Free Will Writing; Worth the paper it's written on?

[ancient]

Having suddenly realised that we might not live forever, Mrs A and I have decided we should write wills. Nothing complex: everything to each other and in the event of simultaneous death, everything to 9 year old daughter. We'd like to ensure that if we both shuffle off at the same time that 9 year old's guardian will be her 29 year old half sister who lives, as we do in the UK and not her uncle, my younger brother who is a fuckwit barely able to look after himself. Older sister is very approving. Older sister wants nothing from us as she's doing very nicely thank you and will inherit substantial amounts when my ex wife goes.

I'm getting plenty of offers to write the will for free on line which seems simple enough, from charities who presumably would like to see some small bequest in exchange which I have no problem with, Alzheimer's society and RNLI stand out.

Are these will completely valid? Could my idiot sibling challenge our decision in a bid to collect on daughter's inheritance? He lives much closer and is capable of such an act.

I'm really looking at this as a way to save a few bob and some time, but I'm happy to go through a legal company if that's the best and most secure thing to do.

Any advice appreciated.

 

[Effendi]

With writing a will for a kiddy the best route to go down is through a trust. You have to appoint a trustee to look after the interests of the beneficiary. But it allows you to limit the potential spending by the trustee to administer the trust. There are people who you would deem trustworthy who when wills start to fly around think that they should have had a slice of the cake..............trusts would not exist otherwise.

You can stage payments through a trust too; for example you could require that at the age of 18, 19, and 20 the trust releases enough to pay for university tuition and living expenses on an annual basis. Then when the beneficiary reaches, say for example, 25 the trust pays out the balance for the purchase/deposit on a house.

Just a thought.

 

[Resasi]

Certainly a subject that many are now seriously thinking about.

 

[seat_sniffer2]

Making a will is usually fairly easy + orgs can help and may ask for a donation, which you may feel obliged to do. My better half gives some to RNLI & a dogs trust, no problem there with me tbh. You may however want to look into 'Power of Attorney' to protect the interests of your youngest. This is the bit that costs - and have differing rules in parts of UK! And it splits between finance & health issues.

I'm sure that there are more knowledgeable sources on this site that can help steer you in the correct direction(s) for a good result for you in this matter?

 

[FrosteeMARIA]

We used the Which? will writing service. Includes all the stuff you need for mirror wills, LPA, statement of wishes etc. Loads of useful info on there also

Which? Wills - Home - Which? Wills

Which? Wills® Offers Specialist Online Will Writing Services, Make Yours In 4 Easy Steps Now! Our Guidance Makes Creating A Will Easy - Let Which? Help You Start Yours Today. Full Telephone Support. Wills In 4 Easy Steps. Make Your Will Online.

whichwills.which.co.uk

 

[mad_collie]

I recently went via the RBL. A local solicitor drew up our wills, explained all the process & provided drafts & options for storing copies. All buck shee, just added a pledge that when we both peg it we leave an amount to the RBL. The opposite of paying in advance.

Free will writing | Royal British Legion

The Royal British Legion is offering a Free Will Writing Service, so you can write or update your Will free of charge.

www.britishlegion.org.uk

 

[Arte_et_Marte]

Are these will completely valid? Could my idiot sibling challenge our decision in a bid to collect on daughter's inheritance? He lives much closer and is capable of such an act.


Any advice appreciated.

With regard to this aspect, it doesn't matter where the paperwork for a will came from, it only takes one person with an interest to challenge it.

The impact this can can be chaotic, frustrating and financially ruinous.

The stronger. the more professional the original last will and testament is, the less chance there is of unwanted third party interference.

You don't have to visit a solicitor, there are plenty of very capable will writers out there.

Same as when you need any trade, shop around for quotes, they should offer real, checkable, testimonials from customers in your area and choose the one who you feel most comfortable with.

First hand knowledge. My brother was a successful will writer, many years ago and although he is no longer in that field, the will he sorted out for me and lodged with his solicitors, worked a treat, when my (second) wife died and stepdaughter tried to interfere.

 

[Ravers]

We’ve had ours done through one of the breast cancer charities the missus supports.

All pukka, professionally written by their in house team, in exchange for leaving them a bit of wedge when we die.

I’d definitely recommend the charity route. They do this for a living and have a lot of experience in it.

And I suppose if you were really tight, there’s nothing stopping you having your will drawn up by them and then just editing it a little while later and cutting them out of it.

