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Writing
a Last Will & Testament
As
the saying goes, “there
are only two things in life that are inevitable: death and taxes”.
You are forced to think about the latter more often as an Expatriate
as you attempt
to minimalise your personal tax position.
Death,
however, is a subject that is often avoided, and understandably
so. No one wants to think of a world without them in it -- just
the mere mention of it is glum and depressing. But reality dictates
that death is an unavoidable part of life, which, from a financial
perspective, needs to be dealt with.
A
Last Will and Testament ensures that your estate will be managed
according to your wishes, and will circumvent family problems
and government intervention in your personal business. So, no
matter how young you are, or feel, keep it is responsible to
address the issue of making a Will whilst you are able to do
so.
We
also advise you to remember, that as an Expatriate, you are
more likely to take hazardous journeys more frequently –
whether it be through business or pleasure – as the life
of an Expatriate invariably involves frequent flights using
what can be seemed as perhaps ‘less-secure’ airlines.
The standard of driving and road safety is often lower in many
countries, health and safety often does not exist and so without
quoting the actual figure for Expatriate fatalities, we are
sure you understand what we mean.
Who
Needs To Make Out A Will?
Unless
you are down and out, with few possessions or relatives and
no income, you should have a Will written up already. Single
people may want to wait until they settle down to iron out their
estate, but responsible family members should begin discussing
their Will without delay. If you're recently married, it's important
to discuss with each other how you want your assets allocated,
if you have a young child, assigning a guardian is a must.
You don't have to have a spouse or several dependents to start
a will, however. People who have businesses under their name
need to deal with who receives control of the company after
they die. Businessmen and investors have to decide where their
money will end up posthumously or who will receive delicate
assets like business secrets and other private documents.
Why
Make Out A Will?
There
are a million and one reasons to write out a Will, the most
common being:
To
give things away as you see fit:
A
Will ensures that your assets and estate are divided up according
to your specifications. If you die without one, the state will
decide who (in your family) will receive your assets, regardless
of the needs of your heirs and your wishes. This is critical
because imagine, in the event of your death, the choice of ‘what
goes where’ being left with your Government – would
you want that?
For
instance, if you have a spouse and two children, your money
and belongings will be divided evenly between them. In doing
this, they may ignore another relative, your best friend or
a charity you wished to make a donation to.
To
avoid family disputes:
Clearly
delegating your precious belongings and hard-earned assets circumvents
family disputes that can potentially arise. A will is a legally
binding document, so any gold-digging relatives you never liked
anyway cannot lay claim to things you gave to others.
To
minimize taxes:
A
will can minimize taxes. Upon your death, there is Inheritance
Tax (in most countries) to be paid -- the amount depends on
the size of your estate. If you grant gifts in your will to
children or put money into trust funds, some of these taxes
can be bypassed. One of our Advisors would be happy to discuss
this with you and can help you get the most out of your assets.
To
reveal sensitive information:
Finally,
you can reveal and allocate sensitive information such as Offshore
Bank Accounts, codes to safety deposit boxes and passwords to
business accounts. You can ensure this important information
does not get lost by including specific instructions in your
will to the beneficiaries of these intangible assets. A business
or investment can continue to grow after you die, thanks to
your will.
So
for all of those people reading this who do not have a Will
in place, we would strongly urge you to speak to your financial
Advisor who will offer advice as to what you should consider
putting in your Will. Because of the complexities of International
Law, each and every country has different regulations relating
to Last Wills and Testaments and whilst our Financial Advisors
would be willing to assist you in creating a draft Will and
what items to consider including within it, we always urge people
to take specific advice from a qualified lawyer when finally
drawing up the document.
This
may cost you a small fee now, but could save you a fortune in
later life …… or death.
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