How to prevent undue influence when drafting your will Understanding the risks and implications associated with undue influence is essential when creating a will. This concern can not only invalidate a person’s final wishes but also engender family disputes, lengthy legal challenges, and substantial financial consequences. Ensuring that a will accurately reflects one’s intentions, free from coercion or manipulation, safeguards the ethical and legal validity of the document. In this article, we shall explore what constitutes undue influence, the warning signs to watch for, and most importantly, practical steps you can take to prevent it when drafting your last will and testament. What is Undue Influence? Undue influence occurs when an individual exerts pressure, often manipulative or subtle, to override the free will of the person creating the will—the testator. The result is that the testator signs a will that reflects the influencing party’s desires rather than their own. This issue is particularly prevalent among vulnerable individuals, especially those who are elderly, isolated, or dependent on others for care or companionship. Legally, undue influence does not require threats or physical coercion; it can be exerted through emotional pressure, guilt, isolation, or even exploiting a position of trust. English law is precise in its interpretation: any gift or provision in a will that arises from undue influence may be invalidated if challenged successfully in court. Understanding the Importance of Testamentary Capacity Before delving into preventive measures, it is crucial to comprehend the concept of testamentary capacity. This refers to the legal and mental ability of the testator to make a valid will. Demonstrating testamentary capacity is a key part of protecting a will against accusations of undue influence. A person is considered to have testamentary capacity if they understand the nature of making a will and its effects, know the extent of their estate, comprehend the claims that could potentially be brought against them, and are not delusional or suffering from any mental illness that influences their decisions. These criteria—established in the landmark legal case Banks v Goodfellow—continue to guide solicitors and courts in assessing whether a will is valid. Identifying Potential Risk Factors Certain conditions and circumstances heighten the risk of undue influence. Recognising these early can guide the steps you take in the drafting process. Some of the major risk factors include: – Advanced age or declining physical and cognitive health– Dependence on a caregiver, especially if the caregiver is a beneficiary– Estrangement from some family members– An abrupt change in testamentary intentions– The involvement of a particular individual in arranging the will Being aware of these risk factors allows one to put protective mechanisms in place proactively. Engaging an Independent Solicitor One of the most effective ways to shield a will from allegations of undue influence is to engage an independent, qualified solicitor to draft it. A solicitor who has no prior relationship with the beneficiaries or the testator’s family is best positioned to act impartially and to identify any signs of coercion. Solicitors are trained to detect inconsistencies in instructions or hesitation that might imply outside pressure. They conduct private conversations with their clients to ensure that decisions are autonomous, rational, and informed. Importantly, the presence of a solicitor also adds a layer of legal protection, as they can maintain comprehensive documentation and if necessary, testify to the testator’s intentions and mental state. Documenting the Will-Making Process Comprehensive and contemporaneous documentation is a vital defence against future claims of undue influence. This includes recording when and how the testator first gave instructions, who was present during meetings, and why specific decisions were made. A detailed attendance note from the solicitor can serve as compelling evidence should the will be challenged. In more complex or high-risk scenarios, some testators opt to have their will-making process video recorded. While not a legal necessity, a video can help demonstrate clear intent and rational decision-making, especially if questions arise after the testator’s death. Obtaining a Medical Assessment In cases where the testator is elderly or has a known medical condition that affects mental capacity, securing a medical assessment can significantly strengthen the will’s validity. A letter from a GP or consultant confirming that the testator had full mental capacity at the time of writing the will can carry considerable weight in court. Such medical certificates are particularly advisable if the will significantly changes a prior version, reduces expected inheritances, or favours someone who was not previously a beneficiary. In such instances, the combination of a legal and medical record showing sound judgement makes allegations of undue influence more difficult to prove. Avoiding the Participation of Beneficiaries in the Drafting Process Another crucial step is ensuring that beneficiaries, or potential beneficiaries, remain entirely uninvolved in the will-making process. This includes avoiding their presence at solicitor meetings, refraining from using their assistance in translating or explaining instructions, and keeping them from arranging or paying for legal counsel on the testator’s behalf. Even seemingly benign actions—like driving an elderly relative to the solicitor’s office or helping them gather documents—can be misconstrued as manipulative if the person later benefits significantly