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Types of Will

Types of Will

There are more types of Will than you might think. Below you'll find brief descriptions of the various Wills which may be what you are looking for.

Single and Mirror Wills

Single Wills are designed for one person, whereas Mirror Wills are for couples who have similar or identical wishes. Mirror Wills can be issued to couples who are married, unmarried or in a civil partnership.

Through Single or Mirror Wills you will be able to elect Executors to manage your estate, appoint Guardians for children and give details of who you wish to receive specific possessions. You can also set out any wishes regarding donations to charities or funeral arrangements.

Property Trust Wills

Property Trust Wills are geared towards those with a particular interest in protecting the value of a property for future generations. The advantage of this type of Will is that the value of the property will not be diminished by care fees and can be protected to pass on in its entirety to children after the remaining survivor of a marriage dies. This type of Will may be of interest to couples who don't want their house to be sold to pay for possible residential care for the surviving partner.

Flexible Interest Trust Wills

Similarly to Property Trust Wills, Flexible Interest Trust Wills cater for those with property, but also to those with large savings. It allows one to use the income generated by one's investments to support another person (such as a surviving spouse) until their death, while protecting the capital value of those investments for future generations. As with the Property Trust Will, it also protects the estate from being eroded by care home fees.

Discretionary Trust Wills

As well as all the features of a regular Will, a Discretionary Trust Will helps to safeguard the inheritance of vulnerable loved ones through the appointment of Trustees, who will act on their behalf. This can give you the peace of mind of knowing that these vulnerable loved ones will be given adequate assistance in receiving their share of your estate from people whom you trust as a Trustee.

Vulnerable beneficiaries who could be helped in this way are:

  • Those who are mentally or physically incapable of managing their own affairs
  • Those who are in debt or struggling financially
  • Those with disability whose entitlement to state benefits may be jeopardised by receiving inheritance

Living Will

A Living Will is a means of declaring what you want to be done regarding medical treatment if your health should deteriorate to the point where you can no longer express your wishes.  A Living Will gives you and your family the peace of mind of knowing that you will be treated in a way that you would approve of. When questioning life-sustaining treatment, you can reject its use through a Living Will. Such refusal of treatment is legally binding, but requests for specific treatment or therapy are not.

Nevertheless, it can still give guidance and reassure families that the Will maker is willing to try anything to extend their life and that they are not prolonging the life of the sufferer against his or her wishes.

Lasting Power of Attorney

A Lasting Power of Attorney (formerly known as Enduring Power of Attorney) is a legal document through which you can invest others (attorneys, not necessarily solicitors) with the authority to handle your financial matters on your behalf. These are useful when somebody feels they no longer have adequate mental or physical capacity to make crucial decisions or when someone is stationed abroad and too distant to properly manage their financial dealings. As the name suggests, the validity of the document persists even when the issuer of the Power of Attorney becomes unable to make decisions for themselves.

If not given the legal green light through a Lasting Power of Attorney, your relatives may find it very difficult to deal with your financial affairs if your health starts to deteriorate.