Things you need to consider when

making or updating your Will

Your guide to making your Will

A message from Sir Tony Robinson

Making or updating your Will form

Executors’ guide booklet

Intentions contact form

If you’re over 55, chances are you’ll know someone with dementia, and perhaps like me you’ve also suffered a personal tragedy because of this cruel condition.

When dementia took my Mum and Dad from me I made a pledge that I didn’t want my grandchildren to fear going the same way, so I’m leaving a gift in my Will to Alzheimer’s Society.

I have seen some of the research the charity is doing and significant breakthroughs now seem to be within their grasp.

I also know their local support services are a godsend for people with dementia and their carers.

But what I didn’t appreciate was just how much Alzheimer’s Society depends on the generosity of friends and supporters like you.

One of the most important ways to help this brilliant charity is to remember them in your Will. No matter the size of your gift, it has the potential to help end the misery of dementia for good. What a truly wonderful thought that is.

I want to leave a dementia-free future when I’m gone, please consider joining me in leaving a gift in your Will to Alzheimer’s Society.

All the best,

Sir Tony Robinson Alzheimer’s Society Ambassador

My Mum and Dad

How gifts in Wills directly help people and servicesMichael has fronto temporal dementia and attends The Limes, an Alzheimer’s Society day support service in Bristol. Clients like Michael can choose from tai chi sessions, walking, gardening, drum therapy, Singing for the Brain sessions and taking part in quizzes.

This project has been supporting younger people with dementia and their families for the last 14 years, and was made possible by a legacy.

Jean from Eastbourne, just 52, has dementia, which places daily strain on her family. Fortunately, thanks to a legacy, we were able to open the Sea Haven Club in Eastbourne, a special centre for younger people with dementia.

What’s more - again thanks to legacy gifts - Jean and her fellow members can enjoy group trips out in our wheelchair-adapted minibus.

Why your support is neededDementia devastates lives. By 2021, one million people will be living with the condition. But dementia won’t win. Until the day we find a cure, Alzheimer’s Society will be here for everyone affected by dementia - wherever they are, whatever they’re going through. Everything we do is informed and inspired by people affected by dementia.

We are the UK’s leading dementia charity. Every day, we work tirelessly to find new treatments and, ultimately, a cure for dementia. We provide expert information, training, and support services to all those who need our help. And we are creating a more dementia-friendly society so people with the condition can live without fear and prejudice.

We have a long term plan to revolutionise the fight against dementia, by vastly increasing research, support and social movement. Without your kindness our plan would not be possible.

By including us in your Will you are helping us strive to create a better world for everyone affected by dementia.

.…and researchAlzheimer’s Society is playing a lead role in the UK Dementia Research Institute, providing £50 million in funding and connecting the work of researchers and medical professionals with the experiences of people living with dementia. This will help to transform research findings into real changes for the diagnosis, treatment, care and prevention of dementia.

Opening in 2018, the Institute has been backed by £150m of government investment. It will bring together scientists and experts from across the globe to transform dementia research and firmly secure the UK’s reputation as a world leader in research and development against dementia.

The Institute will be headed by Professor Bart De Strooper, have a central hub with a network of regional centres and is expected to engage hundreds of researchers. Its focus will include innovative research into the development and progression of dementia, and to improve care and public health strategies to reduce the risk of dementia for future generations.

This booklet will help you when making or updating your Will with your solicitor.

Simply print this booklet, complete the sections that are relevant to you and take it with you when meeting your solicitor, together with your existing Will (or a copy) if you have one.

alzheimers.org.uk

Making or updating your Will

Making or updating your Will form

Download your Will guide

A message from Sir Tony Robinson

Executors’ guide booklet

Intentions contact form

Personal detailsAlzheimer’s Society recommends using a solicitor to write or update your Will.*

Name:

Address:

Date of birth:

Marital status: married / civil partnership single divorced widowed

Is the Will to be made in contemplation of marriage / civil partnership? yes no

Have you been married / in a civil partnership before? yes no

Are there any children from previous relationships? yes no

Enter all children’s details below:

Name:

Address:

Date of birth:

Name:

Address:

Date of birth:

Name:

Address:

Date of birth:

* With Alzheimer’s Society Will to Remember scheme you can choose an Alzheimer’s Society approved local solicitor and receive up to £150 off* the cost of making or updating your Will.

