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Leave a Lasting Legacy

Leave a lasting legacy
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Leaving a legacy is one of the most important gifts that can be made to The Aspinall Foundation. For many of our supporters, it is a unique way of expressing a genuine and lasting commitment that will help protect the rare and endangered species we have in our care. The Foundation's ultimate goal is, and always has been, to return these wild animals to safe areas in their natural habitat.

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Making a Will and keeping it up to date is very important - it puts you in control and removes any uncertainty for those left behind. The links below provide practical information on creating and updating your Will.

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CREATE YOUR WILL - A step-by-step process to making a Will.

UPDATE YOUR WILL - Why it is so important to keep your Will up to date, and how to do it.

TYPES OF LEGACY - An explanation of the different types of legacy that you can leave in your Will.

WILL-WORDING - Useful wordings to take with you to your solicitor if you decide to leave a legacy to The Aspinall Foundation.

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CREATE YOUR WILL

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When you are making your Will there are several things to be considered, such as:

  • making a list of your assets

  • thinking about the way in which you want to divide your estate *

  • thinking about who to appoint as executor *
In this section you'll find information to guide you through the will-making process along with an example list of assets. The Aspinall Foundation would advise anyone making or updating a Will to get in touch with a practising solicitor to help you do this.

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WILL MAKING PROCESS

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Making a Will and keeping it up to date is very important - it puts you in control. Follow the process below to make sure your Will reflects your wishes.

  1. Assess your estate
  2. Make a list of all your significant possessions. For example, your house, car, savings and insurance, and other items of value.
  3. Decide who you would like to benefit
  4. You can choose to share your estate between anyone you like - your spouse, family or friends. You could also leave a legacy to a charity or good cause, such as The Aspinall Foundation, after your family and friends have all been properly provided for.
  5. Decide what sorts of gift to leave
  6. You can leave any kind of gift: a share of your estate (residuary), an amount of money (pecuniary) or specific items. Find out more about some of the different types of legacy. Your solicitor will also be able to advise you on the benefits of different types of legacy.
  7. Choose your executors
  8. You should now select between one and four people who will be able and willing to ensure the wishes within your Will are carried out. You can choose your bank, your solicitor, or willing friends or relatives.
  9. Make a list of questions
  10. You may want to ask your solicitor some questions - it will save you money if you do it before your visit
  11. Arrange to see your solicitor to make your Will
  12. This shouldn't take long - but it's important to involve a legal professional to draw it up for you. If all the legal formalities are not correctly followed, your Will could be declared invalid.
  13. Ensure that your Will is correctly drawn up
  14. When you are happy with the contents of your Will, make sure that it is executed and witnessed properly. Your solicitor can advise you on this.
  15. Keep your Will up to date
  16. You can update your Will at any time to reflect changes in your circumstances - such as the sale of your house, or the death of friends or loved ones. Your solicitor can advise you on the best way to change your Will - either by re-writing it or by adding a *codicil.

LIST OF ASSETS

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Before arranging to have a Will written, it is worth drawing up a list of your assets (and your debts) which should give you a clearer idea of what your final estate will look like. You could set it out like the one below:

Assets
    House
    Cash savings
    Bank/building society/savings account
    Shares
    Bonds
    Life policies
    Pension funds
    Chattels - household contents, jewellery and so on.

Debts
    Mortgage
    Loans
    Other debts


TYPES OF LEGACY

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There are a few different kinds of gift you can leave in your Will. The most common are described below.

Residuary bequest
A gift of the remainder of the estate after all other bequests have been made and debts cleared is called a residuary bequest.

Pecuniary bequest
A gift of a fixed sum of money in your Will is called a pecuniary bequest. The value of pecuniary legacies will decrease over time, as the cost of living increases.

Specific bequest
A particular named item left as a gift in your Will is known as a specific bequest - for example, a piece of jewellery.

Contingent bequest
A gift in your Will that depends upon the occurrence of an event which may or may not happen is known legally as a contingent bequest. An example is a bequest to a charity which applies only if other beneficiaries named in the Will die before the testator (person who made the Will).

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UPDATE YOUR WILL

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It's vital to review your Will regularly to ensure that it reflects your current wishes and circumstances. For instance, you may need to change your Will if you have got married, divorced, moved house or there has been a death of a friend or family member.