 

[Rodney2q]

We paid a solicitor (local company and very well respected around here) to do ours. She specialised in wills and raised lots of points we hadn't considered.

It was not particularly expensive and money well spent as far as we are concerned.

 

[rgjbloke]

I have no knowledge of writing wills whatsoever. I don’t even have my own will at the moment so it is something I’ve got to sort out like the OP.

Memory though does remind that I read somewhere of someone who wrote a will and included a provision for an amount of money to go to a charity or something like that.

All well and good and when the time came to read it and distribute the earthly goods of the deceased, representatives turned up from the charity and started arguing for a bigger share from the pot.

The problem was that the bequests weren’t written out in the will specifically enough in the sense that something like percentages were used instead of specific amounts.

That allowed for a different interpretation of what should happen to certain provisions in the will and how the executors should have acted in carrying them out.

Of course the charity representatives aren’t family who want the matter resolved asap. They don’t care how long it takes to finally resolve the implementation of the will. They simply care about getting the maximum possible return they can argue to force from the will for their charity.

So bear that in mind when wording any charitable donation from your will. The provision for all donations, especially to things like charities etc should specifically worded so there is no doubt about what the wishes of the deceased were and absolutely no room for any argument otherwise.

Something a decent lawyer or an expert on will writing should be able to produce if you mention this point to them!

 

[Meat and Two Veg]

'Phoned round about 8 Solicitors locally/semi locally. Dead easy 2 mirror wills, best quote was for £300 each.

Thieving chiselling bunch of scrotes, the lot of 'em.

Went down the RBL route.

 

[sirbhp]

I have no knowledge of writing wills whatsoever. I don’t even have my own will at the moment so it is something I’ve got to sort out like the OP.

Memory though does remind that I read somewhere of someone who wrote a will and included a provision for an amount of money to go to a charity or something like that.

All well and good and when the time came to read it and distribute the earthly goods of the deceased, representatives turned up from the charity and started arguing for a bigger share from the pot.

The problem was that the bequests weren’t written out in the will specifically enough in the sense that something like percentages were used instead of specific amounts.

That allowed for a different interpretation of what should happen to certain provisions in the will and how the executors should have acted in carrying them out.

Of course the charity representatives aren’t family who want the matter resolved asap. They don’t care how long it takes to finally resolve the implementation of the will. They simply care about getting the maximum possible return they can argue to force from the will for their charity.

So bear that in mind when wording any charitable donation from your will. The provision for all donations, especially to things like charities etc should specifically worded so there is no doubt about what the wishes of the deceased were and absolutely no room for any argument otherwise.

Something a decent lawyer or an expert on will writing should be able to produce if you mention this point to them!

This has happened a few times in the past 10 years, it's far easier to nominate an actual sum rather than say 1% or so . After all do you realy wish to give 1% (or whatever) from your pension s, insurances etc ?

 

[shiny_arrse]

A few years back Mrs Shiny_arrse and I used The charity Will writing scheme | Will Aid Found a local solicitor who was doing will aid and had fairly basic wills drawn up after a really good chat where we went through the various options. He said that he would normally charge £300 for each one and suggested we pay half of that to the charity of our choice. £300 for a couple of properly written wills is well worth it.

 

[Aphra]

The truth is that how well a will is written can only be known once it is proved (probate). I haven't had much involvement in probate work since the early days of my career and I'm sure the various charities do a fine job if a will is straightforward but I'd still caution anyone whose will has any complicating factors to have a solicitor or legal executive draw it up. The guardianship of a child and bequests placed in trust for that child would, to my thinking, be just such complicating factors, and you really do want to get those right. Full disclosure; I have bitter personal experience of how badly wrong it can go when these two things are not correctly addressed.

A further caution I'd offer is to not amend or edit your will yourself. It really is a case of a little knowledge being a dangerous thing and a minor amendment you make to, say, remove a beneficiary, can have the effect of invalidating the entire will.

I also take issue with the view that a qualified, insured, strictly regulated professional charging £150 each for two 'mirror' wills is in some way ripping off a client. Drafting two simple wills will take about two hours for each. They need to be typed up, reviewed by the drafter, forwarded to the client to review, amended if necessary, then correctly signed with appropriate witnesses (a step many DIY'ers get wrong). A good will isn't a cut and paste job. You're not just paying for the hours taken to complete the work, you're paying for the knowledge, skill and expertise, just as you would for a mechanic, gas engineer, electrician. You pay those people to do a job you cannot (should not) do yourself, to a standard that is as safe as it is possible to be. I can't see the sense in scrimping on the most important personal document most of us will ever sign, especially when the consequences of doing so can have a devastating impact on those left behind, not least minor children. I'd say £75 an hour was a bargain price.

