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Will writing Charity

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Will writing Charity

Old 28th Nov 2020, 14:51
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Will writing Charity

Plan to get a new will. Considered Salvation Army offer. Then considered
SSAFA and other service charities. Anyone tried and can report back ?
I have not that much in assets, but do have dual citizenship, overseas
property and bank accounts. Advice appreciated, John
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Old 28th Nov 2020, 17:04
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My suggestion is do not consider writing a will and the idea that charity should benefit from your will drafting exercise, simultaneously.

Prior to draft be clear within your own mind, the result that you want. Then use the nearest 'wills specialist' solicitor in face to face interview(s) (covid or not) to achieve that result.

Separately deal with any wishes that you have to contribute to charity
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Old 28th Nov 2020, 17:36
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Does the 2016 EU 'permission' for UK Wills to be accepted in EU countries still apply after Brexit? (Serious question, don't know the answer.)
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Old 28th Nov 2020, 19:21
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Will, tried, report back?
Per
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Old 29th Nov 2020, 00:46
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If you want a basic will, a solicitor in the UK shouldn't charge more than a couple of hundred pounds. Of course, if you want to do something complicated, then the cost will go up
Unless you wanr *everything* to go to the Salvation Army, keep the roles of beneficiary and will-drafter separate - there is a very good reason as to why the legal system in most countries take great care to separate conflicts of interest

Last edited by davidjohnson6; 29th Nov 2020 at 00:59.
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Old 29th Nov 2020, 17:57
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Interesting article in The Times today about how the survivor can re-write "mirror" wills. It says get a "Mutual" will instead.
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Old 30th Nov 2020, 11:43
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In Scotland the beneficiary can change the will. I know, been there - done that.
Saved a lot of money. I believe may also be the case in England.
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Old 30th Nov 2020, 12:52
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In Scotland the beneficiary can change the will. I know, been there - done that.
Saved a lot of money. I believe may also be the case in England.
Yes, a "Deed of Covenant" - but all beneficiaries have to agree.
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Old 30th Nov 2020, 13:11
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All beneficiaries of the Original will need to agree to the Deed of Covenant, if the Will was a Mutual will.
For Mirror wills, if one person inherits without restraint, they can re-write the Will. For instance - in favour of a second family.

That's why "Life Interest" can be important. Problem with that is that the solicitors want to be Executors.....................
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Old 30th Nov 2020, 14:01
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Originally Posted by Alsacienne View Post
Does the 2016 EU 'permission' for UK Wills to be accepted in EU countries still apply after Brexit? (Serious question, don't know the answer.)
Yes is the short answer.
The UK (and RoI) opted out, but this simply means that you cannot elect for foreign inheritance law to apply to British assets.
As you will doubtless be aware, the other thing to bear in mind is that (IIRC), the agreement that recognises the validity of UK wills abroad is the Hague convention of 1961: what I understand the 2015 EU regulation primarily did was to allow foreign-made wills to over-rule national rules on how estates were distributed, in terms of who received what.
For those in the UK, this doesn't mean much whereas in France, where there are reserved inheritors who by law are entitled to a specific share of the estate (eg spouse, children), the 2015 EU regulation means that a foreign will can determine the split between inheritors and indeed disinherit people who might otherwise be reserved inheritors under French law. Previously, my understanding was that a UK will could really only deal with the residuary part of the French estate, ie the bit left when reserved inheritors had been given their legal share.
The important caveat as always in France and elsewhere where there may be the concept of reserved inheritors, is that neither the 1961 Hague convention on will validity nor the 2015 EU regulation affect the TAXATION of the estate that is located in a particular country, only how the assets are distributed.

Re the OP: the "free" charity-provided will-writing services that I have seen tend to be extremely limited in their capabilities: cross-border wills are WAY beyond their competence. There is something to be said for separate (though complementary) wills in each jurisdiction - but that again needs to be done very carefully, especially to prevent wills invalidating each other.
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Old 30th Nov 2020, 14:44
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Originally Posted by radar101 View Post
Yes, a "Deed of Covenant" - but all beneficiaries have to agree.
Surely this should be "Deed of Variation"
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Old 30th Nov 2020, 16:50
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Thanks PBW !
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