To find your nearest Alzheimer’s Society approved solicitor visit alzheimers.org.uk/willtoremember call 0370 011 0290 or email wills@alzheimers.org.uk

Please use separate paper if necessary.

Working out what you’ve got to leaveWhen you add everything up, you may be surprised by just how much your estate is worth. Completing this section will give you a good idea of the approximate value of your estate. Use today’s values. Don’t worry if it seems complicated, your solicitor can help.What you own (assets)

Property or share of property

Main homeSecond home

Holiday propertyInvestment property

££££

Savings

Bank accountsBuilding Society accounts

ISANational savings

Other

£££££

Investments

Stocks and sharesPEPs

Unit or Investment TrustsOther

££££

Insurance

Life assuranceEndowments

Pension death benefitsAny lump sum death benefits

Other

£££££

Personal possessions

Furniture, household contentsJewellery, valuable possessions

VehiclesOther

£ £££

Any other assets, income from trusts etc (list)

£££

Total assets £

2 Your guide to making your Will Your guide to making your Will 3

What you owe (liabilities)

Mortgage £Bank loans £Overdraft £

Hire purchase £Credit cards £

Other £Other £

Total liabilities £

Subtracting what you owe from what you own will give an approximate value of your estate.

Total assets £Less total liabilities £Value of your estate £

Appointing executorsExecutors are the people who will carry out the instructions in your Will. If your arrangements are uncomplicated, only one executor may be required, but it is a good idea to name two. If a minor or a life interest is involved, and trusts are to be formed, two executors and/or trustees are essential.

Your executors could be relatives, close friends or a solicitor. An executor can be a witness to your Will, but only if they are not a beneficiary. You should ask the person before naming them in your Will, as acting as an executor is a serious obligation.

For a fuller explanation see our executors guide including glossary of terms.

My executor(s)Name: Name:

Address: Address:

Tel: Tel:

Relationship to you: Relationship to you:

A guardian for your childrenIf you have children under 18, you should choose a guardian who is willing and able to take parental responsibility. Of course, it is essential to ask whoever you name here.

Name: Name:

Address: Address:

Tel: Tel:

Relationship to children: Relationship to children:

Funeral directionIf you have specific wishes about your funeral, you can make things much easier for those close to you by stating these wishes clearly in your Will. For instance, you may prefer to be cremated and may have somewhere special in mind for your ashes to be scattered. You may prefer to have donations made to a favourite cause in place of flowers.

It might be upsetting to think of these details now, but it could save much heartache for your family and friends when you are gone.

Specific wishes:

Please use separate paper if necessary.

4 Your guide to making your Will Your guide to making your Will 5

Please use separate paper if necessary. Please use separate paper if necessary.

Deciding who you’d like to rememberThis section helps you decide who you would like to include in your Will and what you’d like to leave them. If there is not enough room here to list all your beneficiaries and gifts, simply carry on in the same way on an additional sheet.

Leaving a legacyUse the boxes below to detail any specific or monetary bequests you wish to make.A pecuniary bequest is a gift of a fixed sum of money.A specific bequest is a gift of a particular item - for example, a ring or a house.A reversionary bequest is a gift of property or possessions left to someone for the rest of their life, which is then passed on to someone else.

Pecuniary, specific or reversionary bequest (indicate which)

Who you want to leave it to, and contact details

What you want to leave

Where can it be found?

Pecuniary, specific or reversionary bequest

Who you want to leave it to, and contact details

What you want to leave

Where can it be found?

Pecuniary, specific or reversionary bequest

Who you want to leave it to, and contact details

What you want to leave

Where can it be found?

Residuary estateAfter legacies, taxes, funeral expenses, etc, have been paid, what’s left of your estate is called the residuary. Once you’ve provided for family and friends you may wish to think about leaving a residuary bequest in your Will to a favourite charity.

