Wills And Probate

Wills

Planning for the future is essential but despite our best intentions this often gets side-lined in our busy lives.  Yet it is one of the most important things we can ever do. Many people delay thinking about making a will despite the fact that it is neither complicated nor expensive. Not only does it put our affairs in order, it makes sure our loved ones are looked after in the future.  If you are thinking about making a will or would like to discuss an existing will why not speak with one of our specialist wills solicitors. For more information about wills click here to see our Frequently Asked Questions About Wills.

Probate

Losing a loved one is difficult enough without having to worry about the legal and financial issues that go with it. Our team of probate lawyers will make the process easier for you by explaining how the law works in simple terms and guiding you through your options, clearly and sensitively. We provide a personal service to meet our clients’ needs and we can reduce the stress involved in coping with all of the legal, tax and administrative processes. We will help you administer the estate and anyc onnected trusts or settlements. We will ensure that you receive a professional and sympathetic service with the minimum of burden to family and other beneficiaries. For more information about probate click here to see our Frequently Asked Questions About Probate.

Lasting Power of Attorney

Having a Lasting Power of Attorney is just as important as having a will. Making a will is a way to ensure that your loved ones are taken care of when we are no longer here. But what about while you are still here? If you have an accident or became seriously ill and are unable to look after your affairs, who would look after them for you? There is a misconception that your spouse or adult child automatically has the right to look after your affairs. If you lose your mental capacity then your loved ones cannot automatically look after your affairs. Making a Lasting Power of Attorney ensures that you retain control of who makes decisions on your behalf in circumstances when you are unable to make decisions for yourself. For more information about Power of Attorney click here to see our Frequently Asked Questions About Power Of Attorney.

Court of Protection

If you are caring for someone who has lost capacity then you will need to make an application to the Court of Protection to be appointed as that person’s Deputy. Our Court of Protection experts provide legal advice and practical help to families, professionals, local authorities and charities working with and caring for those suffering from mental incapacity.  We offer a highly personalised and responsive service. The key areas our wills and probate solicitors can help with are:

• Wills and estate planning
• Probate and administration
• Trusts
• Lasting Powers of attorney
• Property
• Court of Protection
• Advice to elderly clients
• Lifetime discretionary trusts
• Inheritance disputes
• Litigation for administration of estates

Meet The Team

Robin Flett LLB(Hons)

Carla Neal BA(Hons)

Jon Heath MPhys, MA

Frequently Asked Questions About Wills

Why do I need a will?

Without a will the state decides who will inherit your assets, so your partner, relatives, friends and favourite charities may get nothing. It is important to make a will if you are not married or in a registered civil partnership. This is because the law does not automatically recognise cohabitants (partners who live together) as having the same rights as those who are married or in a civil partnership.  As such your partner may be left with nothing if you die without making a will, irrespective of the length of your relationship. It is essential that you make a will if you have minor children or dependants, so you can direct who should look after them and how they should be provided for. By making a will you can decide how your assets will be shared out.

How much will it cost?

A simple single will can cost as little as £99 inclusive of VAT and for couples wishing to make simple wills on identical terms prices start from £180 inclusive of VAT.  If your will is particularly complex you will be advised of the costs involved at our free initial consultation.

What will happen if I don’t make a will?

If you do not make a will, the state will direct who inherits your estate under the rules of intestacy.  It is a common misconception that in the event of your death, everything will pass automatically to your spouse/civil partner. If you die without any living relatives your estate will pass to the Crown. Without a will your estate will cost more and most certainly take longer to administer.

Do I need to use a solicitor?

