Wills, Probate & Lasting Power of Attorney

We understand that discussing your Will can be a difficult topic so we offer an initial meeting to take your instructions. We will provide you with a draft will for approval, which we can alter as many times as necessary in order to get it right for you. Once you are happy with the Will we will prepare a final bound copy for you to sign. Where this firm are appointed as Executors of the will, we will store you will securely for you at no extra cost.

We also offer Probate services and Lasting Power Of Attorney. If you would like any information please ring to speak with a member of our team who will be happy to assist you further.

Wills

If you die without making a Will your estate will be distributed according to the laws of intestacy, which determine who inherits your estate and in what proportions. The absence of a Will can cause huge problems, heartbreak and financial hardship for your family at the worst possible time.

For a small investment of your time and money you can avoid this and have a Will written that protects your loved ones, ensures your wishes are carried out and gives you peace of mind that your estate will be distributed to your intended beneficiaries.

Q) What do I do if there is no will?

If a person dies without a Will their estate will be distributed in accordance with the “Intestacy” Laws. The deceased’s next of kin is entitled to apply for a Grant of Administration to allow them to deal with the administration of the estate. An unmarried partner is NOT recognised as next of kin so cannot deal with the administration of the estate and is NOT entitled to automatically benefit from the estate either.

Q) What are the rules of intestacy?

The rules surrounding intestacy are complex and you should seek independent legal advice before dealing with an intestate estate. Who gets what depends on your marital status at the date of death and whether you have any children. In summary:

• Unmarried – your partner is not entitled to inherit anything.
• Married with no children – your spouse is entitled to inherit your entire estate.
• Married with a child or children – your spouse gets the first £250,000.

The remainder of the estate will be shared as follows:

• the husband, wife or civil partner gets an absolute interest in half of the remainder.
• the other half is then divided equally between the surviving children.

Q) I don’t have a Will but would like to make one. What do I need to bring to my appointment?

We will need to see proof of your identity, so please bring your passport and driving licence.

Our estimated fees for the preparation of a Will is £295.00 + VAT

Grants of Probate

This is an area of work that we have considerable experience in and it can take away the stress that comes with the bereavement of a loved one.

We are unable to advise on how long the process with take from start to finish as it will depend on the size of the estate and the individual circumstances. For example if there is one beneficiary and no property, work will be completed quicker than an estate where there are multiple properties, stocks and shares, multi bank accounts and multi beneficiaries which will take longer as it will take considerably longer to collate information in respect of the value of the estate, to collect funds and to distribute to beneficiaries.

We will handle the full process for you which will involve:-

Obtaining information in respect of the estate, this involves writing to all organisations to ascertain the total value of the deceased’s assets and liabilities at the time of death, completing HM Revenue and Customs forms, applying for the grant and distributing the assets in accordance with the will and reporting to Executors throughout the process.

Our estimated fees are 3% of the gross value of the estate.

If any work is undertaken other than our normal legal work requirements, such as property maintenance, house clearance,  renovations together with other related work involved in being a sole executor our fees are likely to be increased.

In addition there are disbursement fees payable, these are costs related to your matter that are payable to third parties, such as court fees. With the exception of Swearing of the Oath we handle the payment on your behalf to ensure a smooth process, the current cost of these disbursements are:-

• HM Courts & Tribunal Services Probate application fee of £tbc plus 50p for each additional copy of the Grant required.
• Swearing of the Oath (per Executor) this is a fee payable to an independent third party solicitor the fee can be between £7 - £12 payable directly by Executors at the time of swearing.
• Notice in the London Gazette, this protects against unexpected claims from unknown creditors £79.00 approximately.
• Notice in the Birmingham Post, this also helps to protect against unexpected claims £101.00 approximately.
• Bank Transfer fees for payments to beneficiaries who live and hold bank accounts outside of the UK, current costs £21.00 per transaction.

Dealing with the sale and transfer of any property in the estate is not included in this fees this will be separate transactions for which additional fees will be incurred.

Lasting Power of Attorney

We can assist you in obtaining Lasting Power of Attorney for both Health & Care and Financial decisions. Our services includes meeting with you to take your initial instructions, preparation of appropriate forms for signing in our presence, liaison with your Attorneys (those you trust and nominate to be included in your LPA). Submitting the forms to the Office of the Public Guardian and keeping you updated throughout the process. Our estimated fees for obtaining both LPA’s on your behalf is £860 + VAT + registration fee of £82.00 for each form being registered.