Creating a will when you own property through a limited company Owning property through a limited company is a common practice among investors and entrepreneurs in the UK. It comes with several advantages, such as tax efficiency, simplified asset management, and liability protection. However, when it comes to estate planning, this structure introduces a layer of complexity. Unlike personal assets, company-owned property cannot be simply left to someone in a traditional will like personal belongings or directly held property. Hence, it is vital to approach will-making with a robust understanding of how limited company ownership affects asset distribution after death. This article explores the interactions between company ownership and estate planning, highlighting the necessary considerations, common challenges, and practical steps to ensure a seamless transition of business interests and corporate-held assets. Corporate Ownership Versus Personal Ownership To understand why special attention is required when creating an estate plan involving a limited company, one must first distinguish between corporate and personal ownership. Property owned through a limited company is not regarded as a personal asset of the individual director, shareholder, or person who controls the company. The company itself, as a separate legal entity, owns the property. This legal separation plays a critical role in how the property is treated upon the owner’s death. This means that a will cannot directly assign company-held assets, such as rental properties, to beneficiaries. Instead, individuals must structure their succession plans around what they do personally own — such as shares in the company — and determine how control of those shares and the company will pass on after their death. What a Will Can and Cannot Include A will is fundamentally a legal document outlining an individual’s wishes regarding the distribution of their estate. An estate typically includes personal possessions, savings, investments, and directly owned real estate. However, it does not directly include assets held by a separate legal entity like a company. Rather than listing the property itself in the will, a testator (the person creating the will) must focus on their ownership interest in the company. For someone who owns the property through a limited company, what they can include in their will is the shares they hold in that company. The distribution of those shares, and therefore future control of the company and its property, becomes the key point of estate planning. This introduces matters relating to shareholder agreements, article of association, and director succession. Shares as the Transferable Asset If the property is owned by a company, passing down this property is inextricably tied to passing down the company shares. A person’s shareholding determines the percentage of ownership, their influence over the business decisions, and their entitlement to dividends. Upon death, the shares form part of their estate and can be gifted to heirs via a will. However, company shares do not automatically transfer to the named beneficiaries in a will. The executors of the estate, and potentially the surviving directors and shareholders, must also comply with the company’s governing documents and applicable shareholder agreements. These documents may restrict the ability to transfer shares freely or may require the existing shareholders’ consent. Therefore, succession planning becomes more than just writing a will; it requires aligning legal documents, ensuring all stakeholders are aware of potential plans, and often putting agreements in place today to make intended transfers possible in the future. The Role of Shareholder Agreements A shareholder agreement sets out how a company is run and the rights and obligations of each shareholder. It may stipulate what happens to shares upon the death of a shareholder, including offering surviving shareholders the ability to purchase the deceased’s shares before they are transferred to anyone else. For family-owned or closely held businesses, this could be a safeguard, preserving control among trusted participants. However, it may also override the instructions in a will. For example, if the agreement contains a clause requiring that the deceased’s shares be bought back by the company or offered to others before they can be transferred to beneficiaries, executors must follow that clause, even if the will says otherwise. It is therefore essential to review existing shareholder agreements and update them if necessary to ensure alignment with estate planning goals. Failure to consider these agreements can lead to disputes or results contrary to the deceased’s wishes. Company Articles of Association and Inheritance Every limited company is governed by its Articles of Association — a public legal document outlining the company’s structure and management rules. These articles may contain clauses related to the transfer of shares, shareholder rights, and the appointment of directors. When creating an estate plan, it’s essential that these Articles are reviewed to determine how they will apply after the individual’s death. If a shareholder passes away and their shares are to be transferred to a beneficiary, the Articles might require the approval of the board of directors or might include pre-emption rights for existing shareholders. Without careful alignment between the Articles, the shareholder agreement and the will, succession can be delayed or contested, potentially reducing the value of the estate or risking the continuity of business operations. Use of Trusts in Estate Planning For more sophisticated estate plans, particularly where high-value property and company shares are involved, trusts can offer an effective solution. A trust allows assets (such as company shares) to be held and managed by trustees on behalf of beneficiaries. This can be beneficial when the goal is to provide income to dependents without giving them outright control of an operating company. Trusts offer several advantages including the ability to provide for minor children, protect assets from creditors, and manage the timing of asset distribution. They also allow the testator to define how the beneficiaries may use their inheritance — which is particularly useful if the property is income-generating and long-term management is desired. Placing shares into a trust should be done with the assistance of both legal and financial professionals, as it can have implications for inheritance tax and must comply

How to ensure your pet care wishes are legally enforceable For many, pets are more than just animals—they are beloved members of the family. Dogs, cats, rabbits, birds and other companion animals provide affection, companionship and emotional support. Despite their importance, the law in most jurisdictions still considers pets as property. This legal classification presents challenges when it comes to ensuring that your preferences regarding their care continue after your death or if you become incapacitated. Planning for the continued wellbeing of your pet involves more than verbal assurances to loved ones. It’s essential to consider how to formalise your intentions in ways that are recognised and enforceable by law. A well-crafted strategy ensures that your pet’s care continues in line with your values, even when you are no longer able to oversee it. In this context, understanding legal mechanisms and estate planning tools is crucial. They make the difference between a pet being lovingly cared for or potentially ending up in a shelter, or worse. This guide explores the legal options available in the UK and offers detailed advice to ensure your pets are protected even in your absence. Why Informal Arrangements Fall Short When it comes to pet care, many people rely on informal agreements. They assume a friend or family member will step in when needed. While well-intentioned, these verbal promises are not legally binding. During emotionally charged times such as illness or after a death, circumstances change. Caregivers may no longer be willing, suitable or able to fulfil the task. Without written and legally binding