No, but it is advisable to use a solicitor to ensure that your will has the desired effect.  It is easy to make mistakes when preparing a will, which can cause problems following your death. Sorting out misunderstandings and disputes after your death may result in considerable legal costs and delays, which will reduce the amount of money in the estate. Common mistakes include:

• Failure to follow the formal requirements to make a will valid
• Not disposing of all property resulting in a partial intestacy
• Failure to appoint appropriate persons (executors) to administer the estate
• Not taking into account the fact a beneficiary may predecease
• Being unaware of the effect of marriage, a registered civil partnership, divorce or dissolution of a civil partnership on a will
• Being unaware of potential claims against the estate which may result in the provisions of the will being overturned

We recommend that you use the services of a solicitor for making a will so that the finished document accurately reflects your wishes and there are no unpleasant surprises for your loved ones later on. Carla Nealhas been awarded the STEP certificate in Will Preparation. The certificate is the first of its kind and is designed with the aim of developing the trusted will draftsman who can demonstrate through qualification that they have the knowledge and skills to provide an excellent service to their clients, whatever the client’s needs and circumstances. The qualification signifies that Carla possesses the breadth and depth of knowledge to ask the right questions and to advise appropriately.

Frequently Asked Questions About Probate

What does Probate mean?

‘Probate’ is a term frequently used when talking about applying for the right to deal with a deceased person’s affairs. It may also be called ‘administering the estate’.

Who is responsible for dealing with an estate?

If the deceased left a will then the persons named in the will as executors are responsible for dealing with the deceased’s affairs.  The executor(s) will apply for a ‘grant of probate’ from a section of the court known as the probate registry. The grant is a legal document which confirms that the executor(s) have the authority to deal with the deceased person’s assets (property, money and possessions). If the estate is small it may not be necessary to apply for a grant of probate. If there is no will, then the persons entitled to the estate in accordance with the laws of intestacy may apply to the probate registry to deal with the estate.  In this case the persons with responsibility for the estate are called administrators and they will apply to the probate registry for a ‘grant of letters of administration’.  Like the grant of probate, the grant of letters of administration is a legal document which confirms the administrators’ authority to deal with the deceased person’s assets

What is involved?

The following are steps that must be taken when dealing with the administration of an estate

• Liaising with all executors/administrators at each and every stage of the administration of the estate
• Corresponding with all beneficiaries
• Contacting the deceased’s bank, financial institutions and other non-property asset holders to inform of the death and to obtain valuations
• Completing Inheritance Tax Form IHT205 or IHT400 as necessary
• Handling payment correspondence with the funeral directors
• Dealing with all correspondence with the Inland Revenue and making sure all taxes are paid as appropriate including completion of form R27
• Dealing with switching off and cancelling utilities and insurance on vacant property
• Arranging valuations of personal chattels (e.g. furniture) and assets (e.g. shares, property) as required
• Liaising with employers or the Department of Work and Pensions in regards to any income received in the tax year and ensuring any rebate is received
• Placing statutory notices in the London Gazette and a local newspaper
• Arranging the sale or transfer of any property owned by the deceased
• Preparing final estate accounts to be agreed by all executors/administrators and thereafter accounting to the residuary beneficiaries as required
• Carrying out bankruptcy searches on all beneficiaries
• Obtaining receipts from all beneficiaries

Is a grant always needed?

A grant is usually required in most cases where the estate consists of one or more of the following items:

• stocks or shares
• certain insurance policies
• property or land held in the deceased’s sole name or in joint names as ‘tenants in common’

A grant may not be needed where the deceased left less than £5,000.00 and/or held everything jointly with someone else and everything passes automatically to the surviving joint owner.

How long does it take?

This will depend upon the complexity of the case but it should normally be possible to apply for the grant of representation within three months of the date of death. If the estate is complex, for example, if it involves payment of inheritance tax or foreign assets, it is likely to take longer than three months to obtain a grant. If inheritance tax is payable this must be paid before the grant will be issued by the probate registry.  Once any inheritance tax liability has been settled the probate registry will usually issue the grant within ten working days. We are usually able to finalise an estate three to six months after obtaining the grant.  However, the matter may take longer for example, if we have to deal with the sale of a property, foreign assets, private company shares or complex tax issues.