from the will. Solicitors are typically vigilant in these scenarios and will explicitly ask to speak with the testator in private to rule out any such influence. Considering a Letter of Wishes Without Legal Weight Including a letter of wishes alongside a will can be a helpful tool in explaining certain decisions, particularly if some beneficiaries receive less than they might have expected. While not legally binding, a well-articulated letter of wishes can provide context to unusual or controversial provisions, reducing the likelihood of disputes or suspicions of foul play. This letter offers the testator an opportunity to express their reasons and intentions in their own words. Assuming it is written voluntarily and with clarity, it may play a persuasive role in any later legal proceedings. Importantly, this letter should be stored alongside the will to ensure it is read in context. Reviewing the Will Regularly Circumstances in life change, and as such, your

Writing a will after receiving a large compensation payout Receiving a large compensation payout, whether due to a personal injury claim, a workplace accident settlement, or medical negligence, can be a life-changing event. It often comes after an emotionally and physically taxing experience, and while the compensation provides financial security, it also introduces new responsibilities. One critical yet often overlooked step after receiving such a settlement is to create or update your will. Many people associate wills primarily with end-of-life legalities, but in reality, a well-drafted will is an essential part of broader financial planning. For those who have received a substantial sum of money, not having a will in place can lead to confusion, family disputes, and potentially significant financial loss for your loved ones. Therefore, taking timely and informed steps towards estate planning is more than just a precaution; it is a proactive means of ensuring your financial legacy is protected and allocated according to your wishes. Evaluating Your New Financial Reality A large compensation payout significantly alters your financial status. One of the first steps after receiving such funds is to assess your new asset base. This includes not only the compensation amount but also any property, investments, savings, and other valuables you may possess. This reassessment should be holistic and may involve consultations with financial advisors, accountants, and solicitors. Understanding the total value of your estate is crucial as it provides the framework for your will. It enables you to make informed decisions about inheritances, charitable donations, and trusts. More importantly, it ensures that you meet any legal obligations, such as tax liabilities, particularly those related to inheritance tax in the UK. Considering the Components of a Valid Will Before drafting or updating your will, it’s essential to understand what constitutes a valid will under UK law. The key components include: – Mental Capacity: You must have the mental capacity to understand the implications of creating a will.– Voluntariness: The will must be made voluntarily and without coercion.– Clarity and Specificity: It must clearly outline the distribution of your estate.– Witnesses: The will must be signed in the presence of two witnesses, who then sign it in your presence. For individuals who have received a substantial payout, ambiguity in your will can have far-reaching consequences. It is advisable to engage a solicitor experienced in wills and probate to ensure that your document meets all legal requirements and effectively reflects your wishes. Deciding on Beneficiaries and Executors Selecting beneficiaries—the individuals or organisations who will receive portions of your estate—is a deeply personal decision. When receiving a significant sum as compensation, perhaps related to an injury or illness, you might also want to consider providing financial support to those who supported you during recovery. In parallel, you also need to appoint at least one executor. This is the person responsible for ensuring that the terms of your will are carried out efficiently and legally after your passing. An executor can be a family member, friend, or a professional such as a solicitor. Given the complexity that large estates can entail—especially those involving trusts, ongoing care arrangements, or sizeable investments—it is wise to consider appointing a professional executor. Understanding Potential Tax Implications One often overlooked consequence of coming into a large sum of money is the impact it may have on inheritance tax (IHT) obligations. In the UK, if your estate is worth more than the IHT threshold—currently £325,000 (as of 2024)—the amount over that threshold may be taxed at 40%. That said, there are many ways to manage or reduce these tax liabilities through strategic estate planning. Options include setting up trusts or making lifetime gifts. Some compensation payments—for example, those from personal injury claims—may be eligible for IHT exemptions if placed in a special compensation protection trust. It’s crucial to consult with a solicitor or tax advisor familiar with estate taxation to explore these options in detail. Protecting Vulnerable Beneficiaries If your compensation was awarded due to a life-altering injury, there may be ongoing care requirements for yourself or others involved in the claim. Whether you are providing for a dependent with a disability or making arrangements for your own long-term needs, a standard will might not suffice. In such scenarios, setting up a trust within your will can protect vulnerable beneficiaries. A trust allows trustees—people you