Kent Wills and TrustsCertificate of Excellence 2019
Sittingbourne , KENT(4 Reviews)
Kent Wills and Trusts is an associate of Wills and Trusts protection Ltd who are members of the Society of Will Writers and Estate Planning Practitioners. We are code compliant and adhere to the Code of Practice set out by the Society.
Stephen Ryan (Partner) is also a member of the Master Guild of Will Writers and is registered with the Financial Conduct Authority.
Our areas of practice are :
Professional Will Writing,
Lasting Powers of Attorney,
Property Protection Trusts,
Estate Planning and Business Protection / Succession Planning.
Pre paid funeral plans.
Each Will & Trust drafted is covered by £2 million Professional Indemnity Insurance, so whatever service you choose we guarantee that you’re in safe hands.
Our aim is to provide our customers with effective solutions to leaving a legally protected inheritance to their children and beneficiaries.
We can professionally write your Will and securely store it for you.
Put in place relevant Lasting Powers of Attorney: whether it be for long term Health & Welfare reasons, Property & Financial Affairs or if necessary both.
We will stop your entire home being used to pay Long Term Care costs with a property protection trust if you should lose capacity in the future.
As a certified Funeral Celebrant registered with the National Federation of Funeral Directors we can offer support to grieving families and assist them with funeral arrangements.
Our practice is an official agent for SafeHands funeral plans & Golden Leaves Pre-paid funeral plans. This enables us to advise you on planning your wishes in advance and fixing the costs of a funeral at today’s prices.
Many people are confused when the time comes to start Later Life planning. Therefore, getting professional guidance will ensure that leave your estate financially protected to your family and loved ones.
Although SR Consultancy is based in Kent, we can arrange home appointments throughout London and the South Coast.
Kent Wills and Trusts Reviews
Kent Wills and Trusts
Kent Wills and Trusts Q&A
What do you love most about your job?
I like to meet people from all walks of life. Nearly everyone will have a need for a Will writer and Estate planner at some stage in their lives. Many people, approximately two third die without making a Will! This means that they die Intestate and state decides who gets what! This can cause hardship to the loved ones left behind. Getting professional guidance will help you make the right decision to leaving a legally protected legacy for your loved ones. Therefore, sitting down with people and explaining the benefits of Writing your will and planning your estate for your future generations can be extremely rewarding.
Why should our clients choose you?
We are not a large organisation that pays sales staff salaries. We are a small professional company that has the knowledge and credibility to provide you with the solution to all your Will and estate planning needs. We are members of the Society of Will Writers and adhere to their code of practice, plus each will written is covered up to £2 million indemnity insurance and drafted by a qualified lawyer.
Kent Wills and Trusts Services
Property Protection Trusts
What is a property protection trust? They are important for spouses/partners who jointly own a home and who wish to: Protect their children’s inheritance from the effects of re-marriage following the death of one spouse/partner. Protect the inheritance of children from previous relationships. Protect up to one half of the value of the home from the effects of long term care fees. If you have children from previous relationships and have re married. You need to Protect your own children’s inheritance. You may want to take out a Property Protection Trust. If you don’t your children may loose out on their inheritance! as the family home will transfer entirely to the surviving spouse. Your new spouse may have their own children and would wish to leave everything to them and bypassing your children. How do they work Essential to the working of Property Trust is the way in which you own your home. Most couples own their home as joint tenants. This means that when one of them dies, the home will automatically pass to the survivor. The solution would be to sever the Tenancy on the family home from Joint Tenancy to to be held as Tenants in Common. Property Protection Trust infographic The beneficiaries have access to the trust funds but we ensure that these assets do not enter their estates and so are protected from attack by the following: Marriage After Death – MAD Placing half of the family home and other assets into a Trust on first death ensures that, should the surviving spouse/partner marry in the future, those assets cannot be taken into the marriage and removes the threat of your own children being disinherited. The survivor is still able to use the assets in the trust. Divorce Placing the assets into Trust ensures that, if your children/beneficiaries are subject to divorce proceeding then what you intended them to receive is protected from any divorce settlements. Care Holding the assets in the Trust ensures that they do not add onto the beneficiaries’ own estate and so cannot be assessed for their care costs. Creditors or bankruptcy Similarly, if any of your beneficiaries are subject to creditor claims/bankruptcy then their inheritance would not be exposed to these claims. Further or Generational IHT Holding the assets in the Trust ensures that they do not add to the beneficiaries’ estate and impact on their own Inheritance Tax.