By all means go with a charity will writer, or one provided by your trade union, insurer, bank or professional association. Do, though, ask yourself where their loyalty will lie if it transpires on your death that they didn't do as good a job of protecting your loved ones from the financial impact of your death as they did protecting their own interests.

 

[Bravo_Bravo]

I write Wills for a living.

A mirror Will may be cheap, but its very basic and will not protect your Estate from eg Care Home fees, the impact of a divorce on remarriage after death, etc etc.

I'll copy the wording of the letter we send to clients post initial discussion, but its essential to put your ££ to Trust as the protections delivered are substantial.

Lasting Powers of Attorney are vital, too, as under English law no adult can make a legally binding decision on behalf of another unless an LPA has been registered, or the Court of Protection grants Guardianship. The latter can take over a year and there is no guarantee it will be granted.

 

[Bravo_Bravo]

Use this as a basis for discussion with whoever you want to write your Will. In particular, if they suggest Mirror Wills and no mention is made of Trusts, ask why.

Dear Mr and Mrs Client

I thought it would help to clarify the points we discussed in our meeting yesterday:-

We discussed -

The importance of registered Lasting Powers of Attorney being in place for both Health & Welfare and Property & Financial Affairs.

The risk your Estate faces from your home being assessed for Care Fees.

• The risks your Estate faces from sideways disinheritance, divorce or creditors.
• The difference between a Beneficiary inheriting absolutely and a Beneficiary inheriting a beneficial interest in a Trust.
• Solutions to all of the above.

Lasting Powers of Attorney

We discussed Lasting Powers of Attorney for both Health & Welfare and Property & Financial Affairs, and the enormous impact not having these Powers in place should they be needed. The key point is that no adult has the legal right to act on behalf of another, irrespective of the relationship between them, unless appointed by the Court or if there is a registered Power of Attorney in place.

Having Powers of Attorney in place guarantees that in the event of one of you ‘losing capacity’ the other can make sure the right decisions are made in respect of Health & Welfare and that the family’s financial affairs remain under the sole control of the family.

My recommendation is that you both put both Powers of Attorney for Property & Financial Affairs and Health & Welfare in place immediately.

Care Fees Assessment

You are concerned that, having worked hard to purchase and pay for your home, it faces the significant risk of being financially assessed should you require Care later in life.

If you require Care and have assets valued over £14,250 (including the value of your home) you will be required to contribute to the cost of your Care, and if your assets are over £23,250 (including the value of your home) you will be required to fully fund your own Care.

This situation is exacerbated by you owning your home jointly, and in reality, because of the assets you have worked hard for, should you require Care in later life, you will be making a significant contribution towards the cost of that Care.

Risks to your Estate

Using ‘standard’ Will planning as you have now, where a Mirror arrangement leaves everything to the Spouse and then on to the next generation, exposes the Estate to significant risks:-

Sideways disinheritance – following the first death should the survivor remarry any existing Will becomes invalid. The death of the surviving Spouse in this situation would pass family assets to the new Spouse and not down the bloodline. The risk is equally present should the remarried partner subsequently divorce, with previous family assets potentially becoming subject to a divorce order.

Divorce – once an inheritance is received by a Beneficiary (the children/grandchildren) it is likely to form part of any subsequent divorce settlement and again part of the inheritance moves outside the bloodline.

Creditors – in a similar way, should a Beneficiary (the children/grandchildren) find themselves in financial difficulties, the whole of the inheritance may be taken by creditors.

Absolute inheritance vs. interest in a Trust

We discussed the difference between absolute inheritance and inheriting an interest in a Trust.

Using a Trust to control your Beneficiaries’ inheritance has a number of significant advantages over an absolute inheritance:-

• You can ensure that your wishes expressed in your Will are carried out irrespective of any future life changes after you have died.
• You are able to ‘change’ how your Beneficiaries inherit easily by changing your ‘Letter of Wishes’ – this is a much more simple process than rewriting a Will.
• The inheritance you pass to your Beneficiaries is protected from threats such as their divorce, attack from creditors should they get into financial difficulty, attack by the Local Authority to pay for Care Fees and also future Inheritance Tax.