appoint—to manage the portions of the estate allocated to these individuals. One commonly used instrument is a discretionary trust, offering flexibility in terms of how and when beneficiaries receive funds. Moreover, if you are the vulnerable party, you may benefit from establishing a personal injury trust (PIT). This specialised vehicle ensures that your compensation payout does not affect your eligibility for means-tested benefits while ensuring the money is used for your intended purposes. Drafting a Will-Specific to Compensation Awards Not all compensation awards are straightforward. Some include future loss of earnings, ongoing medical expenses, and provisions for dependants. Therefore, a generic will might not be sufficient for accurately delineating how the funds should be used and distributed. A tailor-made will crafted with the help of a legal professional can ensure that all the nuances of your compensation arrangement are taken into account. For instance, if ongoing financial obligations—such as private healthcare or adapted housing—are funded by your settlement, your will should explicitly allocate funds to maintain these services. In cases where compensation is awarded to a child or someone lacking mental capacity, the Court of Protection may be involved in managing the funds. Your will should then include provisions to resume or adjust this care after your passing, ensuring continuity and safeguarding the well-being of your loved ones. Updating Your Will to Reflect Life Changes A will is not a static document and should be revisited regularly, especially after significant life events. Marriage, divorce, the birth of a child, acquisition of property, or receiving a large compensation payout are all events that necessitate a review of your existing estate plan. If you already have a will in place, your

Writing a will when you’re in the process of divorce Going through a divorce is a time fraught with emotional complexities, legal intricacies, and a multitude of decisions that can influence your future substantially. Amid the division of assets, child custody arrangements, and redefining of personal spaces, one critical aspect that is often overlooked is updating or writing your will. The dissolution of a marriage represents a major life change, and as such, your estate planning documents should reflect this new chapter to ensure your wishes are respected and your estate is managed according to your intentions. Neglecting to revisit your will during a divorce can lead to unintended consequences, from an ex-spouse inheriting portions of your estate to legal disputes among beneficiaries. By proactively addressing this matter, you empower yourself to secure your legacy and protect your loved ones under the evolving set of circumstances. Why Review Estate Planning During Divorce? When you first married, your will and other estate planning documents likely reflected a shared future. Perhaps your spouse was named as your primary beneficiary or executor, or you made joint decisions on guardianship for your children. These designations may no longer be appropriate during or after a divorce, but until you formally change them, they remain legally valid. The process of divorce can take months, sometimes even years, to conclude. During this interim, you are still legally married in the eyes of the law, which means your soon-to-be ex-spouse may still be entitled to inherit under your existing will, pension, or life insurance policies. This is why it is essential to act early. Even before the divorce is finalised, you can create or modify your estate plan within the bounds of legal constraints. Legal Restrictions Before the Divorce is Final While updating a will during divorce proceedings is possible, it is crucial to understand that certain legal limitations might apply. For example, in many jurisdictions, there may be restrictions on disposing of marital assets or changing beneficiary designations on jointly owned assets while the divorce is ongoing. This is to prevent either party from unfairly altering financial entitlements during the proceedings. However, creating a new will is often permitted and encouraged. While you may not be able to completely exclude your spouse until the divorce is complete—due to spousal rights recognised by law—you can still take steps to express your preferences and safeguard assets as much as possible. Once the divorce is officially finalised, these restrictions are lifted, giving you complete freedom to revise your estate plans as you see fit. Key Considerations When Drafting a Will During Divorce When recrafting your will while going through a divorce, you need to think strategically and comprehensively to ensure your estate is handled in accordance with your true intentions. Below are several areas that require careful consideration. 1. Naming an Executor The executor of your will is responsible for carrying out the instructions you have outlined. If your current will names your spouse as executor, it may be time to appoint someone else. This could be a trusted family member, a friend, or a legal professional. Select someone impartial, reliable, and capable of managing financial and legal tasks. 2. Revising Beneficiaries Review all your beneficiary designations across your will, life insurance policies, retirement accounts, and other financial instruments. It is important to note that assets like pensions and life insurance that pass outside the will must also be updated separately. This ensures consistency and prevents the unintended consequence of your ex-spouse receiving portions of your estate. In many cases, you may still wish to provide for your children or other dependants. Make arrangements for their inheritance thoughtfully, especially if they are minors, in which case the appointment of a trustee may be necessary to manage assets on their behalf. 