What To Do Before You Die, and Avoiding Doing So

Many of the readers of this blog will not be in the springtime of their lives. They therefore might be susceptible to the coronavirus. I thought it was worthwhile therefore to cover how you can prepare for that eventuality. This is not a “bucket list” of things to do before you die but how to ensure your family and executors are prepared for the eventuality. As someone who has had a serious medical condition for many years, this is a subject I have spent some time on so probably have some expertise in the matter.

First make sure you have drawn up a will, and that it has been updated since there have been any changes in your life – for example new partners or offspring. Also check the appointed executors are still able and willing to act. It’s very worthwhile using a solicitor to help you draw up a will or revise one rather than trying to do it yourself. It’s one of the few bits of legal work that are usually low cost.

But there are several other additional documents you need to prepare. A “Letter of Wishes” for how you wish your personal chattels to be disposed of will be helpful to your executors. This can help to ensure that items of particular interest to your partner or children go to the right home. It can also be useful to cover what happens to cash in joint bank or deposit accounts to avoid any doubt.

One problem that is relatively new is what happens to “digital assets” such as internet accounts and associated log-ins. So it’s also helpful to provide a “Letter of Wishes – Digital Assets” that says something like this: “I hereby grant my executors under my will the right to access such digital asset accounts by using the log-ins and passwords mentioned and assigning the rights to use those assets to any person they see fit, or in the case where the accounts contain assets of value they are to be bequeathed under the terms of my will”. Obviously you also need to tell your executors where they can find all the account details and passwords.

A common problem for executors is actually locating all the assets of a deceased. You should therefore also provide a document that covers “What to do when I die” that spells out where they are. For example which brokers/platforms or banks hold the shares and cash or where the share certificates are held. This should also indicate what immediate cash can be accessed if your partner will need that in the short term, and perhaps what should be done with any share holdings, i.e. whether they should be liquidated or who will manage them going forward. In addition it should tell your executors where your will can be found.

The above covers the really bad news, but there are other things you should consider putting in place in case you don’t actually die but are incapacitated for some period of time. A “Lasting Power of Attorney for “Property and Financial Affairs” and for “Health and Welfare” are worth putting in place. These enable a partner or anyone else you appoint to financially administer your affairs and make decisions about personal care if you are unable to do so.

It is also worthwhile putting in place an Advance Medical Directive (Living Will) covering medical treatment. For example it can ensure that where there is little chance of survival or you may end up mentally incapacitated that medical treatment is halted rather than pursued. Tell your partner or offspring where the aforementioned documents can be found. In reality the chance of a Living Will being needed to be considered is relatively low and with the current state of the NHS they may not want to spend a lot of effort on keeping you alive, but you never know.  There are template Advance Medical Directives available on the internet.

Of course, one essential thing to do is to avoid catching coronavirus if you possibly can by self-isolating and avoiding contact with any other humans. One way to avoid meetings is to use conference calling facilities. I attended a discussion group meeting of investors last night using Zoom and it worked quite well. The group were generally rather pessimistic for the economy but they are often are. They had few new investment ideas with a number moving into cash. The difficulty is that it is not at all clear how long the epidemic will last and many businesses have closed down for the duration. The economic impact could be enormous and Government money creation and debt raising is of major concern. It could take some years for the economy to recover, with possibly higher taxes required.

US listed Zoom is just one of many video or telephone conference services, but according to one tweet I saw this morning, its stock market valuation is now 50% more than all listed US airlines! With EasyJet (EZJ) grounding its entire aircraft fleet today, you could probably include UK airlines in that calculation also. A UK competitor for Zoom is LoopUp (LOOP) in which I hold a very few shares. I have not done a detailed technical comparison of the respective products. Zoom certainly seems to be popular and has been growing rapidly as businesses move to video conferencing from telephone conference calls. These are relatively low-cost products but there is also Skype which is free. That works relatively well for one-to-one or small groups but I often find it not easy to use. It has a confusing user interface and is technically unreliable.

In summary, try to stay alive!

Roger Lawson (Twitter: https://twitter.com/RogerWLawson )

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Tesla, Unilever, EasyJet IT Write-Offs and Cash Holdings

The big news today is that the US Securities and Exchange Commission (SEC) have charged Tesla CEO Elon Musk with securities fraud. This charge relates to his comments on Twitter that he would likely be taking Tesla private. To quote from the SEC complaint: “Musk’s statements, disseminated via Twitter, falsely indicated that, should he so choose, it was virtually certain that he could take Tesla private at a purchase price that reflected a substantial premium over Tesla stock’s then current share price, that funding for this multi-billion dollar transaction had been secured, and that the only contingency was a shareholder vote. In truth and in fact, Musk had not even discussed, much less confirmed, key deal terms, including price, with any potential funding source”. Mr Musk vigorously rejected the charges, as did the company.