directions, your wishes for your pet may not be honoured. Others may disagree with who should take care of your pet. Even with the best intentions, things can go wrong, and the lack of formal instructions leaves room for ambiguity. Furthermore, a pet’s care can be costly. Food, grooming, veterinary bills and daily needs add up over time. Without a plan for covering these costs, the person taking responsibility for your animal might struggle financially, even if they are willing to help. Therefore, creating a legal and financial framework is not only wise but in many cases necessary. The Role of a Will in Pet Care Planning Your Will is one of the primary legal documents that can be used to plan for your pet’s care. However, due to the classification of pets as property, you cannot leave money directly to your pet in your Will. Instead, you must take anticipatory steps to ensure that care and funding are provided through suitable means. You can specify in your Will who should take ownership of your pet. Since pets are legally regarded as assets, you can treat them similarly to valuable possessions. For instance, your Will might state that your dog is to be given to a trusted friend, relative or organisation. It is important to first have a conversation with the intended caregiver. Their agreement to accept the responsibility is essential. Surprise bequests in a Will—no matter how favourably intended—can cause confusion, stress, and even conflict at an emotional time. In addition to transferring ownership of your pet, you can leave a gift of money to the designated caregiver. This lump sum is intended to help cover the expenses involved in caring for your pet. However, it is important to understand that the money becomes the legal property of the caregiver. Unless further controls are added, they are under no legal obligation regarding how the money is actually used. Consider Using a Letter of Wishes To provide clarity about your expectations, a Letter of Wishes can accompany your Will. This informal document allows you to outline more detailed guidance for the care of your pet, such as preferred foods, exercise routines, medical history and any quirks in temperament. While not legally binding, this document offers helpful insights to the future caregiver and ensures your pet’s lifestyle is preserved as much as possible. Given its informal nature, a Letter of Wishes can be updated without the need to formally alter your Will. You may, for example, change your pet’s diet or medications, or add new information about their needs as they age. This flexibility is invaluable when trying to align long-term planning with the pet’s evolving daily life. However, because a Letter of Wishes is not enforceable, it cannot replace the formal arrangements made through a Will, trust or other legal instruments. Creating a Pet Trust: A More Comprehensive Solution For those who seek robust legal protection for their pet, the concept of establishing a trust offers a more enforceable approach. A trust is a legal arrangement whereby one party (the trustee) is appointed to manage assets for the benefit of another (the beneficiary). In the UK, while pets themselves cannot be direct beneficiaries of a trust—since they are not recognised as legal persons—there are ways to structure a trust that ensures your pet’s needs are met. You can set up a trust that appoints a caregiver and provides funds to them, with a trustee overseeing that the money is only used for the pet’s benefit. Unlike a mere monetary gift, the trustee maintains control, monitoring the situation and providing accountability. This arrangement can provide more security than a simple Will bequest because it introduces formal oversight. If the caregiver fails in their duty or misuses the funds, the trustee can intervene, reallocate responsibilities or take legal action. Creating such a trust involves legal expertise, as the language must be precise and compliant with relevant UK laws, such as the Trustee Act 2000 and the Charitable Trusts (Validation) Act 1954. Typically, pet care trusts are made as part of an overall estate plan and should be drawn up by a solicitor specialising in wills and trusts. Choosing the Right Caregiver and Trustee Selecting the right people for the roles of caregiver and trustee is a crucial part of this process. Ideally, the caregiver should be someone familiar with your pet or, at the very least, an animal lover with experience. They

Leaving instructions for unpublished works or manuscripts In the literary world, unpublished works often hold as much significance as completed, published pieces. Whether they are early drafts, notebooks filled with ideas, or complete manuscripts awaiting an editorial touch, these materials form a substantial part of a writer’s legacy. As such, it is essential for authors to consider what will happen to these works upon their death. Leaving clear, legally binding instructions for how unpublished material should be handled is not only an act of foresight but also a means of preserving one’s creative intentions while protecting the integrity and potential of literary property. Many authors, from celebrated figures to emerging voices, leave behind a treasure trove of unpublished writings—stories, essays, personal journals, letters, or even unfinished novels. These works could offer literary insight, biographical detail, or significant commercial value. As a result, the question is not simply one of what to do with these works, but of who has the right to decide, how such decisions should be made, and on what terms. To address these concerns, writers must take proactive steps during their lifetimes to ensure that their work is preserved or published—or withheld—in ways that reflect their wishes and values. Understanding the Importance of Posthumous Planning It is a truth universally acknowledged among legal and literary professionals that the absence of clear directives regarding literary estates can instigate disputes, confusion, or even legal action. History has shown several prominent cases where authors who died without leaving precise instructions regarding their unpublished manuscripts left families, literary executors, and publishers in limbo. These posthumous uncertainties not only jeopardise the intended use of the material but can also tarnish reputations and strain interpersonal relationships. Unpublished works are still protected by copyright, with rights normally returning to the author’s estate upon death. However, without specificity in a will or separate documentation regarding how to handle such intellectual property, decision-making falls into the hands of next of kin, who may not be equipped—or motivated—to uphold the deceased writer’s artistic vision. This situation becomes even more complex when the surviving family does not fully understand the literary or emotional value of the work in question. By addressing the fate of one’s unpublished works with clarity and foresight, an author greatly reduces the margin for misinterpretation and opens the possibility for their literary voice to live on according to their design. Identifying Your Unpublished Material Before any legal or editorial steps can be taken, an author must first make a thorough audit of all unpublished and partially published material. This might include: – Draft versions of published and unpublished novels– Poetry or short story collections not yet submitted or accepted– Personal diaries or journals– Research notes or annotated materials– Correspondence with literary elements of value– Blogs, newsletters, or digital content in draft form– Audio or video dictations– Interviews or lecture transcripts Undertaking this audit is no small task. It requires both an understanding of the scope of one’s work and the discipline to catalogue it meaningfully. Documenting where each item is stored—digitally or physically—is also critical. Proper labelling and a master inventory list will provide any executor or heir with a clearer perspective when navigating the archives. Appointing a Literary Executor A literary executor is arguably one of the most important figures in this entire process. Unlike a standard executor who