3. Guardianship Provisions for Minor Children If you have children with your spouse, addressing the matter of guardianship is paramount. While the other parent typically remains the guardian unless legally unfit, you can nominate a preferred guardian in the event that your former spouse is unable or unwilling to assume responsibility. Including such terms in your will provides clarity and helps prevent future disputes. Additionally, you can appoint a financial guardian or trustee to oversee any inheritance left to your children. This individual does not have to be the same as the custodial guardian and can help provide an added layer of financial oversight and protection. 4. Trusts and Financial Management Incorporating trusts into your estate plan can be a clever way to provide for your children or other beneficiaries in a controlled manner. A trust enables you to specify how and when assets should be distributed, which is especially useful if your children are young or if you are concerned about their financial acumen. A discretionary trust, for example, gives the trustee the power to make decisions about how the funds are used. This oversight can ensure that assets are not squandered or mismanaged. You can set conditions, such as age milestones or educational achievements, before funds are released. 5. Dealing with Jointly Owned Assets Many married couples own property jointly, and during the divorce, questions about who retains ownership must be resolved. If you and your spouse hold property as joint tenants, the right of survivorship means that the surviving party automatically inherits the entire property regardless of what’s stated in a will. This is a critical area to address. Converting jointly held property into tenants in common allows each party to leave their share to someone of their choosing. Include these terms in any property settlement agreements and reflect them accurately in updated estate documents to ensure your intentions are upheld. How Divorce Affects a Will After It’s Finalised In some legal jurisdictions, divorce automatically revokes any provisions in a will that benefit the former spouse. However, this is not universal. In the UK, for example, your former spouse is treated as if they predeceased you in terms of inheritance rights, once the divorce is complete.

Writing a will when you own property in Scotland and England Understanding the importance of estate planning is fundamental when you own property, particularly when it lies across different legal jurisdictions. For individuals with real estate assets in both Scotland and England, the task of drafting a will becomes more nuanced and requires careful consideration of the distinct legal systems that govern each area. The laws of succession, property ownership, and probate processes vary significantly between these two nations within the United Kingdom, making it imperative to approach the process with clarity and professional advice. Whether your property portfolio comprises a holiday cottage in the Scottish Highlands and a townhouse in London, or more complex commercial premises across both countries, crafting a well-structured will ensures that your intentions are honoured and your loved ones are protected from legal ambiguity. This comprehensive guide explores the unique legal factors at play, best practices to consider, and the steps needed to ensure your will effectively reflects your wishes and complies with both Scottish and English law. Understanding Legal Differences Across Jurisdictions Although Scotland and England are both part of the UK, they have always maintained distinct legal systems. These differences are particularly relevant in matters of property law and succession. Ownership forms, inheritance rules, and procedural processes such as probate operate under different statutes and legal traditions in Scotland and England. In England, the legal system includes laws like the Administration of Estates Act 1925 and the Wills Act 1837, under which testators can leave their property freely to whomever they choose, within some limits. In contrast, Scottish law includes the concept of ‘legal rights’, an area of forced heirship which guarantees certain close relatives a portion of an estate, regardless of the content of a will. This can pose unexpected challenges for those looking to direct assets as they see fit. Another significant distinction lies in the way property is passed on after death. In Scotland, heritable property (i.e., real estate) is dealt with separately from moveable property (such as money, shares, or personal belongings). In England, however, all assets generally pass through a single process known as probate. Navigating these procedural differences calls for thoughtful and informed will-drafting, particularly when you aim to avoid unnecessary delays or disputes in administering your estate. Executing a Legally Valid Will in Each Jurisdiction If you own real estate in both Scotland and England, one of the first decisions you will need to make is whether to create a single, overarching will or to establish two separate wills, one governing your English assets and the other addressing your Scottish interests. It is perfectly legal to have more than one will, as long as they’re carefully worded to avoid conflicting instructions. Typically, advisors recommend this route for individuals with substantial assets in both jurisdictions, as it provides the flexibility to ensure each will complies fully with the local legal