromised by internal family

Special considerations for estates that include timeshares When planning or administering an estate, various types of assets must be considered, including real property, investment accounts, collectibles, personal belongings, and digital assets. Among these, timeshares often present unique and complex challenges that can significantly affect estate planning and probate administration. Timeshares, by their nature, straddle the lines between real estate and personal property, and involve precise legal, financial, and logistical considerations. Their hybrid characteristics require specialised attention to ensure a smooth and cost-efficient transfer to beneficiaries or heirs. The Nature of Timeshare Ownership and Its Legal Implications Timeshares represent a right to use a property, usually for a specific period each year. These rights can take several forms. Fee simple ownership involves owning a fractional interest in real property and is often considered the most complete form of timeshare ownership. In contrast, a right-to-use arrangement is contractual and grants access to the property without conferring actual ownership. Timeshare ownership can also exist within a points-based system offering flexibility across multiple properties and locations. Each of these structures brings distinct legal implications. Fee simple interests may need to be probated in the jurisdiction where the property is located, even if the decedent resided elsewhere. Right-to-use contracts are generally managed according to the rules stipulated in the agreement, sometimes bypassing traditional probate proceedings. Understanding the precise nature of the timeshare interest is crucial, as it governs how the asset is transferred, inherited, taxed, or even refused by heirs. Estate Planning Options for Timeshare Assets Owners intending to include timeshares in their estate plan need to approach the task with care. The first step involves thoroughly documenting all details of the timeshare, including ownership type, location, annual maintenance fees, contract terms, and whether there are usage points or intervals. Clear documentation ensures that future executors and beneficiaries will have the information necessary to make informed decisions. Creating a will that explicitly outlines how the timeshare should be handled can help avoid conflicts later, but for properties located in different jurisdictions, a will alone may not be sufficient. Depending on the country or state where the timeshare is located, ancillary probate might be required. This involves opening secondary probate proceedings in the jurisdiction of the property, which can add time and expense to estate administration. Alternatively, placing the timeshare in a trust might circumvent probate altogether. A revocable living trust can be used to hold title to the timeshare during the owner’s lifetime and seamlessly transfer ownership upon death. This method avoids the complexities associated with probate and can offer a smoother transition for beneficiaries. Depending on the laws of the jurisdiction in which the timeshare is located, additional steps such as re-titling the property into the name of the trust may be required. Challenges Faced by Heirs and Executors Heirs who inherit a timeshare may encounter several complications, not least of which are ongoing fees, potential travel burdens, and limited usage rights. Most timeshares require annual maintenance fees that continue regardless of whether the timeshare is actually used. These fees can escalate over time and may not reflect the actual value or utility the heir gains from the property. In some cases, heirs may find themselves inheriting both the asset and its liabilities. Executors play a vital role in managing and transferring timeshares in accordance with the decedent’s wishes and legal requirements. However, if the executor is unfamiliar with timeshare administration, the process can be arduous. Tasks such as transferring title, contacting the management company, notifying the relevant jurisdiction’s probate court, and navigating international laws (in the case of foreign-held timeshares) can create a steep learning curve. If multiple beneficiaries are named, additional issues can arise regarding usage schedules, sharing responsibilities, and settling disputes. In cases where one heir wants to sell their share or relinquish ownership while others prefer to retain it, finding an equitable solution can be difficult. Tax Considerations and Implications Timeshares, like all assets, may be subject to inheritance tax, capital gains tax, and other related levies. For UK residents inheriting a timeshare located abroad, foreign tax laws must also be considered. Many countries impose their own estate or inheritance taxes, which may apply even if the timeshare interest is nominal or seldom used. When the timeshare is eventually sold, capital gains tax might be due on the difference between the sale price and the acquisition value or probate valuation. The taxation becomes more complex when beneficiaries reside in different jurisdictions or when the estate spans multiple tax regimes. Diligent planning, supported by qualified tax professionals, is essential to mitigate unnecessary liabilities. It is often advisable to obtain appraisals of the asset, particularly for high-value or international timeshares, in order to substantiate valuations for tax purposes. Transferring and Disclaiming Timeshares Transferring ownership of a timeshare posthumously involves adhering to both legal requirements and procedural demands set forth by the managing body, such as a resort or management company. These entities often require specific documents, administrative fees, and legal proofs before approving a transfer. It’s not uncommon for delays to result from missing paperwork or unclear probate documentation, which can be both frustrating and expensive. In some cases, beneficiaries may decide not to accept a timeshare due to the financial or practical burdens associated with the asset. Legally, heirs typically have the option to disclaim their inheritance within a specified period. Proper legal protocols must be followed to ensure the disclaimer is valid, particularly when other assets in the estate are interconnected with the timeshare holding. Once disclaimed, the timeshare reverts to the estate, and the executor or personal representative then assumes responsibility for deciding its disposition. This may involve selling the timeshare, donating the interest if possible, or even negotiating a surrender with the management company—although not all are amenable to taking back ownership. Selling or Disposing of Timeshares in an Estate Finding a marketplace for selling a timeshare, particularly one held within an estate, can be difficult. The resale value of timeshares is typically low, and the process

