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Writing a will: your questions answered

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Here are some questions we are often asked about leaving money to a person with autism and making or updating wills.

>> Do I need to make a will?
>> How do I go about making or updating my will?
>> Why are gifts in wills so important to The National Autistic Society?
>> Who benefits from gifts left to NAS in wills?
>> What type of gift can I make?
>> If I leave a gift to the NAS in my will, can I specify how the money is used?
>> I would consider a gift to NAS but I don't want my family to miss out - what can I do?
>> Would the NAS like to know if I have left a gift in my will to them?
>> Can you suggest standard wording for including a gift to the NAS in my will?
>> Who should write my will?
>> Can I do anything before seeing a solicitor to make my will?
>> How often should I review my will?
>> Can a gift to a charity help me pay less tax?
>> Can the NAS be my executor or act as trustee for a trust?

Do I need to make a will?
If you die without writing a will (this is also known as being intestate), this may result in your estate not going where you would have wished. It doesn't cost very much to set up a will and doing so could avoid causing your loved ones problems in the event of your death.
How do I go about making or updating my will?
Before you make any decisions about your will, it is important to speak to a qualified solicitor, who can give you help and advice. There are a number of resources available to help you find the right legal support. If you would like to find out more about making a gift to us in your will, we will be happy to send you more information.
Why are gifts in wills so important to The National Autistic Society?
When someone leaves a gift in their will to The National Autistic Society (NAS) it takes us a step closer to a brighter future for people with autism. We want to work towards a future where everybody with autism, including Asperger syndrome, has the chance to lead a fulfilling life. Where they can be accepted for who they are and have all the specialist services and support they need to reach their potential. Gifts in wills can go towards any part of our work: making a long-term difference to people with autism by funding campaigns that raise awareness and understanding providing information, advice and support services; running befriending schemes; and many other crucial projects. As the NAS grows and changes in the years ahead we need the funds to support our ambitious projects, all of which aim to improve the lives of people with autism and their families.
Who benefits from gifts left to NAS in wills?
People like Addison, who is 13 years old and has Asperger syndrome. With the support of the NAS and his family he has transformed his life. Addison was severely bullied at his previous school and things got so bad that he was prescribed Prozac. The NAS team helped his mum, Jeanette, get him into a school for people with autism. Jeanette says: "The NAS gave us lots of good advice and so much support. Addy is now doing well at school, he has received an award for achievement and we are so proud of him. For the first time in his life he has true friends and lots of them." Now and in the future, gifts made to the NAS in wills play a vital part in our work with people affected by autism.
What type of gift can I make?
Gifts in a will are also sometimes called legacies or bequests. There are three different types of gifts that you can make: (1) A share of your estate, also known as a residuary gift: this is a proportion of your estate once all expenses, taxes, debts and any other outstanding concerns, such as legacies, have been paid. The remaining balance - which will increase in value as the value of your estate increases - can be divided between as few or as many people or organisations as you wish; (2) A specific item, also known as a pecuniary gift: this is a specific sum of money or a particular item. It is possible that this gift will decrease in value over time, so if you would like the value of your gift to remain constant, discuss this with your solicitor; and (3) A life interest, also known as a reversionary gift (or sometimes a life interest or a liferent): this is a gift you would like someone else to have use of for their lifetime, for example a house, money invested in a trust, or even stocks and shares, which upon their death passes to a different beneficiary. If you would like someone you care about to benefit from your assets during their lifetime and then for the gift to pass to NAS, a solicitor can tell you more about the options available to you. If you choose to make a gift to the NAS, any of these types of gifts could help to build a brighter future for people living with autism.
If I leave a gift to the NAS in my will, can I specify how the money is used?
It is usually better to leave a gift to 'general funds' as this allows your gift to go where it is most needed. As there may be a long time lapse between making a pledge in a will and the gift being realised, it is important that the terms of the bequest are not too restrictive. If you would like to leave a specific bequest, please call Wendy Bryan on 020 7923 5796 or email wendy.bryan@nas.org.uk
I would consider a gift to NAS but I don't want my family to miss out - what can I do?
The three main ways to leave a gift are 'residuary', 'pecuniary' and 'life interest', and there are some types of gifts that would be more suitable in this situation than others. For example, rather than leave a set amount of money (a pecuniary gift), you can decide to leave a share of what's left of your estate as a gift (a residuary gift). Or, you might leave something to your son or daughter with autism during their lifetime, such as property, after which it ultimately passes to the NAS.
Would the NAS like to know if I have left a gift in my will to them?
If you have remembered us in your will, we would be delighted to know and to have an opportunity to thank you now. We also understand that your will and its contents are a personal and sensitive matter and that you may not wish to share this information with us. You can use our pledge form to let us know if you have remembered us in your will - you'll find it on the right-hand side of this page. You don't have to give us any personal details on this form if you don't want to.
Can you suggest standard wording for including a gift to the NAS in my will?
Here is some suggested wording you can use. Standard wording for a pecuniary gift is: "I give devise and bequeath to The National Autistic Society registered charity number 269425 (in England and Wales) and SC039427 (in Scotland) of 393 City Road London EC1V 1NG the sum of £[ ] for its general charitable purpose and I declare that the receipt of the Secretary or other proper officer shall be a good and sufficient discharge therefor." For a residuary gift the standard wording is: "Subject as aforesaid I give devise and bequeath to The National Autistic Society registered charity number 269425 (in England and Wales) and SC039427 (in Scotland) of 393 City Road London EC1V 1NG the whole [or one quarter or 20% or chosen proportion] of my residuary estate for its general charitable purpose and I declare that the receipt of the Secretary or other proper officer shall be a good and sufficient discharge therefor."
Who should write my will?
Using a solicitor is the best way to make sure that your will is legally correct. It is particularly important when setting up a trust to leave money to a person with autism that you use a solicitor who has specialist knowledge in this area. You can find solicitors who have expertise in trusts and wills through the Law Society in your area or The Society of Trusts and Estates Practitioners - see the section 'Writing a will - useful contacts' on the page 'Leaving money to a person with autism'. They can provide details of solicitors who specialise in wills and probate, trusts and estates, and mental health and incapacity law. Alternatively, download our list of specialist solicitors here.
Can I do anything before seeing a solicitor to make my will?
It can be useful to make a list of your assets and to think about where you would like them to go to.
How often should I review my will?
It is good practice to review your will every few years, and every time your personal circumstances change, to make sure that your will is as up-to-date as it can be. If you have a trust set up for a person with autism, it is also important to take into account changes to regulations on state funding and rules for means testing. These may have an impact on any financial provision you have made.
Can a gift to a charity help me pay less tax?
Any gift you leave to a charity in your will is currently exempt from tax and can help in reducing the tax your estate pays. Her Majesty's Revenue and Customs (HMRC) or your solicitor can tell you the current thresholds for inheritance tax, which tend to change in April each year. The current threshold is £325,000. For more information, see the HMRC guide to inheritance tax thresholds at www.hmrc.gov.uk
Can the NAS be my executor or act as trustee for a trust?
The NAS is not able to act as an executor to your will or as a trustee for any trust. Most people generally appoint a friend, a family member or a firm of solicitors as executors. A beneficiary can also act as executor. The charity Mencap also offers a trustee service - find out more in the section 'Writing a will - useful contacts' on this page.