requirements. However, these wills must be ‘mutually exclusive’ to avoid overlapping or nullifying each other. Phrasing should explicitly state that each will is limited in scope to the assets held within its respective country. A will under English law must be in writing, signed by the testator with the clear intention of it being a will, and signed in the presence of two independent witnesses. These witnesses must also attest to the execution of the will. In Scotland, testamentary formalities are somewhat different. A valid Scottish will must be in writing and signed by the testator at the bottom of every page. A witness is required for public registration, though not for the will to be considered legally binding. The use of separate wills not only ensures compliance with formalities and inheritance norms but also simplifies the local administrative processes upon death. For example, a Scottish will can facilitate the confirmation process – the Scottish equivalent of probate – for property located in Scotland, while the English will can simplify grant of probate for assets south of the border. Navigating Legal Rights in Scottish Law One of the most critical aspects of Scottish estate law that often surprises people is the doctrine of legal rights. These are entitlements granted automatically to a deceased person’s surviving spouse or civil partner, as well as their children, and apply only to moveable property. Legal rights cannot be defeated or overridden by a will. This means that even if you specify in your Scottish will that your entire estate should go to, say, a friend or a charity, certain family members can still claim a portion of your moveable estate. The share is predetermined by law and is calculated based on whether the deceased is survived by a spouse, children, or both. Understanding the precise scope of legal rights is vital when making testamentary decisions involving Scottish property. While these rights do not directly affect heritable property, they can still significantly impact the overall value of the estate and potentially reduce what is available for other beneficiaries. Consulting a solicitor well-versed in Scottish succession law is strongly recommended when crafting a will that may be subject to these constraints. Inheritance Tax Considerations Another integral factor when crafting a will that spans national borders is inheritance tax, commonly abbreviated as IHT. As with many tax-related matters, the devil is in the detail. The UK has a unified inheritance tax system, meaning that HM Revenue and Customs governs all tax aspects, regardless of where in the UK the property is located. Generally speaking, your estate will be liable for IHT if it exceeds the threshold known as the nil-rate band, which is currently £325,000. For married couples or those in a civil partnership, unused portions of this allowance can be transferred, potentially raising the tax-free threshold to £650,000. An additional residence nil-rate band may apply in certain circumstances. If you have property in both Scotland and England, you will need to take special care in structuring your estate to limit tax exposure. Ownership arrangements – for instance, whether you hold property jointly

A Step by Step Guide to Writing Your First Will Creating a will is one of the most vital tasks you can undertake to ensure that your wishes are honoured after your death. Despite its significance, many individuals postpone or avoid the process altogether, often due to perceived complexity or discomfort surrounding the topic of mortality. However, writing a will is not solely about the distribution of assets; it also offers clarity, reduces the burden on loved ones during a challenging time, and can prevent potential conflicts. A will is a legal document that communicates your intentions regarding the management and distribution of your estate after you pass away. This includes everything from your physical property, such as your home and possessions, to financial assets like savings, investments, and pensions. It can also be used to appoint guardians for dependent children and make provisions for pets, charities, or specific bequests. Without a valid will, your estate will be distributed according to the rules of intestacy, which may not align with your preferences. Assessing Your Estate Before sitting down to draft your will, it is essential to take a comprehensive inventory of your estate. Begin by listing all your assets. This includes tangible items like property, vehicles, personal effects and valuables, and intangible assets such as bank accounts, pensions, stocks, investments, and business ownership. Also consider what debts you owe, as these will need to be settled before any distribution of your estate. Liabilities may include mortgages, credit card balances, personal loans, and unpaid bills. Calculating the value of your estate by subtracting liabilities from assets gives you a clear picture of what you’re leaving behind. It also helps you to make informed decisions regarding how to allocate your estate fairly and responsibly amongst beneficiaries. Identifying Beneficiaries Beneficiaries are the individuals or organisations who will receive your estate according to your will. This can include your spouse or partner, children, extended family, friends, charities, or other institutions. Clearly listing who you wish to benefit – and what you wish each to receive – is a critical step. Consider how your estate will be divided and whether there are specific items or assets you want certain people to inherit. You may have family heirlooms, jewellery, or sentimental possessions that you want to pass on to specific loved