Solutions - ‘Death’ Planning using Trusts

My recommendation is that you both make use of Trusts in your Bloodline Planning which places the assets of the deceased into Trust on their death rather than passing them directly to their chosen Beneficiaries.

This will ensure that IHT allowances are used on the death of the first of you, reducing the taxable Estate on the second death. This will ensure, based on your current assets, that no Inheritance Tax is payable. Clearly, should assets increase significantly in value or IHT reliefs change, tax could be payable in the future.

This provides significant protection from the risks detailed above including protection of the family home from assessment for Care Fees, as half a property cannot be sold should the remaining partner need care. The weakness of this planning is that if both partners need to go into care at the same time the main residence is vulnerable to assessment. This option provides significant protection from ‘the risks’ as on the first death the deceased passes their Estate to Trust whilst providing the survivor to benefit from those assets without the assets becoming part of the survivors Estate.

The children each inherit a beneficial interest in a Trust which cannot be taken from them in a divorce settlement, by creditors or by the Local Authority to pay for Care Fees. Furthermore, the interest inherited by them will not form part of their Estate for their own IHT – assets of the Trust sit outside their Estates for IHT purposes.

The components of ‘Death’ Planning using Trusts

A New Will each.

These new Wills are drafted to:-

• Replace your existing Wills if you have them.
• Appoint you both and if required, anyone else as Executors.
• Allow payment of funeral expenses.
• Distribute your personal Chattels by way of a memorandum which can be altered easily. This means that should you wish to change the recipients of your personal Chattels you do not need to draft a new Will.
• Distribute your Estate on your death (everything else up to the combined Nil Rate Band and Residential Nil Rate Band) into a NRB/RNRB Family Trust. This Trust can hold cash, investments and property and is designed to ensure that the new Residential Nil Rate Band is used correctly.

Change the basis of ownership of 1167 Morning Glory Circle.

Changing the basis to Tenants in Common will allow:-

• You each to own a specific ‘half’ of 1167 Morning Glory Circle.
• The transfer of your ‘half’ to Trust on your death, preventing it from being sold to pay for Care Fees and ensuring it passes to your beneficiaries protected from risk.
• Ensuring that the children will receive a beneficial interest in this ‘half’ whilst allowing the surviving Spouse to continue to live in the property until his or her death or move to another property under the same terms.

A Nil Rate Band/Residential Nil Rate Band Trust (NRB/RNRB Trust) within the Will each.

Your NRB/RNRB Trust is designed to:-

• Appoint each of you and anyone else required as Trustees.
• Receive the Estate of each of you on your death up to the amount of the combined Nil Rate Band and Residence Nil Rate Band – currently £325,000 plus £175,000, giving a potential total each of £500,000 before Inheritance Tax will be payable.
• Hold your Estate for the benefit of your surviving Spouse for as long as he or she may live, providing access in the same way as if you had left your Estate to them absolutely.
• Hold your Estate for the benefit of each other, the children, grandchildren etc.
• Distribute those assets to your chosen Beneficiaries at the discretion of the Trustees when required.
• Provide protection from future Inheritance Tax charges.
• Provide protection for your Beneficiaries from threats such as marriage after death, divorce or creditors.
• Provide protection from assessment for Care Fees for your main residence, and any other assets held in Trust, following the death of the first of you.

A Memorandum of Wishes each.

Your Memorandum of wishes is designed to:-

• Provide guidance and direction to your Trustees in respect of distributions from your Trust. It is this document that allows you total control even after you have died.
• Allow you to ensure that your Estate is distributed as you would wish following your death.
• Provide flexibility as it can easily be amended at any time – much more easily then drafting a new Will.

This Memorandum will be reviewed annually and amended if necessary.

Conclusion

The utilisation of Trusts in your Bloodline Planning will ensure that your hard-earned assets are retained within the bloodline for the benefit of future generations.

You retain control over your Estate completely and can change your wishes at any time. You can guarantee the children, grandchildren and any future generations will receive an inheritance from you as your main asset (your home) will be owned by a Trust and cannot be assessed and subsequently sold to pay for your Care Fees by the Local Authority. This benefit should not be undervalued as at an average of £950.00 per week your Estate could very quickly be depleted should you need care.

It will also protect those assets from the threats we discussed - divorce, creditors, future IHT etc.