Name of beneficiary:

Name of beneficiary:

Address of beneficiary:

Address of beneficiary:

Share of your estate:

Share of your estate:

It is a good idea to name alternative beneficiaries (for example, if a beneficiary dies before you, or before your Will is read). You might wish to consider naming a charity as an alternative beneficiary.

Alternative beneficiariesIf you are kindly considering leaving a gift to Alzheimer’s Society your solicitor will require our registered charity number: 296645 and registered address: Alzheimer’s Society, 43-44 Crutched Friars, London EC3N 2AE to ensure your gift goes to the right place.

Name Name

Address: Address:

Caring for petsIf you have pets you will want to know that they have been taken care of when you die. If a friend or relative is willing to look after them, name the person here.

Name Name

Address: Address:

Tel Tel

6 Your guide to making your Will Your guide to making your Will 7

Executors’ guide

Executors’ guide booklet

A brief guide to what an executor

needs to know Download your executors’ guide

A message from Sir Tony Robinson

Making or updating your Will form

Intentions contact form

What is an executor?An executor is the person who is charged with dealing with the finances and possessions of the deceased as stated in their Will. These finances and possessions are collectively known as the Estate. The executor has the legal authority and responsibility to administer the estate.

Who can be an executor?You can act as an executor even if you stand to inherit something from the Will. The person making the Will can appoint up to four executors (the standard is two), so you may be sharing the responsibility with others. A witness to the Will can also be an executor, but a witness cannot be a beneficiary of the Will.

Why me?If you have been asked to be an executor, you will have been named as such in the Will of the deceased. Where there is no Will, the position of ‘Administrator’ is determined in accordance with a strict legal order of priority that applies to the next of kin of the deceased, following what are called the Rules of Intestacy.

Can I decline to be an executor?To be named as an executor to a Will, you should have been asked and have agreed to take on the responsibilities of executor. However you can rescind your agreement providing you make the decision before any work has started. Anyone named as executor including any professional organisations can decide not to administer the estate of the deceased. By renouncing their entitlement they are not named on the Grant of Probate. You can also have what’s called ‘Power Reserved’ so that you’re ‘in the background’ should you need to come back and start acting as executor, e.g. where the executor who has taken out the Grant is no longer able to act.

Can I change my mind?If you have accepted the role but change your mind, talk to the person who has appointed you about your decision as they’ll need to change their Will. If you change your mind after the person has died, write to the Probate Registry to tell them you no longer want to be an executor. You will then need to fill out a formal document called a form or Deed of Renunciation. Note however, that you can only make this decision immediately after the death of the person who has appointed you as their executor and must not have dealt with their estate in any way before you sign the renunciation. Once you have started dealing with the estate you cannot then resign as executor.

Questions and answers

2 Your guide to making your Will Your guide to making your Will 3

What’s involved in being an executor?Executors are responsible for administering the property and possessions of the deceased in line with their wishes and the law. They are responsible for everything they do, or fail to do, in relation to the estate. This responsibility lasts for the duration of the Administration of the estate and, in many cases, any ongoing Trust created.

Specifically executors need to:¾ identify and collect all assets and money due to the deceased’s estate

(including any property)

¾ pay any outstanding taxes and debts (including any property)

¾ distribute the estate to the people who are entitled to it under the terms of the Will or under the Intestacy Rules

¾ make sure all the property owned by the deceased person is kept safe and secure as soon as possible after their death.

The precise duties fall under the following three areas:

Legal¾ Applying to and attending a local Court to apply for Grant of

Representation. This is known as the Grant of Probate. You can ask your solicitor to deal with this for you.

¾ It’s worthwhile obtaining copies of the certified entry of death and the Will from the Registrar of Births, Deaths and Marriages, as photocopies for legal purposes are not usually accepted.

¾ Identifying and dealing with any claims against the estate.

Tax¾ Completion and submission of Inheritance Tax returns and payment

of any Inheritance Tax.

¾ Completion of any necessary Income and Capital Gains Tax returns and payment of any outstanding tax.