ones. Equally important is addressing any sensitive family dynamics or potential disputes. Being transparent and fair in your distribution – as well as communicating with your intended beneficiaries during your lifetime – can help alleviate future misunderstandings or arguments. Appointing Executors An executor is the person or institution responsible for administering your estate, ensuring your instructions are carried out, and handling any legal or financial obligations. This includes gathering your assets, paying debts, distributing inheritances, and applying for probate if necessary. Choosing the right executor is crucial. They should be someone you trust, who is organised, and prepared to take on significant administrative duties. Many people appoint a spouse, adult child, family friend, or professional such as a solicitor or accountant. You can name more than one executor in your will, which is often wise in case one is unable or unwilling to act. Up to four executors can act jointly, though two is generally the manageable standard. Always ask your chosen executors for their consent before naming them in your will. Appointing Guardians for Children If you have children under 18, appointing a legal guardian is one of the most significant aspects of your will. This ensures that, in the event of your death and the death of the other parent, your children are looked after by someone you trust and who shares your values and parental vision. Without a guardian named in your will, the court may be left to decide who takes care of your children, which could result in outcomes you would not have wished. Discuss the responsibility thoroughly with the proposed guardian, ensuring they are willing and able to take on the role. Also consider naming a substitute guardian in case circumstances change. Deciding on Specific Bequests In addition to outlining who should receive the general division of your estate, you may wish to make special gifts or bequests. This includes leaving specific sums of money, items of value, or property to designated individuals or organisations. Be as detailed and clear as possible to avoid ambiguity. For example, rather than saying “my jewellery”, specify “my grandmother’s emerald brooch to my daughter, Emily”. If you decide to leave money to a charity, ensure you include the correct registered name and charity number. You can also use your will to leave instructions for things such as digital assets, like social media accounts, websites, or digital photo libraries. As our digital footprint expands, these become an increasingly important component of estate planning. Leaving Out Individuals If you choose to exclude someone who might reasonably expect to inherit – such as a child or spouse – consider stating this clearly in your will. Although this cannot necessarily prevent them from making a claim under the Inheritance (Provision for Family and Dependants) Act 1975, it does demonstrate that you consciously made the decision to exclude them. It can also be beneficial to write a letter of wishes, stored alongside your will, explaining your reasoning. This is not a legally binding document but can be used by the court to understand your intent if your will is contested. Choosing the Right Type of Will Wills can range from simple to highly complex, depending on the structuring of your estate, family situation, and intentions. Types of wills include: – Single wills: Most suitable for an individual whose circumstances and wishes are straightforward.– Mirror wills: Commonly used by couples who wish to leave their assets to each other and then to their children.– Trust wills: Involve setting up a trust to manage some or all of your assets, often used to protect the interests of young beneficiaries or individuals with disabilities.– Living wills or advance decisions: While

How to Make a Will If You’re Self-Employed Understanding how to ensure your estate is managed according to your wishes is an essential part of financial planning, especially for those who are self-employed. As a freelancer, contractor, small business owner or sole trader, the unique dynamics of your work and assets require special consideration. Creating a well-structured, legally-binding will is not just a safety net for your loved ones; it is a responsible step towards protecting your legacy and ensuring the smooth transition of your business interests after your death. Being self-employed often means you handle many aspects of your work personally. Unlike employees who might have workplace pensions or automatic death-in-service benefits, your business and personal endeavours are likely intertwined. That makes it all the more important to think ahead and take charge of your estate planning. Why making a will is essential for the self-employed Regardless of employment status, a will serves as a roadmap for what should happen with your possessions, finances and other responsibilities when you pass away. However, for the self-employed, this takes on added significance. You may own intellectual property, have clients with outstanding invoices, operate a limited company or run a sole trader establishment. Each of these components needs to be documented and managed after your death. Without a will, your estate will be subject to the intestacy rules of England and Wales, which would distribute your assets in a fixed order and may not align with your wishes. This could create unnecessary financial strain on your family, prolong legal proceedings, or even result in the closure of your business. Furthermore, if your affairs are particularly complex, not having a will may lead to misunderstandings or conflicts among those you leave