Inheritance planning for couples with different domiciles Navigating the complex interplay between personal relationships and international legal regimes can be a daunting task, particularly when it involves matters of inheritance. For couples who hail from different domiciles—meaning their permanent home or legal residence lies in separate countries—the intricacies of estate planning take on an additional layer of complexity. Cross-border inheritance is not merely about who inherits what; it touches on taxation, succession laws, jurisdiction, and even cultural expectations. Strategic and well-informed planning is crucial to ensure the wishes of both parties are honoured while mitigating the risks of unnecessary disputes or financial loss. Defining Domicile and Its Legal Implications At the heart of cross-border inheritance planning lies the concept of domicile. This term refers to the place a person treats as their permanent home where they live, have significant ties, or intend to return. Domicile is a legal status that differs from residence and nationality. In British law, there are three types: domicile of origin (usually assigned at birth), domicile of dependence (applicable during minority or legal dependency), and domicile of choice (acquired by moving to a new country with the intention to remain permanently). Determining an individual’s domicile is crucial because it influences which legal frameworks apply to their estate upon death. For couples where each individual maintains a separate domicile in different jurisdictions, it may result in conflicts of law that can affect property distribution, guardianship, and tax obligations. Legal systems vary dramatically, especially between common law jurisdictions such as the UK and Canada, and civil law jurisdictions like France or Spain, which can present complications for estates spanning multiple countries. Succession Laws and Forced Heirship Protections A common complication in cross-border inheritance involves forced heirship rules, particularly prevalent in many civil law countries. These rules typically prescribe that a defined portion of an estate must go to immediate family members, such as children, regardless of the deceased’s wishes expressed in a will. This principle contrasts with the common law freedom of testamentary disposition, where individuals can designate their estate to anyone of their choosing. This disparity can cause profound issues for couples where one partner is domiciled in a forced heirship jurisdiction. For instance, a British national living in France with their French-domiciled spouse might wish to leave the entire estate to the surviving spouse. However, without strategic planning, French inheritance law may mandate that a portion be reserved for children, circumventing the terms of the will. Double succession and contradictory claims can emerge when one estate is subject to laws from multiple domiciles. In such instances, careful legal structuring is required to harmonise the couple’s wishes with the requisite obligations of each jurisdiction involved. Taxation and the Global Reach of Revenue Authorities Perhaps one of the most pressing concerns for cross-border couples, taxation on inheritance and estates can significantly erode the value of the assets passed on. Different countries have differing rules, rates, and thresholds for inheritance tax, estate tax, and gift tax. While the UK levies inheritance tax on the worldwide assets of individuals domiciled in the UK, many other jurisdictions tax based on location of the asset or the domicile or residence of the beneficiary. Consider a British spouse living in the UK and a German spouse domiciled in Germany who collectively own property in Spain. On death, the estate may be subject to UK inheritance tax, German inheritance tax, and Spanish succession tax, each with its own rules around exemptions and liabilities. Moreover, not all jurisdictions provide relief from double taxation, though some bilateral double taxation treaties exist to prevent the same assets being taxed multiple times. For example, the UK has such treaties with several European nations, but not all. Where treaties exist, they typically allow for tax credits to be applied in the deceased’s home country based on tax paid abroad. Still, navigating these treaties requires specialist advice, as they can be remarkably complex. Estate Planning Tools for Domicile Diversity To address the nuances of cross-border inheritance, couples must take proactive steps to clarify their estate planning. This begins with comprehensive communication: both parties should disclose all financial assets, properties, and liabilities across jurisdictions. From there, a range of legal instruments may be needed to help structure the estate effectively. Wills tailored to individual countries are often essential. Known as mirror wills or separate jurisdictional wills, these documents are drafted in accordance with local law and deal specifically with assets within that country. This ensures the administration of the estate can proceed smoothly and in accordance with local customs. However, care must be taken to avoid inconsistency between multiple wills that could render parts invalid. Establishing trusts may also provide advantageous structures for cross-border couples. Trusts can allow for ongoing management of assets after death, potentially help mitigate tax liabilities, and provide clarity on how and when beneficiaries access their inheritance. Nonetheless, the use of trusts is viewed differently across jurisdictions. Some countries do not recognise trusts legally and may impose punitive tax on perceived attempts to circumvent local succession rules. Lasting Powers of Attorney (LPAs) and advance healthcare directives should also be considered. These documents do not address inheritance directly but are vital in coordinating care and legal authority if one spouse becomes incapacitated. Ideally, these are created in each country where the couple has legal ties or property interests. Navigating Legal Disputes Across Jurisdictions In the event of a disagreement following death, litigation complexity increases when parties are spread across countries with differing legal systems. Establishing which court has jurisdiction to resolve inheritance matters is the first step. The European Succession Regulation, commonly known as Brussels IV, allows EU citizens to choose which country’s laws will apply to their estate. Although the UK opted out of the regulation, British nationals with assets in EU countries may still elect applicable law through clear statements in their will. Choosing the jurisdiction strategically can prevent protracted disputes or uncertainty among beneficiaries. For example, a British national with property in Spain may