The full SEC complaint is here: https://www.sec.gov/litigation/complaints/2018/comp-pr2018-219.pdf

Comment: it is of course the oldest trick in the book if you are unhappy with the share price of your company to announce a potential bid from yourself or a third party. Making such an announcement via Twitter, if that was the motivation which has yet to be proven, would certainly be something new though. Making any announcements via Twitter is exceedingly risky and Tesla’s advisors must be tearing their hair out over this sequence of events. Who else if anyone reviewed the tweets before they were sent? Probably nobody I suspect. And anyone who uses Twitter will know it’s very easy to let typos, grammar errors and Spoonerisms creep in. Such important announcements should only be issued by the proper regulatory news channels. Elon Musk should have known better.

But if Elon Musk was forced to step down from Tesla, which might be the outcome, would it matter? I suspect not. The merit of Tesla as a company is in the technology in the cars which is still ahead of most potential electric car competitors. I have driven a Tesla Model S and it is a very good car indeed. But unfortunately my wife thinks I don’t need to buy expensive, flash cars to impress people any more so I’ll have to wait for the cheaper Model 3 to become available in the UK.

Unilever and Shareholder Voting

Unilever is planning to consolidate the two arms of the business in Holland, and drop the dual listing. UK shareholders would end up holding shares listed only in Holland, and as a result the dividends would be subject to Dutch withholding tax which is currently at the rate of 15%. Such taxes always cause problems although sometimes they can be refunded by submitting claims to do so. There is also the possibility that the withholding tax will be dropped. Another difficulty is that as Unilever is in the FTSE100, any funds running a FTSE-100 tracker would have to sell the shares. The Investors Chronicle ran a longish article on this subject and suggested it was a “no-brainer” for UK shareholders to vote against it.

But it seems that might be easier said than done. According to a report on Citywire, any shareholders in nominee accounts (i.e. in ISAs, SIPPs or other broker accounts – which means most UK shareholders now) will have to “rematerialize” their shares if they want to vote them, i.e. convert them to a paper share certificate. The company is not accepting votes submitted by nominee operators. Dematerialising shares is typically a costly and time-consuming process and is actually impossible to do if the shares are in an ISA or SIPP which have to be held in nominee form. This is truly outrageous news and any shareholders holding Unilever shares who wishes to oppose the move by the company should complain to the FCA, your Member of Parliament, the Company Chairman Marijn Dekkers, and anyone else you can think of.

[Postscript: the issue here seems to be the votes for the Court Hearing where the number of individual voters is taken into account. But for the shares held by a nominee operator, which may represent many thousands of underlying beneficial owners, only one vote would be counted even if it was submitted as there is only one holding on the register. ]

It has been reported that a number of institutions might oppose the unification of the company but it would certainly help to get retail shareholders voting.

Incidentally I attended a meeting today with Link Asset Services (one of the largest registrars) where the problem of retail shareholders not voting was discussed. I’ll write a separate blog post on that later.

EasyJet

If you recall, I mentioned previously the large expenditure on a “big-bang” IT project at Abcam which is clearly over-budget and over-time. That might have contributed to the 35% share price drop immediately after their recent preliminary results announcement. Now EasyJet have made a similar announcement today in their trading update. To quote: “…easyJet has now made the decision to change its approach to technology development through better utilisation and development of existing systems on a modular basis, rather than working towards a full replacement of our core commercial platform.  As a result of this change in approach, we are recognising a non-headline charge of around £65 million relating to IT investments and associated commitments we will no longer require. EasyJet will continue to invest in its digital and eCommerce layers that will enable it to continue to offer a leading innovative, revenue enhancing and customer friendly platform.”

That £65 million is no small sum and just shows you how IT is so critical to how businesses are managed in the modern world. Similar problems arose at TSB where they attempted to replace their old Lloyds systems with completely new software which was allegedly not adequately tested. But any IT professional will tell you that you cannot test and anticipate all the problems in a diverse customer environment ahead of going live with new technology. The NHS was another prime example of a “big-bang” approach to IT system development that ended up costing the Government, and us as taxpayers, at least £10 billion (that’s not a typo – it was ten billion and more). Evolution rather than revolution is the way to develop IT systems as EasyJet and Abcam seem to be learning, the hard way.

Cash Holdings

I suggested in a previous blog post that a newly available easy-access deposit account might be a suitable place to move cash from your stockbroking account to get a decent rate of interest rather than none. The problem of course is that most retail investors have most of their money in ISAs and SIPPs and taking cash out is problematic.

For ISAs, you may not realise that you can actually take cash out of a “flexible” ISA (which most ISAs are such as Stock & Share ISAs or Cash ISAs) and put it back in later. This was a recent change to the ISA regulations. However you can only do that within the same tax year without affecting your ISA allowance.

Roger Lawson (Twitter: https://twitter.com/RogerWLawson )

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