may oversee the broader estate, a literary executor is specifically responsible for handling your intellectual property. This includes decisions such as whether or not to publish posthumously, negotiating contracts with publishers, managing royalty flows, licensing content, and interfacing with scholars, biographers, or the media. Choosing an appropriate literary executor requires careful thought. Ideally, it should be someone who understands your artistic vision, respects your wishes, and possesses a degree of legal or literary acumen. While this could be a family member, it’s often more effective to select a professional such as a literary agent, lawyer, or trusted colleague in the writing community. Clear communication with the selected individual is essential, so they understand not only their responsibilities but also your expectations. This appointment must be formalised legally, most commonly through a clause in the will or in a separate legal document referred to in the will. Without this specification, control may default to the standard executor or next of kin, potentially resulting in decisions that conflict with your creative ethos. Specifying Your Wishes in Legal Documents Wills and separate codicils are vital tools in spelling out what should be done with your unpublished material. Some authors wish to have their works destroyed; others insist on posthumous publication only under certain conditions. Whatever your preference, articulating this clearly in writing will provide your executor with the authority and guidance needed to carry out your wishes. It is worth noting that general statements of intention, while helpful, are not legally binding unless specially outlined in the will or attached documents. Therefore, supplement your will with a detailed letter of instruction regarding: – Which works should be destroyed, edited, or completed– How and whether unfinished works are to be handled– Your preferred publishing arrangements or agents– The desired tone or audience for possible biographical works– Any restrictions regarding adaptation (to film or theatre)– Directions for archiving or donating to university libraries or literary trusts It is also beneficial to date and sign these instructions, clarifying that they represent your latest intentions. In some jurisdictions, ambiguous or outdated documents can lead to legal challenges, so consulting a solicitor or estate planner who specialises in intellectual property is highly recommended. Archiving and Digital Preservation Many authors believe that once they list their wishes in a legal document, their responsibility ends there. However, a substantial component of posthumous literary management lies in the condition and accessibility of your works. Digital media presents both extraordinary opportunities and challenges in this regard. Authors who create digitally must take active measures to ensure that their files can be accessed by their literary executors and remain compatible with evolving technology. This might include

Clarifying burial vs. cremation preferences in your will End-of-life planning is an essential yet often avoided conversation, and among the most personal decisions that individuals face is the choice between burial and cremation. This choice reflects not only practicality but often encompasses aspects of cultural tradition, personal beliefs, religious faith, cost considerations, and environmental concerns. Ensuring that your preferences are explicitly recorded in your will is a critical part of your estate planning, offering clarity and direction to your loved ones during a profoundly emotional period. Proper documentation helps reduce confusion, potential disputes, and emotional distress for your family and executors. By incorporating your burial or cremation wishes into your will, you ensure your final arrangements reflect your values and personal preferences. Let’s explore how to approach this sensitive subject with thoughtfulness, clarity, and the legal guidance necessary. The Importance of Specifying Your Wishes Clearly A will is a legal document designed to express your instructions concerning the distribution of your assets and the management of your estate after death. Yet, it also provides space for personal requests, including the type of funeral arrangements you desire. Even though your funeral instructions may not be legally binding in some jurisdictions, they typically hold significant persuasive weight with executors and family members. Clearly stating your wishes can avoid difficult decisions during a vulnerable time. When left unspecified, family members may face emotionally charged disagreements about what you would have wanted, and such disputes can sometimes spiral into long-standing familial rifts. By making your preferences known, you offer your loved ones the gift of certainty and peace of mind. Burial vs. Cremation: Key Differences and Personal Motivations The first step in making these decisions is understanding the fundamental differences between burial and cremation, along with the various reasons why people opt for one over the other. Burial involves placing the deceased in a casket, which is then interred in a cemetery or burial ground. This approach may include a headstone or grave marker and often follows cultural or religious customs. Cremation, by contrast, involves reducing the body to ashes through a high-temperature process. The ashes can be kept in an urn, scattered in a meaningful location, buried, or incorporated into other memorial practices. Motivations behind choosing one over the other are deeply personal. For some, religious or cultural norms shape their decision. In traditions like Judaism and Islam, burial remains the standard practice. In contrast, many Buddhists and Hindus prefer cremation. Others may be influenced by environmental concerns, with some viewing cremation as a more sustainable option—although emerging alternatives such as green burials and water cremation (resomation) now offer eco-conscious choices for both burial and cremation. Cost is another significant factor. Cremation is generally less expensive than traditional burial, particularly when one considers the expenses associated with a coffin, burial plot, grave markers, and ongoing maintenance. However, elaborate cremation packages can also become costly depending on the chosen memorial services. Legal Standing of Funeral Instructions in Your Will While you can include your funeral and disposition preferences in your will, it is essential to recognise the legal nuances involved. In England and Wales, for example, executors have the legal right to determine the manner of disposal of the body, even if this conflicts with the deceased’s written wishes. That said, executors typically aim to honour those wishes insofar as they are reasonable and feasible. This legal grey area underscores the importance of choosing your executors wisely and ensuring they understand—and are willing to carry out—your preferences. It also suggests the value of supplementing your will with additional documentation, such as a letter of wishes, advance directive, or formalised funeral plan with a funeral director. Your will might not be read until days after your passing, possibly after the funeral arrangements have already begun. For this reason, do not rely solely on the will to communicate time-sensitive instructions. Instead, discuss your arrangements with your executors and loved ones in advance, provide them with accessible written documentation outside of the will, and make sure they know where to locate your will promptly upon your death. Creating a Well-Informed Burial or Cremation Plan Clarity and thoughtfulness are central to any well-crafted funeral directive, whether it’s included in your will or an ancillary document. As you begin to articulate your preferences, consider the key details that should be addressed: 1. Your preferred method of body disposition—burial or cremation.2. Desired location for the burial or repository of ashes.3. Religious or spiritual customs to be respected.4. Type and tone of memorial service, if any.5. Preferred attendees, readings, music, or symbols.6. Instructions about