Administration¾ Notification and correspondence with all relevant organisations in order

to gather all assets and pay all debts and charges on the estate. Note that funeral expenses are usually the first thing to be paid out and can be arranged before grant of probate.

¾ Search for unclaimed or missing assets.

¾ Prepare and distribute estate accounts to residuary beneficiaries.

¾ Correctly distributing the estate to the beneficiaries; solicitors and other advisers can also help you to carry out your role as an executor. You can find a solicitor who specialises in this and other areas by visiting The Law Society website in England and Wales, or The Law Society of Northern Ireland. See useful contacts on page 8.

4 Your guide to making your Will Your guide to making your Will 5

Questions and answers

Will it cost me time or money?You need to think carefully before accepting the role of executor as it can and does commit you to spend time liaising with debtors and solicitors where appointed of the deceased. You can however claim reasonable expenses for this work. Note you do not need to use the solicitor who drew up the Will of the deceased.

Will I be legally bound or responsible for the Will?An executor can be held personally liable for any loss resulting from a breach of their duty – even if the mistake is made in good faith.

Examples include:¾ failure to pay the debts and liabilities of the deceased.¾ failure to settle the affairs of the deceased relating to:

Inheritance Tax, Income Tax and Capital Gains Tax. Most estates do not have to pay IHT as they are below the threshold, which is presently £325,000.

¾ failure to settle any claim against the estate.¾ failure to identify and correctly distribute assets to the beneficiaries

(including those initially not known about).

Disappointed beneficiaries have up to six months to make a claim after issuing the Grant of Probate while creditors’ owed money by the deceased can potentially make a claim against the personal representative for up to 12 years after the death.

6 Your guide to making your Will

Questions and answers

Tell Us OnceA service available in most local authorities across England, Wales and Scotland, which allows you to tell the government just once about a person’s death in order for their documents to be cancelled and benefits to be stopped.

www.gov.uk/tell-us-once (not available in Northern Ireland)

Probate ServiceIn England and Wales there are regional Probate Service offices. To locate yours please consult your solicitor or local government office.

For more information and advice on dealing with an estate:

Tel: 0300 123 1072 www.justice.gov.uk/courts/probate

Law Society of England and WalesRepresentative body for solicitors in England and Wales. Contact them or use the “find a solicitor” search tool on their website to find a solicitor.

www.lawsociety.org.uk Tel: 020 7242 1222

Law Society of Northern Ireland Tel: 028 9023 1614 www.lawsoc-ni.org

HM Revenue and Customs (HMRC)For information about taxes, including Income Tax and Capital Gains Tax, visit the HMRC website. www.hmrc.gov.uk

There is also a national Probate and Inheritance Tax Helpline for general information about dealing with taxes on an estate. Tel: 0300 123 1072

Citizens Advice BureauNational network of advice centres offering free, confidential, independent advice, face to face or by telephone. – for details of your local Citizens Advice visit

www.citizensadvice.org.uk for England, Waleswww.citizensadvice.co.uk for Northern Irelandwww.cas.org.uk for Scotland

Alternatively call¾ for England call 03444 111 444.¾ for Wales call 03444 77 20 20.¾ for Northern Ireland call 0300 123 3233.¾ for Scotland call 0808 800 9060.¾ TextRelay users should call 03444 111 445.

In Northern Ireland, contact: Probate Office Royal Courts of Justice PO Box 410 Chichester Street, Belfast BT1 3JF

Tel: 028 9072 4678 www.courtsni.gov.uk

8 Your guide to making your Will Your guide to making your Will 9

Useful contacts

your finances. Lasting POA can be set up to continue to be valid should there come a time when you lack mental capacity and are no longer able to make your own decisions. For a detailed fact sheet on POA visit alzheimers.org.uk and search for POA.

Different terms and regulations apply in Northern Ireland. Visit www.lawsoc-ni.org for more information.

Probate - A legal document that gives you the right to sort out the affairs of someone who has died and left a Will.

Probate Registry - The body responsible for the administration of grants of probate and grants of letters of administration.

Residuary bequest - A gift of what remains of your estate after paying all other bequests and costs.

