Some aspects of Wills are obvious; some are less obvious given the passage of time. People often make Wills and then do not make further Wills for 20 or 25 years. Lots can change. There is a danger of your wishes being undermined by events.
Gifts of Bank Accounts and Shares
If you had made a Will in 1985 and given all your Woolwich accounts to James. This gift would be ‘adeemed’. Woolwich does not exist and even if the money in these accounts were transferred to Barclays, the gift is likely to lapse. Shares have a similar problem as companies are constantly amalgamating and sometimes dividing. It is often better to give specific amounts of money or shares of an estate. If you give specific amounts of money, it is even possible to ‘inflation-proof’ it by linking it to the consumer or retail price index. If you give shares of an estate to a beneficiary, the share of the estate remains, whether your estate at death is big or small.
Gifts of Houses
These can be particularly dangerous: “I GIVE 5 Orchard Drive to Jack”. What if you sold 5 Orchard Drive and moved into another house? What if 5 Orchard Drive was sold to pay for care costs? These gifts framed in this way, are generally worth avoiding, as they can seriously distort a will: “I GIVE 5 Orchard Drive to my only son Jack and the rest of my estate to my only grandchild Jane”. If you do not own 5 Orchard Drive at your death, Jack gets nothing, Jane gets everything. What if Jack and Jane are estranged? What if this mess cannot be sorted out?
If you do not have a minor gift (mentioned in a Will) when you die, you cannot give it away in your Will. This may not matter. If you have given Uncle Bert’s clock to Jack before you died, it does not matter that you put in your will that Jack was going to get the clock. It has been done. Nevertheless, care is needed in giving items away in a Will.
Inevitably – we would recommend that you receive professional advice in making Wills. They are not always straightforward.
We would like to say a big thank you to the following people, volunteers and local businesses for their time, support and generosity in donating prizes for our Family Fun Day.
Creation Station – Rebecca Dickinson
Faversham Kebab House
Lilac Leopard Face Painting – Glitter Tattoos
Meadow Reiki of Faversham
Mobile Phone Shop
Nails by Kerry
Pietro Bottone – Face painter
Staff and customers of The Vaults
Staff at Tassells
The Stationary Shoppe
The Wheatsheaf, Whitstable
The White Lion, Selling
The Wright Cut
Ursula Ellis – Holistic Practitioner
Volunteers from the Pilgrims Hospice (Marjorie & Gywn)
West Faversham Community Centre
Whites of Kent
And last, but never least, a big thank you to all of you for attending and supporting such a worthy cause.
The total amount raised will be posted once all donations are received.
The purpose of the procedure is to attempt to resolve outstanding debts without the need to go to Court. Early engagement and communication between the parties is essential.
The new rules will apply to any creditor business seeking to recover payment of a debt from an individual or sole trader and it does not apply to business-to-business debts. The debtors should be provided with sufficient information by way of a letter to enable them to obtain advice on their position prior to issuing a claim and an up to date statement of account and a copy of the Information Sheet and Reply Form and A Financial Statement Form.
Businesses will need to ensure that their current pre-action processes and systems for debts owed by individuals and sole traders are reviewed and made compliant with the new procedure by 1 October 2017. Business will need to ensure better preservation and storage of relevant documents in their systems. Given the new 30 day period for response by a debtor, debt recovery is set to become a slower process. This will add further frustration to businesses. It is also, with the additional documentation that needs to be provided, likely to become more burdensome in terms of processes and consequently more expensive.