behind. Identifying your assets and liabilities The first step in estate planning is to identify the complete scope of your assets and liabilities. Start by taking an inventory of both your personal and business holdings. This includes tangible and intangible assets. On the personal side, look at savings accounts, investment portfolios, property, vehicles and valuable possessions. On the business side, list any work-related equipment, intellectual property, client contracts, outstanding invoices, digital assets like websites or e-commerce platforms, and any owned or leased office premises. It is equally important to document liabilities — mortgages, business loans, outstanding taxes or contractor obligations. A clear understanding of what you own versus what you owe provides a realistic picture of your estate and helps your executor organise your affairs efficiently. Considering the structure of your business How your business is legally structured will greatly influence how your will should be drafted. For sole traders, the business is not a distinct legal entity. This means that all assets, income, and contracts are personally tied to you. If you pass away, this can create significant complications unless properly addressed in your will. For those operating as limited companies, your shares and directorial position are vital elements of your estate. Here, succession planning may involve the transfer of company shares to a partner, family member or third party. Directors should also refer to their company’s articles of association and any shareholder agreements, as these could impose specific conditions about share transfers upon death. Partnership agreements should be reviewed as well. If you co-own your business, check whether the agreement includes clauses about handling a partner’s death. Some contracts automatically dissolve the partnership, while others permit a different arrangement. Appointing executors and trustees Choosing the right executors is a critical decision. These are the individuals or professionals responsible for ensuring that your will is carried out according to your instructions. Given the complexities of self-employment, including tax and legal implications, it may be advisable to appoint a solicitor, accountant or trust company alongside a trusted family member. If your estate is large or involves ongoing income—such as from intellectual property royalties, digital content, or rental income—you might also need to appoint trustees. Trustees manage any trusts set up in your will and are legally obligated to act in the best interests of the beneficiaries. Make sure your chosen executors and trustees are willing and able to undertake the duties, and that they are kept informed about your financial affairs. Keeping key contacts such as solicitors, accountants, or business partners in the loop can help provide accurate advice and streamline the posthumous management of your estate. Dealing with business continuity One key consideration for the self-employed is how your business should continue after your death. Your will can include instructions on whether you want to wind down the business or pass it on. Such a plan requires considerable forethought. You might choose to transfer the business to a partner, spouse, or child. If that is the case, arrangements should be made to ensure the intended person is prepared to assume control. Alternatively, if there’s no suitable successor, it may make more sense to sell the business and distribute the proceeds. Either approach should be supported by detailed business succession planning and appropriate legal documentation to ensure a seamless transition. For limited companies, this might mean passing ownership through share transfers. For freelancers and sole traders, making sure that passwords, client information, contracts and intellectual property rights are clearly documented and accessible is essential to preserving value in the business. Inheritance tax planning Inheritance Tax (IHT) is an important aspect of estate planning that self-employed individuals must account for. As of the current UK tax regime, estates worth more than the allowance threshold (commonly £325,000) may be subject to IHT at 40 percent on the amount exceeding the threshold. However, certain business assets qualify for Business Relief, which can reduce or eliminate IHT on those assets if conditions are met. For example, shares in an unlisted company, business premises, or assets used in the course of trade might qualify for relief of up to 100 percent. To make the most of these opportunities, the business must be optimally structured and held for a minimum period (normally two years) before death. Engaging

How to Write a Will If You Have Complex Family Dynamics Understanding how to structure a will becomes even more vital when navigating the intricacies of non-traditional family situations. Whether due to divorce, remarriage, stepchildren, estranged relatives, or blended family units, complex family dynamics introduce emotional and practical considerations that make clear, legally-sound estate planning indispensable. Many people hesitate to broach the subject, especially when interpersonal tensions are involved. However, clarity in testamentary intentions helps reduce ambiguity and potential disputes, giving peace of mind both to the testator and to loved ones. This guide explores the considerations, legal mechanisms, and best practices that one should be aware of when drafting a will in the context of complicated familial relationships. It offers thoughtful insights into forming an estate plan that not only reflects your true wishes but also anticipates potential conflicts