the headstone, urn, or other memorials.7. Financial arrangements—have you pre-paid for any services? Have funds been set aside? Including these elements ensures not only that your wishes are clear, but also that your funeral reflects the values and personality you maintained in life. If you have an existing funeral plan with a provider, attaching the contract or plan details to your will or making a cross-reference will assist your executors in coordinating seamlessly with service providers. Cultural and Religious Sensitivities Understanding the cultural and religious implications of burial and cremation can help you make a more informed decision and communicate that decision more effectively to your family and executors. Different faiths and communities have deep-seated beliefs about life, death, and the soul, and these beliefs often dictate end-of-life rituals. For example, Catholic doctrine has long supported burial as a symbol of the resurrection of the body, though it now permits cremation provided it’s not chosen for reasons contrary to Church teachings. In contrast, Hindu tradition mandates cremation, which is seen as a rite of passage and the liberation of the soul from the physical body. Knowing these traditions may influence your choice, especially if there’s an intergenerational dynamic at play in your family. While you may hold secular or alternative views now, your family may adhere to traditional customs. Handling this sensitively and making your wishes explicit helps manage expectations and pave the way for a

How to provide for long-term care in your will Understanding how to make provisions for long-term care is a critical aspect of comprehensive estate planning. As people live longer, the possibilities of needing various forms of long-term assistance increase. Decisions around care in later life aren’t merely about daily support—they also intersect with financial sustainability, personal dignity, and your family’s emotional wellbeing. Planning in advance through legal instruments such as your will enables you to communicate your choices clearly, ensure your wishes are honoured, and potentially relieve your loved ones from making difficult decisions on your behalf. This article explores the many layers involved in making long-term care provisions within your will and offers guidance on how to navigate each one effectively. The importance of early planning The unpredictable nature of ageing and health challenges makes early planning an essential consideration. While you may feel healthy and capable today, health changes can occur suddenly, impacting your ability to make decisions or manage your own care. By planning early, you have the full range of options at your disposal. It also gives you the opportunity to involve relatives or trusted advisers in the process, secure appropriate legal advice, and take time to budget for potential costs. Early planning diminishes the risk that decisions will need to be made in haste or under emotional duress. Understanding long-term care needs Long-term care encompasses a range of services aimed at helping individuals with chronic illnesses, disabilities, or other conditions that affect their ability to perform everyday activities. These services may include assistance with bathing, dressing, mobility, eating, or medication management. Long-term care can be delivered at home, in a residential care facility, or in a nursing home, and the associated costs vary accordingly. Some people may require only part-time assistance or occasional help, while others might eventually need full-time residential care. Understanding the likely trajectory of your personal health profile, possibly in consultation with your GP or specialist, can help inform your decisions. It’s also advisable to have a forecast of funding mechanisms—whether through personal savings, long-term care insurance, or assistance from the local authority. Legal mechanisms beyond the will While your will is a crucial legal document that outlines what happens to your estate after death, it has limitations when it comes to making decisions about care during your lifetime. For long-term care arrangements that might affect your treatment or living situation while you are still alive, instruments like a Lasting Power of Attorney (LPA) are more direct and relevant. There are two types of LPA in the UK: one for property and financial affairs and another for health and welfare. These allow you to appoint trusted individuals to make decisions on your behalf should you lose mental capacity. While a will takes effect only after death, an LPA operates whilst you’re alive, making it an important complement when planning for long-term care needs. However, your will still plays a crucial part in outlining financial provisions and ensuring that funds or property are used for long-term requirements if those needs continue or your estate is used to settle obligations retroactively. Allocating funds specifically for care Setting aside a designated portion of your estate for care-related purposes in your will can help ensure that your financial resources are used according to your priorities. This may include establishing a trust for your own benefit or for a dependant who requires sustained care. Trusts offer important benefits, including asset protection and tax efficiency. A common structure includes a discretionary trust where trustees are given flexibility in how they allocate funds based on the prevailing circumstances. Alternatively, a life interest trust could designate that income from certain assets be used to fund care or support. For example, property might generate rental income dedicated to covering the costs of in-home carers or residential home fees. Working closely with a solicitor experienced in estate planning is critical at this stage. Not only will they help draft watertight provisions, but they’ll also ensure that your instructions line up with broader care planning concerns, such as protecting eligibility for means-tested local authority support. Providing for a dependent with care needs In many instances, estate planning must factor in not just the testator’s own care needs, but also those of close family members. Perhaps you are the parent of a disabled adult child or are responsible for an elderly relative. Making provision for their ongoing needs becomes an act of foresight and kindness. Specialist discretionary trusts can be used to provide for dependents without compromising their eligibility for state benefits. Known as vulnerable beneficiary trusts, these structures offer favourable tax treatment and maintain the beneficiary’s access to government-funded support. You can specify the degree of discretion afforded to the trustees and appoint individuals who understand your values and intentions. Including a letter of wishes alongside the legal document is also beneficial. While not legally binding, this letter offers guidance to your trustees about the kind of care arrangements or lifestyle preferences you hope will be upheld for your loved one. Navigating complex family situations Blended families, estranged relatives, or complicated financial arrangements can all add layers of complexity to long-term care planning via your will. In such cases, it’s especially important to consider the relationships among potential beneficiaries, the appointment of executors or trustees, and how guardianship or care responsibilities will be handled. For instance, if you have remarried but want to ensure your assets are used first for the care of your former spouse or provide for children from a previous marriage, very clear legal drafting will be required. Certain types of trusts, such as ‘immediate post-death interest trusts’, can provide income to a surviving partner while preserving capital for children at a later stage. In these the subtleties of intention are often as significant as the legal tools themselves. Do not leave this to chance or vague language. An experienced solicitor will help ensure that the nuances are fully conveyed and legally robust against potential challenges. Considering tax implications