Will Writing Services
What is a Will? A Will is the legal document that sets out family members, individuals and or charities who are to receive your property, assets and possessions once you pass away. These are usually referred to as the beneficiaries. Furthermore, in the provision of your Will you can nominate executors to be responsible for the distribution of your property to the intended beneficiaries. What happens if I die without making a Will? Many people are unaware of what happens if you die without writing a Will. It is called intestate and rules of intestacy will apply. This means that your estate will be divided up according to the law and only certain people will inherit under these rules. This could cause financial hardship and some of your intended beneficiaries may lose out! Why should I use a professional Will Writer? Many people except they are not prepared to write their own will in case their intentions are misinterpreted or they leave out something important, leading to family feuds after they have gone. Professional Will Writers concentrate entirely on aspects of Will Writing and Estate Planning providing an expert service which will provide a legally protected legacy. Wills are constantly being challenged, in each case a ruling has been made to interpret the intended meaning of the wording of the Will. One of the most significant features that sets apart a professionally drafted Will from a homemade Will is that Professional Will Writers create clauses within a Will that have the correct structure and phraseology. These clauses have been accepted in the past and go a long way towards writing a 'watertight' Will that cannot be misinterpreted if contested. Society of will writers members have to have professional indemnity Insurance up to £2 million and have to adhere to the code of practice set out by the society. Furthermore, they have to complete their continual professional development (CPD) to prove they are code compliant. None of us like paperwork A professional will writer makes the process far easier by visit you at home and taking your instruction in person and advising you on all aspects of your will. Then they will come back to oversee the attestation - the signing and witnessing of your will. How do you know that your will writer is a professional? All professional will writers should be members of the Society of Will Writers or Institute of Professional Will Writers. They should always carry their registered identity with them. If you haven't made a will yet and would like some advice or to book an appointment. Just send us a brief message. Although we are based in Kent, we can accommodate appointment throughout the wider South East.
Lasting Powers of Attorney
LASTING POWERS OF ATTORNEY Lasting Powers of Attorneys were created by the Mental Capacity Act 2005 (MCA 2005), which covers England and Wales only. MCA 2005 provides a statutory framework to deal with situations where adults lack "mental capacity" to make decisions for themselves or who have capacity, but want to make preparations for a time when they may lack capacity in the future. A Code of Practice supports the MCA 2005 and provides guidance and information to all those working under the legislation. Certain categories of people are obliged to have regard to the Code of Practice, including attorneys and those acting in a professional capacity, Such as Will Writers and Society of Trusts and Estate Planning Practitioners THERE ARE TWO TYPES OF LASTING POWERS OF ATTORNEY LPA's must be made when the donor has capacity in preparation for when or if they lose capacity. Property and Financial Affairs Lasting Power of Attorney - Property and Financial Affairs The first type is the Property and Affairs LPA which covers decisions about the donor’s financial affairs and their property. These are designed for you to appoint an attorney to make a range of decisions including the buying and selling of your house and other assets, dealing with your tax affairs, operating bank and building society accounts and claiming benefits on your behalf. These can be used at your direction while mentally capable and also by the Attorneys if you lack capacity to make these decisions. Health and Welfare The second type of LPA is the Health and Welfare LPA. This covers decisions about the donor’s personal welfare and health, and can only come into effect after the donor has lost capacity. Attorneys appointed under this document can make decisions relating to your living accommodation and care, consenting to or refusing medical treatment on your behalf, and on day-to-day matters such as diet and dress. This can only be used, however, if you have lost the capacity to make decisions for yourself Lasting Power of Attorney - Health and Welfare What happens if I don't have LPA's in place and lose mental capacity If you lack capacity but have not previously appointed an LPA for Health and Welfare, and there are ongoing decisions that need to be made about your health or care, then someone close to you can apply to the Court of Protection to be appointed as your Deputy. This means that they will have the legal power to make decisions about certain aspects