In certain circumstances, purchasing and downloading a trust from the internet can be perfectly appropriate.
However, in other cases, it would be more beneficial to have a solicitor examine the situation to ensure all your wishes are fulfilled after your demise.
This article will provide information on the pros and cons of hiring an inheritance tax solicitor; as well as, providing examples of when you can forego working with an lawyer.
When Can I Use An Online Trust Document?
A person can consider utilising a trust downloaded from the internet during the following situations:
1. When The Total Estate Is Less Than The State’s Minimum Probate Requirements
When an estate presents with a smaller sum, then the estate can potentially avoid probate and the inheritance will be less than the minimum estate tax according to the region. In this case, the trust will not need to be upheld.
2. If The Estate Is In One State
If the full estate is within a single area, then the trust can be completed using a single form and all inheritance wishes are typically honoured. For example, if the estate is located in Buckinghamshire, then a trust approved in Buckinghamshire will be upheld in this location.
3. The Trust Is Used By Beneficiaries
Online trust documents can be purchased by beneficiaries that are of sound mind, and not by minors or people not of sound mind.
4. You Have A Current Estate Portfolio With An Investment Company
One of the primary reasons why an lawyer is used in these cases is to ensure that all items are transferred correctly to the trust. If the majority of assets are already in the care of an investment company, then there is no need to hire an inheritance tax solicitor.
You will be able to obtain the correct transfer forms from the investor and perform the transfers independently – as long as you have the suitable knowledge regarding real estate transactions. The forms can be purchased online by anyone and filled out by the purchaser.
When Should I Consult An Inheritance Tax Solicitor?
You should consider hiring an inheritance tax solicitor in the following situations:
1. If The Estate Is Worth More Than £100,000
This is potentially the highest amount of money permitted by the probate court for an estate to probate. In this situation, it would be recommended to use a trained solicitor.
2. The Beneficiaries Or You Have Notable Debt
Solicitors specialising in inheritance tax will act to protect assets from creditors. If you draft the incorrect trust yourself, then creditors can take money from the trust easily. Should you have debt, it would be better to hire a solicitor to avoid having these problems.
3. If More Than One Property Is Held In Different Regions
All countries and states have specific probate laws with trust requirements. Only lawyers have the knowledge and expertise to create trust documents that are upheld in certain regions.
4. The Trust Is For A Minor Or Mentally Disabled Individual
Trusts of this type require specific phrasing to ensure discretionary funds are allocated for care. Failure to include this requirement in the trust can result in the trust being dissolved and your dying wishes not being followed.