Leaving a legacy to your alma mater or university For many of us, our time at university was transformative. It was more than just academia—it was a defining chapter coloured by intellectual discovery, expanding perspectives, lifelong friendships, and steps towards independence. Our alma mater shaped the people we’ve become and continues to evolve and serve new generations. Given the profound role universities have played in our lives, it’s no surprise that many alumni wish to give something back. One increasingly meaningful way to do so is through providing a legacy gift—also known as leaving a bequest—to the institution that once nurtured their potential. A legacy gift is more than a financial contribution; it is a powerful expression of gratitude, vision, and belief in the enduring value of higher education. Choosing to leave a portion of one’s estate to a university is a deeply personal decision that reflects not only individual philanthropic values but also a commitment to the greater good of society. This kind of giving shapes the future—facilitating research breakthroughs, improving facilities, supporting financially disadvantaged students, and enabling the university to maintain academic excellence while adapting to an ever-changing world. Why Legacies Matter Legacy giving enables universities to plan their long-term future with greater security and confidence. Unlike one-time donations, legacy gifts help build endowments: pooled investment funds where the capital is preserved and the generated income fuels university activities for years—sometimes indefinitely. This enduring support provides stability for institutions often under pressure from fluctuating government funding, inflationary costs, and increasing operational demands. Moreover, these gifts are often deeply purposeful. Donors can express their wishes regarding how the funds are used—whether to sponsor a student bursary, finance a future research chair, preserve historic buildings, or develop cultural programmes. Each choice mirrors the diverse passions of alumni and their desire to leave a mark that resonates well beyond their own lifetime. In some cases, legacy gifts have transformed university departments or sparked new centres of excellence, bringing prestige and benefits to both institution and donor alike. A bequest doesn’t merely ‘fund’ something; it invests in ideas, opportunities and the continued advancement of society’s collective knowledge. Types of Legacy Gifts There are several ways to remember a university in your will, and the most appropriate type of legacy depends on individual circumstances and the complexity of your estate. The most common method is a pecuniary legacy, a fixed amount of money left to the chosen institution. This is straightforward and allows the university to use the total sum once the estate is finalised. However, with potential economic shifts over time, the actual impact of a fixed sum may diminish. In contrast, a residuary legacy refers to a percentage of the remainder of an estate after other bequests and expenses have been settled. This method ensures the relative value of the gift is protected from inflation, and it is often a preferred option for many charities and institutions. It can increase in value if your estate grows or ensure proportional support even if the estate is smaller than anticipated. Other less common though equally beneficial legacy types include reversionary legacies—where the gift only goes to the university after a named beneficiary has passed—and specific gifts of property, investments or valuable possessions. These can include land, shares, artwork, or even rare books. In all cases, it is strongly recommended individuals seek legal advice to ensure their intentions are clearly stated and legally enforceable. The Motivation Behind Legacy Giving Deciding to include a university in your will is deeply reflective. For most donors, it stems from a strong sense of gratitude and allegiance. Perhaps their time at university opened doors that would have otherwise been closed. Perhaps they were the first in their family to attend higher education, and the experience changed the narrative for generations to follow. Or perhaps, simply, university life brought joy, stimulation, and personal growth—so much so that continuing its mission feels like a natural and worthwhile act. Some alumni feel particularly drawn to support students who face hardships, recalling how a scholarship or bursary made their own education possible. Others are passionate about cutting-edge research and wish to fund innovation in disciplines close to their hearts. Still others are especially connected to heritage or the arts and want to preserve the cultural treasures housed within university archives and collections. Legacy gifts are often made even more personal through naming opportunities—establishing an endowment or facility in the donor’s name or that of someone they wish to honour. This not only keeps their memory alive but also inspires current and future students to appreciate the continuing cycle of support and investment. Tax and Financial Considerations In the United Kingdom, leaving a charitable legacy to a recognised institution such as a university can also carry meaningful tax benefits. Legacy gifts are typically exempt from Inheritance Tax (IHT), which currently sits at 40% for estates above the £325,000 threshold. By including charitable gifts in your will, you could potentially reduce the total tax liability on your estate. Furthermore, if more than 10% of the net estate is left to charity, the rate of IHT on the remaining estate may be reduced to 36%, which could generate a considerable saving for other beneficiaries. For individuals with substantial assets, this often means that charitable giving can form a key element of responsible and rewarding estate planning. To take full advantage of these benefits, it is essential to ensure the gift is properly structured with the support of a qualified solicitor or estate planner. A letter of wishes can accompany the will, indicating how exactly the donor would like the funds to be used, though this is not binding. For more specific or complex intentions, it is always best to discuss matters directly with the university’s legacy or development team. University Recognition and Stewardship Most universities have developed thoughtful strategies to recognise and honour legacy donors. Many have established legacy societies—special groups that provide alumni with updates, invitations to exclusive events, and a sense of

How to include a foreign marriage or divorce in your will Understanding the implications of international marriages and divorces when preparing your will is crucial for ensuring your estate is distributed according to your wishes. With the increasing mobility of modern life, it is not uncommon for individuals to marry or divorce in foreign jurisdictions. This introduces complexities into the process of estate planning that need to be managed with careful legal guidance and forethought. This article explores the ramifications of foreign marital events on your will, the legal considerations intrinsic to cross-border scenarios, and the practical steps you can take to ensure your estate plan remains valid and enforceable. The Relevance of Marital Status in Estate Planning Marital status plays a significant role in how an individual’s estate is managed after death. In many jurisdictions, including England and Wales, marriage and divorce can automatically alter the legal standing of a will. For instance, getting married can revoke an existing will unless it was made in contemplation of that marriage. Conversely, divorce does not revoke a will, but it cancels any gift or appointment made to the ex-spouse. Given this dynamic, it is essential for individuals with foreign marriages or divorces to revisit their wills and adjust them in accordance with their new marital status. Failing to do so may result in unintended consequences, such as an ex-spouse inheriting your estate or your current spouse being excluded from your will. Understanding the Legal Recognition of Foreign Marriages and Divorces One of the first considerations in estate planning is the recognition of your marriage or