Residue - The sum left from an estate when all debts, charges and gifts are deducted.

Reversionary bequest - A gift of property or possessions left to someone for the rest of their life (a life tenant), which is then passed onto someone else. Also known as ‘Life interests’ or ‘Interests in possession’.

Reversionary beneficiary - A person who receives a gift after the life tenant’s death (or at some other determinable event).

Specific request - A gift of a particular item, such as an item of jewellery or property.

Trusts - A Trust is where someone (or more than one person) holds money or property on behalf of someone else (called the beneficiary). For example, when the beneficiary is a minor.

Will - A legal document drawn up and signed in the prescribed form, stating how you wish your estate to be distributed after your death.

Beneficiary - A person or organisation that will receive a gift in your Will.

Bequest or Legacy - A gift to an individual or organisation in your Will.

Codicil - An amendment or addition to your existing Will.

Estate - Your possessions, property and money.

Executor - A responsible person (preferably two) chosen, usually from family or friends, by the person making a Will, who will sort out their affairs and carry out the instructions in their Will after their death.

Inheritance tax - All estates are required to be assessed for inheritance tax. The Inheritance Tax threshold is presently set at £325,000. Tax is payable at 40% on the amount over the threshold. From 6 April 2012 people who leave 10 per cent or more of their net estate to charity are entitled to pay a reduced rate of Inheritance Tax of 36%.

Intestate - The state of dying without a Will.

Letters of Administration - Where a person dies without making a valid Will, administrators will apply for a grant of letters of administration which confers on the administrators the right to administer the estate. If the deceased made a Will but no executors were appointed or those who were appointed are not able or willing to act, administrators will apply for a grant of letters of administration with the Will annexed. This also confers the right to administer the estate.

Pecuniary bequest - A gift of a fixed specific sum of money.

Power of Attorney - A Power of Attorney (POA) is a legal document which allows someone to make decisions on your behalf during your lifetime.

There are two types: Ordinary and Lasting POA. Ordinary POA gives someone else authority to act on your (the donor’s) behalf. It is only valid while you still have mental capacity to make your own decisions about

10 Your guide to making your Will Your guide to making your Will 11

Glossary of legal terms

Intentions contact

formAccess intentions form online

Intentions contact form

Download your intentions form

A message from Sir Tony Robinson

Making or updating your Will form

Executors’ guide booklet

If you are considering leaving a gift in your Will to help people with dementia, please let us know your intentions.

Thank you for thinking about leaving a gift in your Will to help people with dementia.

It is extremely helpful for us to know of your intentions, and will enable us to thank you and keep you informed about our work. Any information you provide will be treated in the strictest confidence and is not legally binding.

I have already remembered Alzheimer’s Society in my Will.

I intend to remember Alzheimer’s Society in my Will. Please arrange for my local Alzheimer’s Society Legacy Officer to contact me.

Please send this form to: Alzheimer’s Society Legacy Team 43-44 Crutched Friars London EC3N 2AE

Name

Address

Postcode

Telephone

Email

If you would like any further assistance or information, please call us on0370 011 0290 or email legacies@alzheimers.org.uk

Alzheimer’s Society would like to contact you about our activities, including fundraising, campaigning, services, research and volunteering. Please indicate if you are happy for us to contact you by:

Email Phone SMS

Please do not send me any more mail.

Alternatively you can call Customer Care on 0330 333 0804 to update your preferences.

We will not sell your information to any third party.

Let us know your intentions online

Intentions form

Download your intentions form

0370 011 0290 legacies@alzheimers.org.uk

Alzheimer’s Society 43-44 Crutched Friars London EC3N 2AE

alzheimers.org.uk/legacies

Help us create a dementia-free futureYour legacy gift could help us:

¾ fund scientists to pursue vital research projects

¾ fund our services to support local communities

¾ help carers by providing day, home and respite care

¾ provide training for health and care professionals

¾ campaign for the rights of people with dementia

Registered charity no. 296645. A company limited by guarantee and registered in England no. 2115499. Alzheimer’s Society operates in England, Wales and Northern Ireland.