 

[Aphra]

I write Wills for a living.

A mirror Will may be cheap, but its very basic and will not protect your Estate from eg Care Home fees, the impact of a divorce on remarriage after death, etc etc.

I'll copy the wording of the letter we send to clients post initial discussion, but its essential to put your ££ to Trust as the protections delivered are substantial.

Lasting Powers of Attorney are vital, too, as under English law no adult can make a legally binding decision on behalf of another unless an LPA has been registered, or the Court of Protection grants Guardianship. The latter can take over a year and there is no guarantee it will be granted.

@Bravo_Bravo is right about the Court of Protection being slow. It's also very expensive so best avoided if at all possible.

Don't know what happened there, B_B and I are not one and the same . I understand he's far more pleasing to the eye!

 

[Aphra]

Use this as a basis for discussion with whoever you want to write your Will. In particular, if they suggest Mirror Wills and no mention is made of Trusts, ask why.

Dear Mr and Mrs Client

I thought it would help to clarify the points we discussed in our meeting yesterday:-

We discussed -

The importance of registered Lasting Powers of Attorney being in place for both Health & Welfare and Property & Financial Affairs.

The risk your Estate faces from your home being assessed for Care Fees.

• The risks your Estate faces from sideways disinheritance, divorce or creditors.
• The difference between a Beneficiary inheriting absolutely and a Beneficiary inheriting a beneficial interest in a Trust.
• Solutions to all of the above.

Lasting Powers of Attorney

We discussed Lasting Powers of Attorney for both Health & Welfare and Property & Financial Affairs, and the enormous impact not having these Powers in place should they be needed. The key point is that no adult has the legal right to act on behalf of another, irrespective of the relationship between them, unless appointed by the Court or if there is a registered Power of Attorney in place.

Having Powers of Attorney in place guarantees that in the event of one of you ‘losing capacity’ the other can make sure the right decisions are made in respect of Health & Welfare and that the family’s financial affairs remain under the sole control of the family.

My recommendation is that you both put both Powers of Attorney for Property & Financial Affairs and Health & Welfare in place immediately.

Care Fees Assessment

You are concerned that, having worked hard to purchase and pay for your home, it faces the significant risk of being financially assessed should you require Care later in life.

If you require Care and have assets valued over £14,250 (including the value of your home) you will be required to contribute to the cost of your Care, and if your assets are over £23,250 (including the value of your home) you will be required to fully fund your own Care.

This situation is exacerbated by you owning your home jointly, and in reality, because of the assets you have worked hard for, should you require Care in later life, you will be making a significant contribution towards the cost of that Care.

Risks to your Estate

Using ‘standard’ Will planning as you have now, where a Mirror arrangement leaves everything to the Spouse and then on to the next generation, exposes the Estate to significant risks:-

Sideways disinheritance – following the first death should the survivor remarry any existing Will becomes invalid. The death of the surviving Spouse in this situation would pass family assets to the new Spouse and not down the bloodline. The risk is equally present should the remarried partner subsequently divorce, with previous family assets potentially becoming subject to a divorce order.

Divorce – once an inheritance is received by a Beneficiary (the children/grandchildren) it is likely to form part of any subsequent divorce settlement and again part of the inheritance moves outside the bloodline.

Creditors – in a similar way, should a Beneficiary (the children/grandchildren) find themselves in financial difficulties, the whole of the inheritance may be taken by creditors.

Absolute inheritance vs. interest in a Trust

We discussed the difference between absolute inheritance and inheriting an interest in a Trust.

Using a Trust to control your Beneficiaries’ inheritance has a number of significant advantages over an absolute inheritance:-

• You can ensure that your wishes expressed in your Will are carried out irrespective of any future life changes after you have died.
• You are able to ‘change’ how your Beneficiaries inherit easily by changing your ‘Letter of Wishes’ – this is a much more simple process than rewriting a Will.
• The inheritance you pass to your Beneficiaries is protected from threats such as their divorce, attack from creditors should they get into financial difficulty, attack by the Local Authority to pay for Care Fees and also future Inheritance Tax.

Solutions - ‘Death’ Planning using Trusts

My recommendation is that you both make use of Trusts in your Bloodline Planning which places the assets of the deceased into Trust on their death rather than passing them directly to their chosen Beneficiaries.