divorce in your home jurisdiction. For a foreign marriage or divorce to have legal effect in the UK, it must be legally recognised under UK law. The UK generally recognises foreign marriages that are valid under the law of the country where the marriage took place, provided certain formalities were observed. These include capacity and consent of both parties, adherence to local formalities such as registration, and lack of legal prohibitions under UK law (e.g., incestuous relationships). Similarly, foreign divorces are recognised if they were obtained by means of judicial or other proceedings and are valid under the laws of the country in which they were granted. However, difficulties can arise if the marriage or divorce was informal, customary, or administratively deficient—even if widely accepted in the foreign country. Therefore, it is prudent to retain documentary evidence of the marital event, such as a marriage certificate or divorce decree, and to seek legal advice regarding its recognition under British law. Key Jurisdictional Differences and Conflict of Laws Estate planning for individuals involved in foreign marital relationships often encounters jurisdictional hurdles. Common law and civil law systems differ substantially in how they treat marriage, divorce, property rights, and inheritance. The UK generally applies the law of the deceased’s domicile (their permanent home) to succession matters. However, those who own assets in foreign countries may be subject to the estate laws of those countries, especially in civil law jurisdictions where forced heirship rules apply. Forced heirship mandates fixed portions of an estate to specific relatives, limiting testamentary freedom. These complications make it essential to review whether your foreign marriage or divorce affects your domicile status and to examine whether foreign inheritance laws might override your will. In some situations, it may be beneficial to make separate wills for assets situated in different countries, always ensuring that these do not conflict with each other. How Marriage Abroad Affects an Existing Will Marrying after making a will can automatically invalidate that will unless it was clearly made in contemplation of the marriage. This principle applies irrespective of whether the marriage takes place in the UK or abroad. If the will becomes void due to a new marriage, the estate would be distributed according to the intestacy rules of the domicile jurisdiction, which may not reflect your current wishes. To protect the integrity of your estate plan, it is advisable to create a new will after marrying abroad or to ensure that the existing will includes a clause stating it was made in contemplation of the specific marriage. Furthermore, ensure that your new spouse is sufficiently provided for under the new will to avoid potential family provision claims. How Divorce Abroad Influences Testamentary Intentions Unlike marriage, divorce does not revoke a will, but it can automatically render any references to the ex-spouse as if that person had died. This includes roles such as executor, trustee, or beneficiary. These changes occur only if the divorce is recognised by British law. If you have divorced abroad and your divorce is later deemed invalid or non-recognisable under UK law, then the provisions in the will favouring your ex-spouse may still take effect. Therefore, you should not rely on the automatic nullification of your ex-spouse’s rights under a will, especially when dealing with international divorce. The most secure solution is to update your will immediately upon divorce to reflect your new intentions clearly and unambiguously. This is particularly important if you wish to maintain any benefits for your former spouse or if your family structure involves dependents from multiple relationships. Civil Partnerships and Non-Recognised Marital Unions If your foreign partnership is not recognised as a legal marriage or civil partnership under UK law, this can substantially affect how your partner is treated upon your death. In such cases, they may not be automatically entitled to any share of your estate under intestacy rules. For example, partners in customary or religious marriages not legally registered in either the UK or the country where they were celebrated may lack legal standing. Therefore, it is critical to ensure that your will specifically provides for any such partner and outlines your intentions. Legal Advice and Cross-border Professional Guidance Given the complexity of cross-border legal systems, taking professional advice when dealing with foreign marital events is crucial. A solicitor who specialises in international estate planning can clarify which aspects of foreign marriages or divorces may impact your will and

How to reduce IHT liability with agricultural property relief Understanding how to reduce Inheritance Tax (IHT) liability is an essential component of effective estate planning in the United Kingdom. For individuals with qualifying agricultural assets, one of the most valuable reliefs provided under the tax system is Agricultural Property Relief, or APR. This relief can significantly lower the taxable value of agricultural property when it is passed on either during a lifetime or through a will. However, eligibility and application are subject to specific criteria that must be carefully understood and adhered to. This article explores the key aspects of Agricultural Property Relief in detail, the conditions under which it applies, recent developments, and how landowners, farmers, and professional advisers can utilise it as part of a broader IHT strategy. What is Agricultural Property Relief? Agricultural Property Relief is a relief from Inheritance Tax on certain types of property used for agricultural purposes. Depending on the circumstances, it can offer up to 100% exemption from IHT on the agricultural value of land or property. Introduced with the aim of maintaining the continuity and viability of agricultural businesses across generations, APR helps ensure that farms and other agricultural holdings can remain in family ownership without having to be sold to pay IHT charges. The relief is applicable whether the transfer of the property is made through a will or as a gift during the donor’s lifetime, provided the qualifying conditions are met. It’s important to note that APR applies only to the agricultural value of the property. If part of the value exceeds what is considered agricultural in nature—such as residences, development potential, or commercial use—then that portion may not be covered by the relief. Qualifying Agricultural Property To be eligible for APR, the property in question must qualify as agricultural property under the rules set out by HM Revenue & Customs (HMRC). Broadly speaking, agricultural property includes: – Agricultural land and pasture used for the growing of crops or for the rearing of animals– Woodland and buildings used in conjunction with agricultural activities– Farmhouses, cottages, and farm buildings—provided they meet certain tests and are in use as part of agricultural operations– Land on which agricultural crops are cultivated, including orchards, meadows, and even certain types of market gardens However, it’s important to distinguish between land that is actively used for agricultural purposes and land that has been ‘retired’ or converted for another use. Only the part being used for agriculture may qualify, and unused land that has not been farmed or managed consistently may not benefit from APR. Ownership or Tenancy Period Requirements APR isn’t automatically granted upon ownership. The relief is contingent upon the length of ownership or occupation prior to the transfer. Generally: – If the owner personally occupies and uses the property for agriculture, it must have been owned and occupied for at least two years.