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Life Interest Wills vs. Simple Wills: Understanding the Key Differences



When it comes to estate planning, making informed decisions is crucial. Two common types of wills are the life interest will and the simple will. In this blog post, we’ll explore the differences between these two approaches and shed light on why you might choose one over the other. As your trusted legal advisors at MDW Solicitors, we’re here to guide you through the intricacies of estate planning.


Life Interest Wills

1 Purpose and Function:

  • A life interest will aims to strike a balance between the interests of surviving spouses and other beneficiaries.

  • It often involves shared assets, such as the family home.

  • The surviving spouse (the life tenant) receives specific rights:

  • Income: They can receive income generated by trust assets.

  • Use of Property: They can continue living in the property during their lifetime.

  • Upon the life tenant’s passing, the assets (the “life interest”) transfer to named beneficiaries (usually children).

2 Advantages:

  • Financial Security: The surviving spouse has a home to live in without outright ownership.

  • Control: You decide where your assets ultimately go.

  • Asset Protection: Sideways disinheritance is avoided.

  • Mitigation of Inheritance Tax (IHT): Properly structured trusts can reduce IHT liability.

  • Protection Against Remarriage: Prevents unintended consequences in second marriages.

  • Disadvantages:

  • The surviving spouse doesn’t inherit the deceased’s share outright; they only have the right to live in it.

Simple Wills

1 Purpose and Function:

  • A simple will is straightforward and suitable for uncomplicated estates.

  • It includes:

  • Naming an executor.

  • Listing assets and beneficiaries.

  • Describing how to distribute them.

2 Advantages:

  • Simplicity: Easy to execute.

  • Suitable for smaller estates.

Why Choose MDW Solicitors?

Specialisation in Probate and Estate Matters:

  • Our team focuses on probate, wills, and estate planning.

  • Led by Debra Williamson, TEP (a highly experienced solicitor), we offer expertise tailored to your unique situation.

Expertise and Personalised Guidance:

  • Probate can be complex and emotional.

  • We provide compassionate support during this difficult time.

  • Our legal expertise ensures your interests are protected.


Whether you opt for a life interest will or a simple will, MDW Solicitors is here to assist you. Contact us today to discuss your specific requirements and secure your family’s future.


For expert legal advice and personalized services, reach out to MDW Solicitors at 01753 299466 or visit our website: www.mdwsolicitors.com

 

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