If you have further questions which have not been answered here, please give our Supporter Care team a call on 01303 234167, Monday to Friday 9am - 5pm.

The Aspinall Foundation would advise anyone making or updating a Will to get in touch with a practising solicitor to help you do this.

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KEEP YOUR WILL UPTO DATE

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It is vital to make a Will and review it regularly to ensure that it reflects your current wishes and circumstances.

Generally you should review your Will every time a 'life event' happens. For example:

    you marry
    you have a child/grandchildren
    there is a death in your family
    there is a change in your financial circumstances
    there are major changes in the types or rates of taxation
    you are going to live abroad
    you are moving to shared accommodation
    you separate or divorce from your spouse or partner

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PREPARING FOR THE FUTURE

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No one likes to think about their own death, but just a short time spent talking to your solicitor and sorting out your affairs now could prevent uncertainty for those left behind. It will also mean that you, not the Government, will decide what happens to your property.

If you should die without making a Will (in legal terms this is called dying *intestate), the law will determine how your property (or *estate) is divided. This can cause great uncertainty and distress for everyone concerned.

If, however, you make a Will, you'll know your loved ones will have the comfort of knowing your exact wishes during a traumatic time. And you'll have the peace of mind of knowing exactly what will happen to your estate.

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BE SURE TO KEEP YOUR WILL CURRENT

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Keeping your Will current is just as important as making one in the first place. It really is the only way to ensure that your final estate is distributed to your *beneficiaries in exactly the way that you want it to be.

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EXAMPLES OF WORDING

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Should you wish to remember The Aspinall Foundation in your Will you might wish to take the following wording suggestions for a *residuary bequest and a *pecuniary bequest to your solicitor. They will ensure that your wishes are accurately followed:

    Residuary bequest (a proportion)
    I give (%) of the residue of my real and personal estate which I can dispose of by Will in any manner I think proper to The Aspinall Foundation (Registered Charity No. 326567) of Port Lympne, Lympne, Kent CT21 4PD and the receipt of the Trustees or the proper officer for the time being of The Aspinall Foundation shall be a complete discharge to my Executors..

    Pecuniary bequest (a set sum)
    I give the sum of ...... pounds to The Aspinall Foundation (Registered Charity No. 326567) of Port Lympne, Lympne, Kent CT21 4PD and the receipt of the Trustees or other proper officer for the time being of The Aspinall Foundation shall be a complete discharge to my Executors.
It is important to ensure that the following clause is inserted, whichever wording you need to use:
    If at my death any charity named as a beneficiary in this Will or any Codicil hereto has changed its name or amalgamated with or transferred its assets to another body then my Executors shall give effect to any gift made to such charity as if it had been made (in the first case) to the body in its changed name or (in the second place) to the body which results from such amalgamation or to which such transfer has been made. Please also remember to use our full name The Aspinall Foundation and the correct registered address and charity number.

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GLOSSARY

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The legal terms used in the process of making or updating a Will can be confusing. Here we explain the most common words and phrases that you may come across.

Beneficiary - Any person or organisation to whom you wish to leave a legacy or bequest (gift) in your Will.

Codicil - Any change or addition that you make to your Will. It must follow the same legal formalities as the original Will.

Contingent bequest - A gift in your Will which depends upon the occurrence of an event which may or may not happen. For example - a bequest to a charity which applies only if other beneficiaries named in the Will die before the testator (person who made the Will).

Estate - The total sum of your possessions, property and money (minus debts) left after your death.

Executor(s) - Person(s) appointed by you to make sure the wishes in your Will are carried out.

Intestate - The condition of dying without having made a Will.

Legacy - A bequest or gift left in your Will. It can be in the form of money, property, stocks and shares or possessions.

Life interest - The right of a beneficiary to benefit from part or all of an estate for their lifetime.

Pecuniary bequest - A gift of a fixed sum of money in your Will.

Probate - the legal procedure after death which confirms your Will is valid and confirms the executors' authority to carry out your wishes.

Residuary bequest - A gift of the remainder of the estate after all other bequests have been made and debts cleared.

Specific bequest - A particular named item left as a gift in your Will - for example, a piece of jewellery.

Testator - A person who has made a Will.

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*The Aspinall Foundation would advise that anyone making or updating a Will should seek independent advice from a practising solicitor or bank trust company.
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