– If the property is occupied by someone else—for instance, under a formal tenancy agreement—then the owner must have held the property for at least seven years. There is a nuance here: occupation must be for the purposes of agricultural operations. Passive ownership or rental to individuals who are not actively farming could mean that the relief is denied or reduced. A key consideration is the nature of the occupation. HMRC scrutinises whether the property is genuinely used for agriculture. In cases where the property is let, it is vital to establish that the tenant is actively using the land for qualifying agricultural purposes and that tenancy agreements support that use. The Rate of Relief There are two levels at which APR is available—100% or 50%—and the rate you receive depends on several factors, including tenancy status and whether the property is in possession or reversion. 100% relief may be granted in the following situations: – The owner is occupying and using the land for agriculture personally– The land is let under a tenancy that commenced after 1 September 1995– The land is held by a company, and the shares are eligible for Business Property Relief as well 50% relief typically applies in these situations: – The property is let under a pre-1995 tenancy and the landlord does not have the right to vacant possession within 24 months– The property is subject to restrictions that affect ownership rights, such as covenants or unusual lease conditions Given these complexities, careful record-keeping and legal documentation are crucial. Property owners should obtain legal advice to review historic tenancy agreements and ensure that all agricultural use is clearly documented in case of scrutiny from HMRC. Agricultural Value vs Market Value Crucially, APR applies only to the ‘agricultural value’ of the property. This is typically lower than the open market value. The agricultural value is defined as the worth of the land and buildings if they were subject solely to agricultural use and held on a full repairing tenancy. For example, a parcel of arable land near an urban fringe may have a market value significantly exceeding its agricultural value due to potential for development or amenity use. In such a case, APR would only apply to the portion of the value attributable to agricultural utility. The excess—based on potential or alternative use—would remain within the scope of IHT unless another relief (such as Business Property Relief) can be applied. Farmhouses and Cottages A particularly complex area of APR revolves around the status of farmhouses and cottages. For a farmhouse to qualify, it must be: – Character appropriate to the size and nature of the farming activity– Occupied by someone actively engaged in farming the land, typically the farm owner or a full-time farm worker– Functionally integral to the agricultural operations of the land Challenges often arise when large, grandiose homes are loosely associated with a smallholding of land or when the farmhouse becomes more of a residence than a working home. In such cases, HMRC may contend that the farmhouse is not of a character appropriate to the agricultural activity and deny relief on some

Navigating will disputes involving mental capacity claims Understanding and managing disagreements over testamentary documents can be complex, particularly when concerns about the mental capacity of the person who made the will come into play. These disputes often involve sensitive family dynamics, emotionally charged backgrounds, and difficult legal questions. Mental capacity challenges typically arise after the passing of a loved one, adding to existing grief and division. To navigate these circumstances effectively, it is essential for those involved to understand the legal principles, medical considerations, evidentiary requirements, and resolution options available. The challenge of such disputes is twofold: first, establishing or disproving the testamentary capacity of the testator at the time the will was made; and second, managing the procedural and emotional fallout that follows. This article explores the foundations of these disagreements, the relevant legal landscape, the role of medical evidence, and the steps available to resolve the conflict with dignity and fairness. The legal foundations of testamentary capacity In English and Welsh law, the key principles relating to testamentary capacity were set out in the 1870 case of Banks v Goodfellow. This remains the cornerstone legal test over 150 years later. It establishes that in order to create a valid will, the testator must: 1. Understand the nature and effect of making a will.2. Know the extent of the property they are disposing of.3. Understand and appreciate the claims to which they ought to give effect (i.e., understand who might expect to benefit from the will).4. Not be affected by any disorder of the mind that influences their dispositions in the will. These four criteria form the basis upon which capacity will be assessed. Importantly, capacity is a legal concept, not merely a medical one. A diagnosis of dementia or another cognitive impairment does not necessarily mean a person lacks testamentary capacity. The focus is on the testator’s abilities at the specific point in time the will was executed. Assessing historical mental capacity Since will disputes often arise posthumously, proving or contesting mental capacity becomes a uniquely retrospective exercise. The courts must effectively answer whether the testator met the legal test of capacity on the specific date they executed their will. This assessment often relies on a complex mosaic of documentary evidence, witness testimony, and expert opinion. Medical records from the period leading up to the execution of the will can be critical. These may include GP notes, specialist assessments, hospital records, and any evidence of cognitive testing. Where testamentary capacity is called into question based on events that occurred years ago, the reliability and detail of medical documentation can significantly influence a court’s findings. Alongside this, witness evidence plays a key role. Solicitors, friends, carers, family members, and others who interacted with the testator can provide crucial context. A solicitor who oversaw the making of the will may have made extensive records attesting to the client’s apparent understanding and decision-making ability, following what is known as the Golden Rule. The significance of the Golden Rule Legal practitioners are expected to follow professional guidance when preparing wills for elderly or potentially vulnerable clients. The Golden Rule, not a legal requirement but considered best practice, advises solicitors drafting a will for someone who is unwell or aged to obtain a contemporaneous medical opinion confirming the testator’s capacity. This precaution does not guarantee immunity from future disputes, but it significantly strengthens a defence against claims of incapacity. A properly documented will-drafting process, supported by an independent medical assessment, may offer persuasive evidence to the court if contested. Solicitors should also keep detailed file notes and use capacity questionnaires or worksheets to demonstrate that they followed appropriate steps. However, not all wills are prepared by legal professionals – homemade wills or those drafted without professional input are particularly susceptible to scrutiny. Common scenarios leading to disputes Claims relating to mental capacity typically arise under one or more of the following scenarios: 1. A new will departs significantly from a previous version with no clear rationale. If the previous will favoured all the children equally, but a later will leaves everything to one, alarm bells may ring. 2. A will is made shortly after a diagnosis of Alzheimer’s or another degenerative condition. The timing can give rise to suspicion, especially if combined with physical frailty or dependence on others. 3. The testator was heavily reliant on one individual – often the main beneficiary. Evidence that the testator was isolated or had limited contact with others may suggest undue influence or reduced capacity. 