Using letters of wishes to guide trustees and executors Estate planning is a nuanced and deeply personal process, involving not only legal instruments such as wills and trusts but also more informal guidance tools that help align the execution of an estate with the values and preferences of the testator or settlor. Among these tools, letters of wishes play a crucial supporting role. These non-binding documents are increasingly recognised as indispensable companions to formal estate documents, offering dynamic and private instructions that can significantly ease the responsibilities of trustees and executors. What is a Letter of Wishes? A letter of wishes is a document, typically written by the person creating a will or setting up a trust, to communicate personal thoughts, intentions and guidance to the individuals who will administer the estate or manage the trust. While it holds no legal force in itself, its persuasive power lies in its context—it is a direct message from the deceased or the settlor to those entrusted with their assets and legacy. Its informality allows it to be more flexible and candid than a will or trust deed. As circumstances change—whether regarding family, finances, or relationships—the letter can be updated with ease, ensuring that trustees and executors have the benefit of up-to-date context and clarification when carrying out their duties. Purposes Served by a Letter of Wishes The purposes served by these letters are diverse and tailored to individual needs, making them a versatile component of modern estate planning. Firstly, they provide personal guidance on how assets should be distributed, especially where discretion is afforded to trustees. For example, a trust might empower trustees to distribute income among beneficiaries as they see fit. A letter of wishes can suggest to whom the income should be allocated first and under what circumstances distributions should be made or withheld. This guidance can be particularly valuable when dealing with complex family dynamics or when minor or vulnerable beneficiaries are involved. Secondly, a letter can outline the rationale behind certain decisions within a will or trust deed. Suppose an estranged child is excluded from a will or given significantly less than their siblings. A well-considered letter can explain the reasoning behind that decision, potentially reducing feelings of resentment and lowering the risk of litigation. Thirdly, the letter can provide trustees and executors with softer, emotional guidance—how the deceased would have liked their children to be raised, for example, or instructions for commemorative events. Such insights can humanise the legal instruments and bring peace of mind to loved ones, knowing they are acting in accordance with the deceased’s true wishes. Advising Trustees: A Signpost Rather Than a Roadmap While not binding, letters of wishes are typically respected and followed by trustees and executors, particularly when the tone of the advice is clear, reasonable and aligns with the overall legal framework of the estate. For trustees of discretionary trusts, whose mandate often includes broad latitude in decision-making, these letters offer valuable direction, helping them understand the settlor’s priorities and expectations without infringing on their independence. Where a trustee is empowered to allocate trust income among a group of beneficiaries, the letter can reveal the motives underpinning the trust’s creation—for instance, favouring a particular grandchild’s education or ensuring a disabled dependent has lifelong support. Provided the beneficiaries are treated equitably within the trust’s terms, following the guidance of a thoughtful letter of wishes can help trustees confidently exercise their judgment. That said, letters of wishes must always be drafted with an awareness of their non-binding nature. Trustees ultimately have fiduciary responsibilities to administer the trust according to the law and the terms of the trust deed. If a letter’s recommendations contradict either, they should not be followed. Instead, the letter should be seen as a signpost—guiding but not compelling—helping trustees fulfil their duties with insight into the settlor’s values and vision. Strengthening Executor Conduct with Personal Guidance Executors, too, benefit from having informal documentation that expands on the testator’s intentions. Ideally, the provisions in the will are sufficient to direct asset administration and distribution, but practicalities often require interpretation. For example, a will may leave certain personal items to heirs without detailing which individual receives what. A letter of wishes could specify that a particular watch be given to the testator’s godchild, or that family portraits remain in their ancestral home. Similarly, where the estate involves closely held business interests, charitable donations, or sentimental belongings, a letter can outline the context behind these elements. This can support an executor’s efforts to administer the estate in a way that maintains family harmony or aligns with the deceased’s principles on philanthropy and social responsibility. Important Considerations When Drafting a Letter Given the letter’s influential potential, care should be taken in its drafting. It should be clearly written, emotionally intelligent, and internally consistent. Ambiguity or contradictory recommendations can confuse trustees or executors and increase the likelihood of disputes among beneficiaries. Tone matters significantly in letters of wishes. Though written from the perspective of authority, the best ones adopt a collaborative and encouraging tone. Rather than issuing directives, effective letters express preferences—especially since the legal framework does not compel compliance. For instance, the phrase “I would prefer” or “It would be my hope” is preferential to “You must,” which can be misleading and risk causing tension. Clarity about the status of the letter is equally important. The document should clearly state that it is not legally binding, and it should not contain anything that might unintentionally amend or override the operative estate documents. To that extent, it is prudent to involve estate planning professionals in its drafting or at least in its review, ensuring consistency with the trust deed and the will. Confidentiality and the Letter of Wishes A significant benefit of a letter of wishes is its confidentiality. Unlike a will, which becomes a public document once probate is granted, and unlike trust deeds, which may be disclosed to beneficiaries, letters of wishes are private documents available only to trustees or executors.

