Z134 Your Questions Answered

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  • 7/29/2019 Z134 Your Questions Answered

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    11

    Why should I make a Will?

    If you dont make a Will you dieintestate [see Jargon Buster], whichwould mean that only your nearest family would benet. However,

    the division between your close family under the intestacy rules

    may not be what you would have wanted and other family

    members, friends and favourite causes you might want to

    remember would receive nothing. It could also lead to an

    unwanted and avoidable tax bill on your death.

    I would consider a legacy to the BHF, but I

    dont want my family and friends to miss out.

    What should I do?

    Of course, family and friends come rst. All we ask is that you

    consider leaving us a share of whatever is left in your estate once

    all your specic wishes have been carried out. There are also tax

    advantages of leaving a legacy to charity (see What are the tax

    implications? on the opposite page).

    I know I ought to have a Will, but isnt it very

    complicated?Not at all, and if youre just making a very simple change to yourWill,

    it can be even more straightforward by adding a codicil to your

    original Will rather than redrafting it completely. The more you can

    plan upfront the better, which is why weve enclosed the Handy

    HintsandMy Will Checklistbooklets at the back of this guide.

    What about the law in other parts of the UK?

    The inheritance law is the same in England and Wales. However,

    some important aspects dier in Scotland, Northern Ireland, the

    Channel Islands and the Isle of Man. A solicitor or legal adviserwith knowledge of those jurisdictions can help you if this is a

    relevant issue.

    Your questions

  • 7/29/2019 Z134 Your Questions Answered

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    12

    What is the legal wording for leaving a gift

    to the BHF?We cannot say for certain because that depends on the nature of

    the gift. Your solicitor or legal adviser can advise you on correct

    wording but please ensure that it includes our full name British

    Heart Foundation, our address 14 Fitzhardinge Street, London,

    W1H 6DH, and our Registered Charity Number 225971.

    When should I make or change my Will?

    Its a good to review your Will with a solicitor or legal adviser to

    reect births, deaths or separations in your family or major changes

    in your own circumstances. In particular, if you get married your lastWill is automatically cancelled and on a divorce your ex-spouse will

    be treated as if he/she has died. There might be a considerable

    change in your nancial circumstances, such as a large increase or

    decrease in the value of a property you own, or you may be the

    beneciary of a Will yourself. Changes in laws such as inheritance tax

    are important to look out for, or you may just decide youd like to

    include another beneciary or charity in an existing Will.

    What are the tax implications?

    If your estate exceedsthe InheritanceTax threshold, you may be liablefor the inheritance tax on the amount by which it exceeds the

    threshold, unless youre able to reduce theamount payable by the use

    of tax reliefs.

    The threshold for the year 2007-08 is 300,000, rising to 312,000 in

    2008-09, and 325,000 for 2009-10. However, because legacies to

    charity are generally exempt from inheritance tax, your estate wouldonly be liable to the extent which its value exceeded the threshold

    minus the value of any gifts to charities such as the BHF and any

    other exemptions. Tax is a complex issue and if your estate is likely to

    be worth more than the threshold and you are interested in

    keeping your tax bill as low as possible on your death you should

    seriously consider getting legal assistance in preparing your Will.

    We also have various exemptions from capital gains and income

    tax. So, a legacy to the BHF could help to signicantly reduce or

    eliminate the tax burden on your estate. Overleaf youll nd more

    information on Inheritance Tax and how to keep your liability as

    low as possible.

    I am happy with my Will, but I want to add a

    gift to the BHF. What do I do?

    Ask your solicitor or legal adviser to draw up a codicil a simple

    legal addition to your existing Will. If your question isnt answered

    here, your solicitor or legal adviser will be able to help you.

    Or, you can call our Legacy Department on 020 7487 7194.

    nswered