4. Lack of independent legal advice. Homemade wills, or those drafted under the guidance of a beneficiary, naturally face more scrutiny due to the higher risk of coercion or confusion. It is crucial to understand that mental capacity may fluctuate. Someone might lack capacity on one day but retain it the next – particularly in cases of mild cognitive impairment or early-stage dementia. This makes precise dating of the will and corresponding evidence even more important. The role of expert evidence In mental capacity disputes, expert psychiatric or geriatric evidence may be necessary to assist the court in assessing the testator’s cognitive ability at the date of the will’s execution. Experts are typically instructed to review available records and provide a retrospective assessment of capacity based on recognised diagnostic tools and the Banks v Goodfellow test. However, medical evidence is rarely conclusive on its own. The courts evaluate all the circumstances – medical, factual, legal, and personal. An expert may opine that the testator was likely experiencing memory issues, but unless this impacted their ability to understand the relevant components of a will, the legal threshold for capacity may still have been met. Instructions to experts must be carefully structured. The court will reject poorly drafted or speculative reports. Parties should consider jointly instructing a single expert when appropriate, to reduce the risk of contradictory findings and streamline the litigation. Procedural process and key stages Disputes over wills are usually handled through civil proceedings in the Probate Registry or Chancery

What to do when beneficiaries live abroad Understanding the complexities of estate planning is a critical aspect of ensuring your wishes are fulfilled and your loved ones are cared for after you pass away. The process becomes even more intricate when beneficiaries—those who are set to inherit your estate—reside in a different country. Cross-border inheritance introduces a range of legal, financial, and logistical challenges that must be managed carefully to avoid unnecessary delays, tax complications, or disputes. This guide aims to explore the key considerations and practical steps for ensuring a smooth process when the individuals named in a will or trust live abroad. Whether you’re an executor of an estate, a solicitor advising a client, or someone working on your own estate plan, understanding how to navigate international inheritances is essential. Legal jurisdiction and applicable laws The first and most important point to clarify is which country’s laws will govern the administration of the estate. Ordinarily, the estate is subject to the laws of the country where the deceased was domiciled—often, but not always, the place of their permanent residence or where they intended to live indefinitely. Domicile differs from mere residency and can have lasting implications, particularly in common law jurisdictions such as the United Kingdom. When a beneficiary lives abroad, it’s crucial to understand that their country of residence has its own set of rules and regulations regarding inheritance, taxes, and the acceptance of foreign estates. Some countries may not automatically recognise a foreign will, adding another layer of complexity. Accordingly, it’s beneficial to consult with legal professionals in both the country of the deceased and the beneficiary’s country of residence to ensure legal alignment. Probate and administration challenges Obtaining probate—the legal process of proving a will is valid and administering the estate—becomes more complicated when beneficiaries are overseas. If the deceased held assets in another country, or if the beneficiary resides abroad, a grant of probate might be required in multiple jurisdictions. This process is referred to as ‘resealing’ the grant of probate in common law countries, whilst civil law countries may require an entirely separate succession process. Foreign beneficiaries could encounter delays in receiving their inheritance due to the need for translated documents, certified copies of wills, and apostilles to authenticate legal paperwork. In many cases, communications between probate registries, solicitors, and beneficiaries may take longer due to time zone differences, language barriers, and postal delays. Incorporating digital tools and remote verification methods where possible is increasingly becoming a practical solution. Tax implications and cross-border issues Perhaps the most significant concern for foreign beneficiaries is inheritance tax. In the UK, inheritance tax applies to worldwide assets of individuals who are domiciled in the UK at the time of death. This means that even if a beneficiary lives abroad, they could still be receiving assets subject to UK inheritance tax. However, beneficiaries must also consider tax laws in their own country. Some countries tax the inheritance itself, while others tax the income generated from it. For example, the United States taxes beneficiaries on worldwide income, including foreign inheritances, whereas countries like Germany may impose a progressive inheritance tax based on the relationship to the deceased and the value of the inheritance. Double taxation agreements (DTAs) between the UK and other nations may mitigate or eliminate duplicate taxation, but navigating these treaties can be challenging without professional legal and tax advice. It’s strongly recommended that executors and beneficiaries alike engage international tax advisors, especially when high-value estates or multiple jurisdictions are involved. Currency conversion and asset transfer logistics The practical aspects of transferring assets across borders should not be underestimated. Currency conversion, fluctuating exchange rates, and bank transfer restrictions can all impact the final amount received by a beneficiary. For instance, if an estate in the UK is distributing assets in pounds sterling to a beneficiary in South Africa, the funds will need to be converted and comply with South Africa’s exchange control laws. Some countries require that incoming inheritance funds be reported to central banks or tax authorities, and in extremely restrictive regimes, funds may be delayed or even blocked. Furthermore, assets beyond cash—such as shares, property, or personal items—bring their own logistical challenges. Transferring ownership of foreign shares may require legal restructuring, additional documentation, or approval from regulatory bodies. Properties left to international beneficiaries may need to be sold if the recipient is not allowed to own real estate in the UK or lacks the means to maintain it. Communication and family dynamics Inheriting from abroad often introduces emotional, as well as logistical, complications. Discussions about estate matters can be difficult even among geographically close families; throw in cultural differences, unfamiliar legal systems, and communication delays, and misunderstandings can easily occur. Clear and effective communication is pivotal. Executors should keep foreign beneficiaries well-informed about timelines, requirements, and potential obstacles. Beneficiaries, in turn, should be proactive in understanding their responsibilities and the administrative process. In some cases, engaging a bilingual solicitor or professional translator may aid in reducing confusion and ensuring everyone has a shared understanding of the situation. In blended families or situations with multiple beneficiaries in various countries, transparency is even more essential to avoiding conflict. If possible, the deceased should have explained the reasons for their testamentary decisions while still alive to minimise posthumous tensions. Letters of wishes attached to the will, although not legally binding, can help provide helpful context for distribution decisions. Use of international wills and succession planning tools An international will, while not always necessary, can be a useful tool when beneficiaries or assets span several countries. The Convention Providing a Uniform Law on the Form of an International Will (1973) offers a framework to create wills that are recognisable across jurisdictions that have ratified the treaty. However, not all countries, including the UK, are signatories, and even within compliant countries, local rules may still take precedence. Therefore, the most effective strategy often involves creating a local will compliant with each country where significant assets are held, along