Ensuring pets with long lifespans are cared for in your estate Estate planning is often a deeply personal and thoughtful process, ensuring that one’s wishes are honoured and loved ones are cared for after passing. However, many people overlook one critical component of this planning: the lifelong care of their pets, especially those species that boast impressively long lifespans. Parrots, tortoises, certain reptiles, and even larger breeds of dogs and cats can live for several decades, often longer than their owners. As such, ensuring these pets have a secure and well-thought-out future is a moral responsibility that requires careful legal, financial, and emotional consideration. The Unique Challenge of Long-Living Pets Unlike typical companion animals like small dogs or hamsters, many pets can live well beyond the average 10 to 15 years we commonly associate with domesticated animals. African Grey parrots, for example, are known to live between 40 and 60 years, some even reaching into their 70s. Similarly, many species of tortoises can live 50 years or more, with some exceeding a century in age under proper care. Certain koi fish, a popular choice for ornamental ponds, have also been known to live for decades. Such extended lifespans present a unique challenge for pet owners. These animals aren’t just part of a person’s current life stage—they may well require care for multiple generations. When acquiring or adopting a long-lived pet, individuals take on a lasting commitment. But as life is unpredictable, it is crucial to plan for what happens if the pet outlives its owner. Without planning, these animals risk neglect, abandonment, or placement in underfunded rescues or shelters where their specific needs may not be adequately met. Legal Status of Pets in Estate Law In the eyes of the law, pets are still considered property. This classification limits their rights and protections unless specific legal arrangements are put into place. A pet, no matter how beloved, does not have the legal power to inherit assets in the same way a human heir can. However, this does not mean that an owner cannot ensure their animal is properly looked after. With thoughtful estate planning, it is entirely possible to create a structure that provides for a pet both financially and logistically. There are several legal mechanisms one can use to achieve this. These include pet provisions within a Will, designated pet guardians, or even more complex solutions such as setting up a pet trust. Each of these carries varying degrees of control, flexibility, and enforceability, so understanding the right fit based on the owner’s needs and the pet’s characteristics is essential. Including Pets in a Will The most straightforward way to make arrangements is by including pet care instructions and a designated caregiver in one’s Will. This method allows the testator to specify who will take custody of the pet and whether any money will be given to that person to aid in the care. While this approach is simple to execute, it does have limitations. Firstly, any bequest in a Will does not take effect until the estate goes through probate, meaning there could be a delay before the appointed caretaker assumes responsibility. During this interim period, the pet might be left without proper care unless prior arrangements have been made. Moreover, once the named beneficiary receives the pet and any accompanying funds, they are under no legal obligation to use the money as intended. This issue is particularly concerning in cases requiring specialised care or significant financial expenditure, as with exotic pets or those with extensive lifespans. Pet Trusts: A Longer-Term Solution Because of these limitations, many estate planners now recommend the use of legally backed pet trusts as a more secure solution, especially in cases involving pets with longevity. A pet trust is a legal arrangement that creates a fiduciary responsibility to care for the pet according to the owner’s explicit instructions. This ensures the animal’s lifestyle, routine, diet, medical care, and more are all respected and provided for, with allocated funds strictly used for these purposes. In this structure, the trust typically names three types of parties: the pet as the beneficiary, a trustee (who manages the funds), and a caregiver (or guardian) who manages day-to-day responsibilities. The owner may also name a trust protector—a separate individual or institution responsible for ensuring the trust functions as intended and addressing disputes or issues that arise. This arrangement is robust and highly customisable. Not only can it ensure care for many years, but it also introduces accountability and oversight, reducing the likelihood of abuse or mismanagement of funds. Additionally, the trust comes into effect immediately upon death or incapacitation, bypassing probate delays and ensuring a seamless transition of the pet’s care. Calculating and Allocating Financial Resources Caring for a long-living pet is not just about feeding and shelter. These animals often require specialised diets, veterinary care including diagnostics and surgeries, environmental maintenance, and in the case of birds and reptiles, enrichment and climate-controlled conditions. Consequently, an important part of any estate plan is calculating the financial resources required for the pet’s ongoing needs. To set a realistic funding target, owners should begin with a detailed log of the current costs involved in the pet’s upkeep. They must then extrapolate these over the expected remaining lifespan of the animal, adjusting for inflation and possible increases in medical expenses as the pet ages. It is also wise to factor in some contingencies—emergency treatments, changes in living arrangements, or even hiring a professional pet care provider in the absence of willing or capable family members. It is not uncommon for well-intentioned owners to either overestimate or underestimate these expenses. Working with an estate planner or financial advisor can be helpful in drafting a sustainable, well-funded plan. Any surplus funds can be designated to a charity or rescue organisation upon the pet’s passing, further contributing to animal welfare and aligning with the owner’s values. Choosing the Right Caregiver Selecting a caregiver or custodian is not a mere formality—it is one of

Estate planning tips for frequent travellers and digital nomads Living a life of adventure, whether that means hopping between countries or working remotely from diverse locations across the globe, can be exhilarating. However, frequent travelling and digital nomadism come with their own unique challenges, especially when it comes to preparing for the unexpected. Many globetrotters neglect to plan for events such as sudden illness, injury, or worse, assuming such concerns are far down the line or unnecessary amidst their active lifestyles. But legal and financial security should never be sacrificed for the sake of mobility. The reality is that unexpected events can occur anywhere and at any time. Being constantly on the move, away from home, possibly lacking consistent access to trusted medical facilities or legal professionals, makes it all the more critical to have plans in place. Estate planning may sound like something reserved for property owners, elderly individuals, or families with complex assets. In truth, even a solo remote worker with a laptop and a modest bank account benefits greatly from having their affairs in order. Taking Stock of Your Assets The first step in responsible planning involves cataloguing all assets, regardless of size or value. For digital nomads, these might not include homes or classic cars, but they often involve a combination of online financial holdings, physical possessions