Some
useful information
If
some of your property is of a personal nature, i.e., a bank
account or stocks and shares, and it is in the joint names of
yourself and another, then, unless there is an agreement to
the contrary, such property passes automatically to the
survivor on your death. You will not be able to dispose of
such property under your will.
In
the case of immovable property (i.e., land) which is acquired
in joint names, this will pass on your death according to the
manner in which it is held. If you acquired your house jointly
with your wife as `beneficial joint tenants' then on your
death the title to the property passes automatically to your
wife as surviving joint tenant. However, if your house is held
by your wife and yourself as `tenants in common' then each of
you is entitled quite independently to your share of the
proceeds of sale. You are therefore free to dispose of your
share by will as it does not pass automatically to the
survivor. For more detailed information please refer to the
Assets section of your will file.
There
are, of course, numerous other ways in which you can make
provision for your family independently of the provisions of
your will. If you are a member of a company pension scheme,
its rules may provide for a discretionary lump sum payment by
the trustees on your death. Such payments do not form part of
your estate and are therefore free of inheritance tax. You may
request that the trustees pay all or part of such a lump sum
to your children. This may enable you to leave your entire
personal estate to your wife. Another way is for you to
declare trusts of any insurance policies on your life for the
benefit of your wife or children, although there could be an
inheritance tax charge when the policies are put into trust.
On your death the trustees can pay the monies directly to the
beneficiaries and they will not form part of your estate. For
more detailed information please refer to the Trust section of
your will file.
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