This will ensure that IHT allowances are used on the death of the first of you, reducing the taxable Estate on the second death. This will ensure, based on your current assets, that no Inheritance Tax is payable. Clearly, should assets increase significantly in value or IHT reliefs change, tax could be payable in the future.

This provides significant protection from the risks detailed above including protection of the family home from assessment for Care Fees, as half a property cannot be sold should the remaining partner need care. The weakness of this planning is that if both partners need to go into care at the same time the main residence is vulnerable to assessment. This option provides significant protection from ‘the risks’ as on the first death the deceased passes their Estate to Trust whilst providing the survivor to benefit from those assets without the assets becoming part of the survivors Estate.

The children each inherit a beneficial interest in a Trust which cannot be taken from them in a divorce settlement, by creditors or by the Local Authority to pay for Care Fees. Furthermore, the interest inherited by them will not form part of their Estate for their own IHT – assets of the Trust sit outside their Estates for IHT purposes.

The components of ‘Death’ Planning using Trusts

A New Will each.

These new Wills are drafted to:-

• Replace your existing Wills if you have them.
• Appoint you both and if required, anyone else as Executors.
• Allow payment of funeral expenses.
• Distribute your personal Chattels by way of a memorandum which can be altered easily. This means that should you wish to change the recipients of your personal Chattels you do not need to draft a new Will.
• Distribute your Estate on your death (everything else up to the combined Nil Rate Band and Residential Nil Rate Band) into a NRB/RNRB Family Trust. This Trust can hold cash, investments and property and is designed to ensure that the new Residential Nil Rate Band is used correctly.

Change the basis of ownership of 1167 Morning Glory Circle.

Changing the basis to Tenants in Common will allow:-

• You each to own a specific ‘half’ of 1167 Morning Glory Circle.
• The transfer of your ‘half’ to Trust on your death, preventing it from being sold to pay for Care Fees and ensuring it passes to your beneficiaries protected from risk.
• Ensuring that the children will receive a beneficial interest in this ‘half’ whilst allowing the surviving Spouse to continue to live in the property until his or her death or move to another property under the same terms.

A Nil Rate Band/Residential Nil Rate Band Trust (NRB/RNRB Trust) within the Will each.

Your NRB/RNRB Trust is designed to:-

• Appoint each of you and anyone else required as Trustees.
• Receive the Estate of each of you on your death up to the amount of the combined Nil Rate Band and Residence Nil Rate Band – currently £325,000 plus £175,000, giving a potential total each of £500,000 before Inheritance Tax will be payable.
• Hold your Estate for the benefit of your surviving Spouse for as long as he or she may live, providing access in the same way as if you had left your Estate to them absolutely.
• Hold your Estate for the benefit of each other, the children, grandchildren etc.
• Distribute those assets to your chosen Beneficiaries at the discretion of the Trustees when required.
• Provide protection from future Inheritance Tax charges.
• Provide protection for your Beneficiaries from threats such as marriage after death, divorce or creditors.
• Provide protection from assessment for Care Fees for your main residence, and any other assets held in Trust, following the death of the first of you.

A Memorandum of Wishes each.

Your Memorandum of wishes is designed to:-

• Provide guidance and direction to your Trustees in respect of distributions from your Trust. It is this document that allows you total control even after you have died.
• Allow you to ensure that your Estate is distributed as you would wish following your death.
• Provide flexibility as it can easily be amended at any time – much more easily then drafting a new Will.

This Memorandum will be reviewed annually and amended if necessary.

Conclusion

The utilisation of Trusts in your Bloodline Planning will ensure that your hard-earned assets are retained within the bloodline for the benefit of future generations.

You retain control over your Estate completely and can change your wishes at any time. You can guarantee the children, grandchildren and any future generations will receive an inheritance from you as your main asset (your home) will be owned by a Trust and cannot be assessed and subsequently sold to pay for your Care Fees by the Local Authority. This benefit should not be undervalued as at an average of £950.00 per week your Estate could very quickly be depleted should you need care.

It will also protect those assets from the threats we discussed - divorce, creditors, future IHT etc.

Clearly, you do do this for a living! All the points you raise are valid concerns for anyone with an estate of any value really and although I'm sure you'd agree that it's not possible to predict every eventuality, a well-drafted will, supported by Memoranda of Intent and LPA's as you describe, helps to minimise difficulties for bereaved relatives at a time when they really do need a smooth path. This is especially true in cases of sudden death or where minor children's welfare is at stake.