kept in storage or at a family member’s home, personal electronics, cryptocurrency, and even intellectual property like websites or content libraries. Make a comprehensive inventory of everything you own. Include digital assets, such as email accounts, social media profiles, cloud storage, virtual workspace subscriptions, and shared drives. Ensure all login information is stored securely in a password manager with clear instructions for access laid out in separate documentation. Remember, you don’t need to be wealthy to have assets worth protecting and passing on. Crafting a Will That Matches a Mobile Lifestyle A legally valid will remains one of the most basic, yet vital components of a sound plan. It outlines who should receive your belongings and how they should be distributed. For people constantly travelling, it’s best to work with a solicitor who understands international circumstances. If your travels span multiple countries—particularly ones where you own or intend to own property—research if special legal provisions or separate wills are advisable under each jurisdiction. Consider selecting an executor who is not only trustworthy but also informed about the logistics of your lifestyle. Someone who understands what digital footprints entail, who knows where your assets are located, and who can handle navigating cross-border legal matters can provide immense peace of mind. Some nomads choose to name a professional executor, especially if family or close friends are not geographically close or equipped to manage the responsibilities. Establishing Power of Attorney In the event that accidental injury or illness leaves you unable to make decisions about your healthcare or finances, establishing power of attorney becomes paramount. This legal document designates a trusted individual to act on your behalf. For long-term travellers, having a durable or enduring power of attorney ensures that someone can handle matters such as paying your bills, managing investments, or coordinating care without needing to return home. You might consider two separate types: a financial power of attorney and a health care proxy (also known in many parts of the world as a health and welfare power of attorney). Ensure the assigned individuals understand your values and lifestyle choices. It’s also helpful for these documents to be accessible remotely and filed correctly as per local legal expectations. Considering a Living Will or Advance Directive Alongside appointing healthcare proxies, consider drafting a living will (or advance healthcare directive). This document outlines your preferences for medical treatment in case you’re incapacitated and unable to communicate. For global citizens, making these wishes clear avoids confusion in foreign medical systems that may approach treatment differently and may not be subject to the same laws as your home country. It’s prudent to translate your directive if you’re frequently residing in non-English-speaking countries and carry a copy either on your person or as part of an electronic health record system. Some nomads now wear medical ID jewellery or keep emergency QR code cards in their wallets that link to this essential information. Protecting Digital Legacies and Online Accounts A crucial aspect often overlooked is the management of one’s digital legacy. This includes everything from online banking to social media accounts, subscription services, unpublished creative works, blogs, email accounts, and cloud-stored documents. Services offered by Google, Facebook, Apple and other tech companies now allow users to nominate a legacy contact or create an inactive account manager designation to manage or delete content posthumously. Make a list of online accounts with their respective instructions. While login credentials shouldn’t be included in your will due to changing passwords and potential security risks, placing them in a reputable password manager and giving access to a designated confidant with instructions is a wise move. Outline what should happen to your content: Should your blog remain as a memorial? Should crypto be liquidated and distributed to a charity? Insurance Considerations for Globally Mobile Individuals Travel and life insurance deserves particular attention. Not all life insurance policies cover frequent travel, nor do they necessarily apply in every country. Look for insurers offering coverage for expatriates and those whose lifestyles are predominantly international. Verify whether your policy covers repatriation in the event of a medical emergency or death abroad. It can be a significant logistical and financial burden on loved ones, which a well-prepared plan should anticipate. Some digital nomads turn to international insurance providers who bundle life, health, and travel into a comprehensive worldwide policy. While more expensive, the security of knowing you are covered irrespective of your current time zone is often worth the cost. Managing Real Estate and Physical Assets Remotely Many people who adopt a minimalist lifestyle for life on the road still own real estate or maintain belongings in storage. Leaving these assets unmanaged could lead to disputes

How to protect intellectual property rights in your estate Understanding how to secure your intellectual property as part of your legacy has become increasingly important in this digital and globalised era. From authors and inventors to entrepreneurs and designers, more individuals are generating valuable intellectual assets that may have enduring financial and cultural value long after they are gone. Yet, many fail to consider how these assets fit within their estate plans. Ensuring these rights are protected and correctly transferred requires foresight, strategy, and often legal support. Intellectual property (IP) includes creations of the mind: inventions, literary and artistic works, designs, symbols, names, and images used in commerce. In the eyes of the law, these creations are assets—just like real estate or stocks—and therefore can, and should, be included in estate planning. This article explores why intellectual property should be addressed in your estate, the steps involved in protecting it, and how to navigate the common pitfalls that might compromise the value and transfer of these unique assets. Understanding Intellectual Property as an Estate Asset At its essence, IP is an umbrella term for a diverse set of non-physical property types. The primary categories include copyrights, trademarks, patents, and trade secrets: – Copyrights protect original works of authorship such as books, music, films, software, and architecture.– Trademarks cover distinctive signs, logos, sounds or even colours that distinguish products or services.– Patents grant inventors the exclusive right to make, use, or sell their invention for a certain period.