Your Will

For inheritance planning, just having a Will may not be enough to ensure a smooth succession of assets. 

Making a Will is a solid start when it comes to putting your affairs in order. But a Will has its limits. It has to go through the probate procedure – a legal process in which a court confirms the validity of the Will and oversees the distribution of assets. The probate procedure can be slow, expensive and public, which may not be what you’re looking for. In addition, it allows space for disputes and challenges from disgruntled family members or other interested parties.

The Game-Changer: Revocable Living Trusts

The revocable living trust works just like a Will, but without the probate process. You create the trust, transfer your assets into it, and designate yourself as trustee in charge of managing all the assets. So you retain the control while you are alive. If you become unable, the trust can smoothly transfer the control to a successor trustee you have appointed, without the need for a court-appointed guardian. When you pass away, your chosen successor trustee takes over and follows the instructions you set out in the trust. 

Privacy

A major disadvantage of relying exclusively on a Will is that it becomes part of the public record once it goes through the probate process. That means anyone can walk into court and find out who got what. A revocable living trust offers privacy because it doesn’t go through a Will, the contents remain confidential. 

The protection of your heirs

Family dynamics can be complicated. While you might hope that all your loved ones will act kindly, the reality can be entirely different. A Will alone could leave room for family members to challenge its validity, which can lead to disputes that can ruin relationships and erode your estate’s value.

By using a revocable living trust, you can add extra layers of protection. You can insert clauses that discourage or even penalise contesting the validity of the trust, helping to maintain harmony in the family and ensuring that your wishes are carried out as you intended. It’s like giving your family a map to follow, with fewer detours around.

Expect the unexpected

You never know what’s around the next corner. While a Will is all about the important things, such as dividing assets, there are other crucial issues to consider. Who will make medical decisions for you if you are no longer able? Who will manage your financial affairs if you are incapacitated? A comprehensive estate plan includes documents such as a health care proxy, a power of attorney and a living Will. These documents give designated people the legal authority to make decisions on your behalf, ensuring that your preferences are respected even if you can’t express them. So while a Will is crucial, it is just one part of the puzzle.

Business succession affairs

If you’re a business owner, your business is probably a significant part of your heritage. But passing the reins smoothly can be complicated. A simple Will may not adequately address the complexities of business succession, which could lead to turbulence, loss of value and the collapse of what you’ve built.

By establishing a trust specifically designed for your business, you can ensure a smooth transition. You can set clear instructions on how the business should be managed or sold and who should take over after you. This not only protects your hard work, but also sets your business up for continued success.

A Holistic Approach

So having a Will is better than nothing, but it’s often not enough to cover all the bases in these days. Estate planning means more than dividing assets – it’s about making sure your Will is honored, your loved ones are protected and your legacy is preserved.

A comprehensive estate plan, which includes a revocable trust, documents for financial and health decisions, and business succession considerations, gives you peace of mind that your affairs are in order, no matter what twists and turns life throws your way.

Bottom line 

So a Will is the first step in estate planning, but it is not the whole thing. If you want to ensure a smooth succession of your estate, it is possible to avoid the hassles of probate, preserve confidentiality, protect your heirs and plan for the unexpected with  a revocable living trust.

If you wish to discover more about inheritance planning strategies, do not hesitate to book a free consultation with our team now.

Disclaimer

Widelia and its affiliates do not provide tax, investment, legal or accounting advice.  Material on this page has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, investment, legal or accounting advice. You should consult your own tax, legal and accounting advisors before engaging in any transaction. Please consult https://widelia.com/disclaimer/ for more information.