of your personal welfare. Deputies must be over 18 and are usually a family member or friend. The person who wishes to become your Deputy has to make an application to the Court of Protection. If their application is successful the Court will issue a court order that gives them authority to act on your behalf and explains which decisions they are legally allowed to make. It is worth noting, however, that welfare Deputies are appointed relatively rarely. This is because the Mental Capacity Act states that if a serious decision needs to be made about a person’s welfare, then a decision by the Court of Protection is preferable to appointing a Deputy. The Court will limit the Deputy’s decision-making power to specific issues, depending on your needs and the circumstances of the case. This is because the Deputy is appointed after you lose capacity and you therefore haven’t chosen this person yourself. A Deputy can only make a decision that they are authorised by the Court of Protection to make. So, for example, they cannot make a decision about your treatment if the Court has only given them the power to make a decision about your care arrangements. A Deputy must always make decisions in your best interests, and is bound by law to do so. They must also take all steps possible to help you make a decision for yourself if you can. To apply to become a Court Appointed Deputy there is an initial fee of £400. The application is the first part of a longer process. Once the court order is issued there are continuing tasks and responsibilities that the Deputy has to complete. The Office of the Public Guardian will support and supervise decisions that the Deputy makes, and the Deputy will have to submit reports to them on any action or decision that is taken on your behalf. Further fees have to be paid to cover the cost of this supervision. They are as follows: £100 for the Deputy Assessment fee. This is paid once to the Office of the Public Guardian to determine the level of supervision needed. An annual supervision fee of either £35 or £320. The amount will depend on how closely the Deputy needs to be supervised. It is always better to create an LPA before you lose capacity. This is because the process of applying to be a Deputy can be lengthy and costly. The Deputy has to report on all decisions they make, which they would not have to do as an Attorney. Also their decision-making power is limited to certain decisions, and deputies can never be given the power to refuse life-sustaining treatment on your behalf. For more information on Court Appointed Deputies contact Compassion in Dying or the Court of Protection. What if I do not have anyone close to me to be involved in decisions? The Mental Capacity Act created the Independent Mental Capacity Advocate (IMCA) Service to represent people who are unable to make important decisions about their health or welfare and have no family or friends who can be involved in the decision-making process. It is the responsibility of your local authority or NHS organisation to make sure that IMCAs are available to represent people who lack capacity. The person or team responsible for your care (such as your social worker or hospital doctor) has a legal duty to ‘instruct’ (refer you to) an IMCA if: a decision needs to be made about serious medical treatment provided by the NHS; or it is proposed that you have a long-term stay in a care home (for longer than eight weeks) or in hospital (for longer than 28 days); or it is proposed that you move to different accommodation on a long-term basis;
Pre Paid Funeral Plans
WHAT IS A FUNERAL PLAN A funeral plan is a way of paying for your funeral at today's prices. It is not an investment plan therefore, there is no cash in value, you are effectively paying for a funeral service in advance rather than seeking to earn a return on your investment. WHAT ARE THE BENEFITS OF TAKING OUT A FUNERAL PLAN The main benefit of a funeral plan is cost! None of us know how much our own funeral will cost when our turn comes. However, what we do know is that the prices are rising significantly around £200 - £300 per year so being able to fix the cost at today's prices is a great benefit. By taking out a plan now you have the reassurance of not putting a financial burden on your family at a difficult time. Another good reason to take out a funeral plan is choice. You can plan your wishes in advance making sure you receive the funeral you want and not a service that someone else decides for you. HOW DO THEY WORK You can either pay in full or in instalments over a number of years, usually 1-10 years to the plan provider who invests the money in a trust fund with independent trustees. or you can take out a fixed monthly payment funeral plan, these are an insurance backed policy which is then used to pay for the funeral when ever it may be. WHAT IS INCLUDED IN A PLAN There are funeral plans to fit all budgets and requirements. We are official intermediaries for Golden Leaves and SafeHands funeral plans. please use the link below to see a comparison guide of the UK's top providers. You can also see what is included in each plan
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