– Trade secrets consist of confidential information that gives a business a competitive edge. Each form of IP has differing durations, enforcement mechanisms, and value prospects. For example, copyright typically lasts for the life of the author plus 70 years, offering potential income for multiple generations. Patents, in contrast, usually last for 20 years from the application date. Understanding the scope and significance of your IP assets is the first step to ensuring they are handled correctly after your passing. Valuing these assets is not always straightforward, especially for assets like unpublished manuscripts or early-stage patents, but identifying them is a vital starting point. Taking Inventory of Intellectual Property Assets An estate plan that addresses IP begins with a comprehensive inventory. This inventory should include registered and unregistered IP, documenting where appropriate registrations can be found, dates of protection, and details of ownership—important in cases where IP rights have been assigned, jointly held or licensed out. This might include: – Copies and registration certificates of copyrights– Trademark documentation including design evidence and usage timelines– Patent numbers and ownership assignments– Agreements or licences involving the IP– Details of royalties or incomes derived from the IP It is also important to understand whether any rights are held individually or through a corporate entity, as this affects succession. If you own part of a company that holds a trademark or patent, your stake in the company may be the relevant asset rather than the IP proper. Ensuring Proper Legal Ownership and Documentation Many IP assets fall into legal grey areas when documentation is missing or ownership is disputed. Avoiding these pitfalls means being proactive while still alive. Gifted rights, multiple collaborators, and outsourced creative or technical contributors can all pose challenges. For example, while you may have commissioned a freelance designer to create your business logo, if no written contract transfers the rights to you, then you might not legally own it. Verifying ownership means reviewing all relevant agreements to ensure correct IP transfers were made. This includes contracts with co-authors, freelance workers, co-inventors, or joint business partners. The estate executor might otherwise be left dealing with complex or unenforceable claims that reduce the overall value and increase the cost of managing the estate. Documenting ownership, usage rights, and licence agreements creates a more straightforward process for successors or agents charged with administering the estate. It also helps avoid litigation by clarifying usage rights for heirs. Incorporating Intellectual Property into Your Will or Trust Once identified and documented, IP assets should be explicitly included in your estate plan, typically via a will or, where appropriate, a trust. Including these assets avoids the risk that they fall into intestacy (i.e. unplanned distribution), which can delay or undermine beneficial use by heirs. Your will should: – Designate the specific IP assets.– Name a beneficiary or beneficiaries for each IP asset.– Appoint a knowledgeable executor or trustee capable of managing IP. However, simply bequeathing IP in a will is not always sufficient. For example, IP like copyrights or trademarks still require ongoing management, potentially for decade’s worth of royalties, renewals, enforcement or licensing. A trust may be better suited in particular cases, especially where the IP generates income for multiple heirs or where the creator wants better control over how and when the IP is used or monetised after death. Trusts also offer more privacy and are less susceptible to public probate litigation. Think carefully about who is best placed to manage these assets. Artistic heirs may be suitable to continue copyrighted work or review publication plans, while business-savvy beneficiaries may be better for commercial IP such as patents or trademarks. Selecting someone without the necessary knowledge or interest may impair the long-term value of these assets. Valuation and Tax Implications Assigning appropriate value to IP is a key part of estate planning and can impact inheritance tax calculations. In the UK, for instance, inheritance tax is levied at 40% on estates above a certain threshold. IP assets can significantly increase the total estate value and therefore must be considered for tax liabilities. Valuation can be complex and is usually done by a professional with expertise in the particular type of IP. This may include analysis of: – Previous income or royalties generated.– Projected future income streams.– Market comparables.– Legal position (e.g. enforceability of the rights). It’s also possible to take advantage of tax planning strategies, such as gifting IP rights before death (though this has implications if you continue to earn from it), using business property reliefs, or

Estate planning for couples without children When many people think about organising their estate, their minds often jump to making provisions for children. But not all couples have children, and estate planning is just as essential—if not more so—for them. Whether by choice or circumstance, couples without children face distinct considerations when it comes to determining how their assets will be handled, who will inherit their property, and how their legacy will be preserved. At its heart, estate planning is about making decisions now to protect loved ones and ensure your wishes are carried out after your death. For childless couples, the absence of direct descendants sometimes means fewer obvious choices. But that does not make the planning process any less significant. In fact, it often opens up greater opportunities to tailor a legacy that reflects personal values, lifestyle, and relationships. Clarifying Objectives and Priorities One of the earliest steps in the process involves discussing and defining what you both want to achieve. Without the default position of “leaving it all to the children,” couples may find they have more freedom but also more decisions to make. It becomes essential to have a shared understanding of each partner’s vision for how their estate should be managed. Do you want to support extended family members, such as nieces, nephews, or siblings? Are there charities or causes you are passionate about? Would you like to support friends who have had a significant role in your life? These are the types of questions that should guide your planning. Clearly identifying your goals will help in structuring your plan and avoiding disputes or unintended outcomes later on. Take the time to document your shared goals and any differences in intention. Communication between partners is vital, especially if either party has a different idea of who should benefit from the estate. Without having children as default beneficiaries, the process of determining heirs becomes more intentional. Creating a Will and Considering Alternatives A will is often the cornerstone of any sound estate plan. For couples without children, a will becomes even more critical, as intestacy laws (which govern estate distribution in the absence of a valid will) are based primarily on blood relatives and may not distribute assets according to your wishes. In the UK, if you die without a will, your estate is distributed according to the rules of intestacy. This could mean your estate passes to parents, siblings, or more distant relatives—some of whom you might not have intended to benefit. In cases where no living family members are found, your estate could even revert to the Crown. Writing a will ensures that your estate will go where you want it to go. Partners should decide how to divide their assets during their lifetime or upon the first death. They might consider leaving everything to the surviving partner initially and letting that person distribute the assets according to a mutually agreed-upon plan later. Alternatively, each person might want to set aside bequests for specific individuals or organisations from the outset. For couples with complex assets or a desire to fine-tune distributions, alternatives or additions to a standard will might be appropriate. Testamentary trusts, for example, can help control how and when assets are distributed, offering privacy, tax benefits, and increased control—essential when close descendants are not involved. Addressing Jointly Held Assets Many couples co-own property, bank accounts, or investments. It is essential to confirm how these assets are titled and what happens to them when one partner dies. Some will pass automatically to the surviving owner due to the