and reduces the likelihood of legal contests after you pass. Understanding Complexity in Family Relationships Family structures have evolved markedly over recent decades. Today’s families often include stepparents, stepchildren, half-siblings, cohabiting partners, adopted children, and distant relatives who act as primary carers or confidants. Additionally, relationships can be strained—divorces may result in lingering resentment, siblings may be estranged, or children from one relationship may not get along with those from another. In legal terms, traditional blood and marriage ties no longer automatically dictate inheritance. Where the law may not reflect your emotional or relational reality, a properly drafted will gives you the power to adapt legal instruments to suit your unique personal circumstances. Identifying all Key Individuals The first step is a comprehensive audit of your family tree, but with emotional nuance. It’s crucial to list not only legal and biological relatives but also those who may have a legitimate expectation or hope of inheritance, based on your relationship with them. Begin this process by considering whom you feel morally or emotionally obliged to provide for. This might include:– Children from different relationships– Current and former spouses or partners– Stepchildren or unofficial dependents– Estranged family members you may or may not wish to include– People who have acted as carers or significant companions Creating a complete map helps to identify potential conflicts and foresee any grounds on which someone might contest your will. Defining Your Objectives Clearly With complex relationships, clarity of intent becomes paramount. Ask yourself fundamental questions:– Who do you want to benefit from your estate?– What do you want each person to receive?– Are there individuals you want to explicitly exclude?– What are your reasons for including or leaving out certain people? Often, these questions are emotionally challenging but articulating the objectives honestly—both for yourself and in your will—will form the cornerstone of an effective estate strategy. Working with a Specialist Solicitor When dealing with non-standard family configurations, the importance of professional guidance cannot be overstated. A will drafted using templates or DIY kits may suffice for very simple asset distributions among close nuclear family members; it falls drastically short in complex scenarios. A solicitor who specialises in wills and estates will not only ensure that your instructions are legally sound but also advise you on how the law applies to your situation. In the UK, certain claims can be made against an estate under the Inheritance (Provision for Family and Dependants) Act 1975. This includes not only spouses and children but also ex-partners and other dependants who relied on you financially. A legal expert can guide you in crafting provisions or explanations that help to prevent or defend against potential claims. Using Specific Language and Terms Vagueness is one of the most common reasons for a will to be contested or deemed invalid. That’s particularly relevant in complex family situations, where misunderstandings or assumptions can grow into full-blown legal battles. Specify full names and relationships. For example, instead of “my children,” clarify with “my biological children John Smith and Jane Smith” or “my stepdaughter Maria Jones, whom I raised since she was five.” Likewise, instead of vague bequests like “all my possessions go to my partner,” use the full legal name and define the type of partnership—married, civil, or cohabiting. This level of detail eliminates doubt and strengthens the will’s enforceability. Considering How the Law Sees Relationships Laws regarding wills and inheritance vary across the UK. For instance, in England and Wales, there is testamentary freedom: you can, broadly, leave your estate to whomever you choose. However, this does not mean your decisions are beyond challenge. The legal system provides a framework where dependants who are not adequately provided for can launch claims. Hence, if you’re considering omitting close relatives such as children or a former spouse, it’s wise to document your reasoning. This can be outlined in a separate letter of wishes that accompanies your will, offering helpful context after your death—without making the will itself emotionally charged. Conversely, Scots law imposes ‘legal rights’ on spouses and children that must be honoured in some circumstances, even if the will says otherwise. This highlights the importance of jurisdictional awareness and the need for region-specific advice. Addressing Stepchildren and Blended Families Blended families are a common source of inheritance disputes. Legally, stepchildren do not have an automatic right to inherit unless adopted—a fact often misunderstood. If you wish to include stepchildren, this must be made explicit in your will. Conversely, if you wish to exclude adopted or stepchildren raised in the family home, it’s essential to clarify this in unambiguous terms, tempered with rationale in a letter of wishes. Providing either financial or emotional support to a dependent while alive can establish grounds for that person to claim ‘reasonable financial provision’—so understand your obligations carefully. Dealing with Former Spouses Divorce does not necessarily invalidate a previous will, unless and until it is formally amended. Additionally, if you are separated but not legally divorced, the law may still entitle your spouse to a portion of your estate, regardless of your intentions. Where there are children from a prior marriage, you might wish to leave assets to them