Why should I use a solicitor?

There are a number of reasons why you might wish to instruct a solicitor to deal with the estate on your behalf:

• You will be dealing with the loss of a loved one
• There may be family disputes and appointing a solicitor who can offer impartiality and professionalism may aid the situation
• Executors are personally liable to the creditors and beneficiaries of the estate, therefore if you make a mistake you will have to put things right out of your own pocket.  Solicitors are used to handling this type of work and in the unlikely event that they do make a mistake, they are insured.
• A solicitor will be able to provide professional help and guidance throughout the matter

How much will it cost?

This will depend on the level of involvement you require from your solicitor. If you feel confident in dealing with the financial institutions and creditors of the estate, then you may simply wish to instruct a solicitor to obtain the grant of representation on your behalf.  Once the grant is issued you will then be responsible for collecting in the assets and distributing in accordance with the terms of the will or rules of intestacy. If you wish to instruct us to obtain the grant only, then our fees are fixed at £500 plus VAT and disbursements (such as court fees).  Disbursements usually amount to approximately £75.  We will require full details of the assets and liabilities from you at our initial meeting. If you wish for us to deal with the entire administration then our fees will be charged on a time and cost basis.  At our initial meeting we will require full details of the assets and liabilities of the estate in order that we may provide you with an estimate as to the likely cost of your case.

Frequently Asked Questions About Power Of Attorney

What is a Power of Attorney?

A Power of Attorney is a legal document which appoints someone you trust to be an ‘attorney’ who can make decisions on your behalf.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) goes further than an ordinary Power of Attorney as it continues (‘lasts’) even after you are no longer able to manage your own affairs.  The incapacity may be permanent or temporary as a result of illness, accident or disability.

What decisions can an Attorney make?

There are two types of LPA which allow your attorneys to make decisions in relation to your:

• Health and Welfare – such as where you live, who visits you and the type of care you receive
• Property and Finances -  will allow your attorney to run your bank and savings accounts, make decisions regarding investments and spend your money

Your attorney when exercising their powers must have regard to the Mental Capacity Act 2005, which states:

• They must assume you can make your own decisions unless it is established that you cannot
• Your attorney must help you to make as many of your own decisions as you can
• Your attorney must not treat you as unable to make decisions simply because you make an unwise decision
• Your attorney must make decisions and act in your best interests when you are unable to make the decision in question.
• Before making a decision your attorney must consider whether they can make the decision or act in a way that is less restrictive of your rights and freedom

When can an Attorney act?

Once your LPA has been registered with the Office of the Public Guardian, your attorneys may make decisions on your behalf. An LPA for Health and Welfare may only be used by your attorney in circumstances where you lack capacity.  However an LPA for Property and Finances will allow your attorney to make decisions when you have mental capacity and when you lack capacity unless you choose to place a restriction on your attorney’s powers.

I have an Enduring Power of Attorney. Is this still valid?

Yes, although an Enduring Power of Attorney only relates to your financial affairs, so if you would like to empower your Attorney to make decisions regarding your Health and Welfare you will require an LPA for Health and Welfare.

What happens if I don’t have an LPA?

If you are unable to manage your own affairs and you do not have an LPA then an application will need to be made to the Court of Protection.  The court may either choose to make the decision itself on your behalf or choose someone else, known as your ‘Deputy’, to make decisions for you. Where a Deputy is appointed by the court in relation to your financial affairs on an ongoing basis, the Deputy will be required to keep accounts, enter in to a security bond and report to the Office of the Public Guardian.

How much does it cost?

Power Of Attorney

* Fee remissions and exemptions are available. Please ask us for further details.

Court of Protection

Solicitors fees are set by the Court of Protection. Our fee for work up to and including the date on which the first general/short order is made is fixed at £850 plus VAT.  A court fee of £400 will apply upon application to the Court of Protection unless you are entitled to a fee remission or exemption.