right of survivorship, while others may require probate or might not pass as intended without specific directives. Ensuring that legal ownership forms and the instructions in your estate plan align is key to avoiding conflicts or unintended consequences. In some cases, a couple may wish to make changes to how certain assets are held to better align with their estate planning goals. It is also worth considering pensions and life insurance policies. These typically pass outside of the will and instead require up-to-date beneficiary designations. Without children, you may opt to name your partner, relatives, friends or even a charity, but it’s important to review these choices periodically to make sure they remain appropriate. Selecting Executors and Trustees Choosing an executor—the person or persons who will administer your estate—is an integral part of estate planning. Without children to serve in this role, couples may need to look to siblings, trusted friends, professional advisors or solicitor firms. This requires careful thought, as the executor’s responsibilities can be demanding. You may wish to appoint a professional such as a solicitor or trust company to ensure efficiency, especially if your estate is complex or you anticipate potential conflicts. Having a backup or substitute executor is also a prudent move. If you and your partner die simultaneously or within a short time of one another, having alternate plans in place for estate administration can prevent delays and legal difficulties. Trustees, similarly, play a vital role when trusts are involved. Choosing someone who is financially astute, impartial, and organised makes all the difference in carrying out the provisions of the trust appropriately. Creating Powers of Attorney Estate planning is not solely about what happens after you die—it also involves planning for the possibility of becoming incapacitated. Couples without children may not have immediate family to call upon to help manage finances or medical decisions. Creating Lasting Powers of Attorney (LPAs) in both the Property and Financial Affairs category and the Health and Welfare category ensures that if either partner becomes unable to make decisions, a person of your choosing can act on your behalf. You can name each other as attorneys and also appoint backup attorneys to step in if needed. Providing clear instructions and having conversations with your chosen attorneys will help them fulfil your wishes confidently, and spare your loved ones from undue stress during difficult times. Planning for Long-Term Care Couples without children may be more

Leaving cryptocurrency and NFTs in your will: UK legal considerations In an increasingly digital world, assets are no longer confined to physical properties, savings accounts, or traditional investments. A growing number of individuals are accumulating wealth in the form of cryptocurrencies and non-fungible tokens (NFTs). These digital assets present unique challenges when it comes to estate planning and inheritance, particularly in jurisdictions like the United Kingdom, where regulatory frameworks are still evolving to keep pace with technological innovation. It is essential for individuals who hold digital assets to consider how these should be handled after their death and to incorporate them effectively into their estate plans. At their core, cryptocurrencies such as Bitcoin and Ethereum are decentralised digital currencies that are secured using cryptography and stored in digital wallets. NFTs, on the other hand, are blockchain-based digital tokens used to certify ownership of unique assets like digital art, virtual real estate, and collectibles. Due to their decentralised and often anonymous nature, these assets raise several key legal and practical concerns relating to inheritance, taxation, and access control. Access and Control: The Practical Challenges Perhaps one of the most significant challenges in passing on digital assets is access. Cryptocurrencies and NFTs are stored in digital wallets, which are secured by private keys or recovery seed phrases. Unlike traditional bank accounts or physical assets, these assets cannot be accessed without the appropriate digital credentials. If a private key is lost or forgotten, access to the associated digital asset is effectively lost forever. This makes it imperative that individuals holding digital assets ensure that these critical access details are preserved and passed on securely, yet discreetly. However, leaving private keys written down in a will poses risks: wills become part of the public record after probate, making them unsuitable for sharing sensitive information. Experts often recommend using encrypted digital storage or secure password managers and referencing these in the will, perhaps in combination with a trusted executor or solicitor who understands digital estates. Legal Recognition of Digital Assets in the UK Presently, UK law recognises cryptocurrency as a form of property, following court decisions and guidance from the UK Jurisdiction Taskforce. The Legal Statement on Cryptoassets and Smart Contracts published by the Taskforce clarifies that cryptoassets can be considered property under English law, which means they can be included in an estate for inheritance purposes. However, there remains some ambiguity surrounding NFTs. Given their novel nature and the range of assets they might represent—from digital illustrations to virtual land—recognition can depend on their specific use case and underlying smart contracts. Where NFTs are clearly established as property interests, they too may be included in a will. Nonetheless, due to their complexity and the possibility of evolving legal interpretations, it is advisable to obtain legal advice when dealing with these assets in estate planning scenarios. Appointing an Executor Capable of Managing Digital Assets The role of the executor in the context of digital assets is considerably different from dealing with traditional assets. Executors must not only understand the nature of the cryptocurrency or NFT but also know how to access, value, and transfer the asset securely and legally. There is a risk that executors who are not well-versed in digital currency could mishandle these assets, resulting in lost value or breach of regulations. When drafting your will, consider appointing an executor who is technology literate or engaging a professional with specific expertise in managing digital estates. This is particularly crucial where large amounts of value are locked in cryptocurrencies or NFTs, as the executor will need to navigate a landscape that includes online exchanges, blockchain protocols, and regulatory compliance. Valuing Digital Assets for Inheritance Tax Purposes For estate planning purposes, all assets, including digital ones, must be valued accurately to assess inheritance tax (IHT) liability. In the UK, IHT is typically charged at 40% on the value of the estate above the nil-rate band, with certain exceptions and reliefs available. However, valuing cryptocurrencies and NFTs can be more complex than valuing traditional assets due to their volatile nature. Cryptocurrencies can swing in value dramatically in short periods of time. Therefore, HM Revenue & Customs (HMRC) states that the value of these assets should be taken at the date of death. Executors may need to obtain an independent valuation or use reliable exchange rates from verifiable sources to determine the asset value accurately. NFTs pose an even greater challenge as their market value is often highly subjective. The value of an NFT could depend on its rarity, current popularity, the creator’s reputation, and the size of the market for similar tokens. It is likely that professional appraisals will be necessary to demonstrate