The right fall-back provisions to include in your Will
Posted on 4th June 2024
Understanding Long Stop or Substitute Provisions in a Will
When drafting a Will, our Wills Solicitors in Preston always explain that it is essential to consider all possible scenarios, including the unlikely event that you and your primary beneficiaries pass away simultaneously or within a short period. This is where long stop or substitute provisions become important. Whilst it is, hopefully, unlikely that this situation will occur, it can happen.
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What are Long Stop or Substitute Provisions?
Long stop or substitute provisions, sometimes referred to as a ‘common tragedy clause’, set out what should happen to your estate if your primary beneficiaries are unable to inherit due to them predeceasing you. Such a clause ensures that your assets are distributed according to your wishes, even in the most unforeseen circumstances. For example, a common practice is to designate a charity as the ultimate beneficiary if all other beneficiaries predecease you or die alongside you.
It is particularly important to consider substitute provisions when you are leaving your estate to your children or grandchildren, as there can be a higher chance that you would all be together, for example, travelling. Another scenario is when your beneficiaries are a generation that is a similar age to you, or older, for example, your siblings or parents, as statistically, they could predecease you.
Importance of Long Stop or Substitute Provisions
Control Over Your Estate:
These provisions ensure that you retain control over who benefits from your estate, even in unexpected situations. Without them, your assets could be distributed according to the rules of intestacy, which might not align with your wishes.
Providing for Unforeseen Circumstances:
Although it’s challenging to think about, tragedies such as accidents or natural disasters can occur, affecting entire families. A long stop clause prepares your estate for such rare but possible events.
Charitable Giving:
Many choose to support a charity close to their heart as a long stop beneficiary, providing peace of mind that their legacy could support a good cause if their immediate family members or loved ones are no longer there.
Tax Benefits:
Gifts to charity as a long stop provision in a Will can reduce the Inheritance Tax burden on the estate, providing a tax-efficient way to pass on your assets while supporting charitable causes. In addition, in cases where you have the benefit of a Residence Nil Rate Band with your initial beneficiaries, you will not get this if your children or other direct descendants predecease you, so gifting to charity may be a beneficial way of preventing an inheritance tax liability arising on your estate.
Our Wills Solicitors in Preston can offer expert guidance on including substitute provisions in your Will, as well as advising on the tax implications of your various Will provisions.
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Implementing These Provisions
When updating or creating a Will, it’s advisable to discuss the inclusion of long stop or substitute provisions with a legal professional, such as our Wills Solicitors in Preston. They can guide you in selecting appropriate long stop beneficiaries and structuring the clause to ensure that your wishes are clear and legally binding.
Whilst contemplating such scenarios can be uncomfortable, including long stop or substitute provisions in your Will is a prudent step to ensure your estate is distributed according to your wishes under all circumstances. For more detailed information or advice tailored to your specific situation, consult with an expert Wills Solicitor.
Call our Wills Solicitors in Preston on 01772 783314 or email wills@mglegal.co.uk to arrange an appointment with our expert team.
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