good faith valuations when reporting to HMRC. Transferring Digital Assets to Beneficiaries Once the executor has identified and valued the digital assets, the next step involves transferring them to the beneficiaries as stipulated in the will. With cryptocurrencies, this involves transferring ownership of the digital wallet or the currency within it. This may be relatively straightforward if the necessary access credentials are available and if the executor is familiar with the process. However, in the absence of proper documentation, transferring these assets can be time-consuming, technically complex, and potentially impossible. When transferring NFTs, the process generally requires a transaction on a blockchain to transfer the token to the new owner’s digital wallet. This can incur transaction fees and may require the recipient to have access to a compatible cryptocurrency wallet. Executors must also take special care to ensure that digital ownership is securely transferred and that there is a clear record of the transaction for tax and legal purposes. Storing Information Securely and Privately Given the critical importance of digital access codes, it is essential to store them securely and avoid compromising privacy. The fundamental issue is how to provide enough information to ensure your heirs can access your crypto and NFTs, without exposing this information to the risk of theft or fraud during your lifetime. Possible approaches include using encrypted USB

Including loans made to family members in your will When creating an estate plan, many individuals consider how their assets will be distributed among loved ones — property, savings, investments, and personal belongings are all typically accounted for. However, one commonly overlooked but highly significant detail is whether you have loaned money to a relative. Including loans made to family members in your estate planning might seem trivial at first glance, especially if these arrangements were informal. Nevertheless, failing to properly address them can lead to confusion, disputes, and unintentional inequality among heirs. Considering the personal and financial implications of loans within a family dynamic, proper documentation and clarity in your will are paramount. Transparent planning ensures your wishes are followed and helps preserve family harmony after your passing. The Nature of Family Loans and Their Complexities Loans made to family members often fall into a grey area between formal financial arrangements and personal gifts. They are often characterised by verbal agreements, a lack of interest or repayment schedule, and an understanding grounded more in familial trust than contractual obligation. This informality, while rooted in goodwill, can become problematic when it comes time to administer an estate. For example, suppose a parent lends a significant amount of money to one child to help with a house deposit or business venture, with the expectation that it will be repaid over time. If that loan remains unpaid at the time of the parent’s death, the question then arises: should that amount be deducted from the child’s inheritance? Was it truly a loan, or was it a gift? Was it meant to be forgiven or repaid? The ambiguities here can lead to contentious debates among siblings, potential legal challenges, or feelings of resentment and inequality. Having a clear written record that explicitly outlines the terms of any intra-family loans is not only helpful — it is essential to ensuring your broader estate plan maintains fairness and clarity. Documenting the Loan: Creating Clarity and Legal Certainty The first step toward including a family loan in your estate plan is to distinguish the exchange as a legitimate loan rather than a gift. Documentation is key. A well-recorded loan agreement, even between family members, should ideally include the amount loaned, the date, the expected repayment schedule, whether interest is charged, and any collateral, if applicable. It’s also crucial that the borrower acknowledges this as a loan and agrees to repay it under the specified terms. Where possible, this should be signed and witnessed, and perhaps even drawn up with the assistance of a solicitor. These formalities help eradicate doubts and provide executors of the will with clear evidence of your intentions. Whether the loan is being actively repaid or has been left in abeyance due to a change in the family member’s circumstances, regular updates to your estate plan — and potential modifications to the loan agreement — should be made to reflect any such changes. For example, if the borrower ceases repayments temporarily due to unemployment or another hardship, noting this in your records and the reasons for the suspension can help prevent future misinterpretations. Repayment, Forgiveness, and Adjustment of Inheritance There are generally three paths that can be taken when dealing with loans to family members in an estate plan: request for continued repayment posthumously, full or partial forgiveness of the loan upon death, or adjusting the debtor’s share of inheritance by the value of the loan. Each option comes with its own implications, both financial and emotional. Continuing repayment of the loan through the estate may be appropriate if the loan forms a substantial financial asset. In this case, your will should empower your executors to enforce the loan. However, this can sometimes appear harsh or create emotional strain between heirs, particularly if the borrower is in a financially vulnerable situation. Forgiving the loan upon death can be seen as a final gift, but this too needs to be explicitly documented in your will. Otherwise, the executor may be forced to decide how the debt should be handled — a responsibility that increases both the emotional burden and the risk of familial discord. More common is the adjustment of the beneficiary’s inheritance by the outstanding loan amount. For instance, if one child was loaned £50,000 and the estate is to be divided equally among three children, the other two might receive their full one-third share, while the child who received the loan would receive their third minus the £50,000. Clear articulation of this intention in your will is essential to avoid claims of unfair treatment. Gift or Loan? Drawing the Distinction Clearly In some families, significant sums of money have been transferred under the assumption of future repayment, but without clear documentation, those transactions can easily be construed as gifts. HMRC’s interpretation can also affect how these transactions are viewed, particularly with inheritance tax in mind. Under UK law, gifts made during one’s lifetime may be subject to Inheritance Tax (IHT) if the donor dies within seven years of making the gift. Conversely, a loan is generally considered an asset and could therefore become part of the estate subject to tax unless it is documented as forgiven. This further underscores the necessity of maintaining accurate loan records, both for the family’s understanding and for tax compliance. If you intended the funds to be a loan, say so — in writing. Include clauses in your will that categorically state any financial transfers to family members that should not be considered gifts, along with instructions on how these are to be treated in the distribution of your estate. Balancing Fairness and Family Sentiment Balancing financial fairness with love and care requires a nuanced approach when estate planning involves loans to family members. A rigid, contractual attitude toward money might run contrary to family ideals of generosity and support. However, fairness among heirs is often a primary concern of those preparing a will. These conversations, while delicate, are easier to have proactively than to leave