Wills
It is generally better to make a Will than not. Clients prepare their Will to clear their minds of worry that should they die suddenly their loved ones might not be taken care of or receive what is due.
If you do not make a Will, your estate will be disposed of under Intestacy rules. For example, if you are living with someone but not married to them, your estate will pass to your parents or brothers and sisters rather than to your cohabitee.
We will draw up a DRAFT copy of your Will for you. Once you have approved the draft, the Will itself will be printed.
The Will must be signed in the presence of 2 independent witnesses - people not otherwise mentioned in the Will as Beneficiaries, Executors or Trustees or their spouses.
Storing your Will
It is important your Will is stored in a safe place. Make sure that those who need to know about your Will can find it.
Probate
Probate refers to a legal document that identifies the person responsible for the estate of one who is deceased.
An official Grant of Probate is required to be able to access the assets of the deceased. For example, to sell a house or take possession of large sums of money in a bank account or insurance policies to recover.
A Will is required to obtain a Grant of Probate. Where there is no Will, the laws of Intestacy apply and the beneficiaries may apply for Letters of Administration, which has the same effect as Probate.
If the value of the estate is averagely less than £50,000.00, some organisations such as insurance companies and building societies may release the money to the beneficiaries at their discretion, without the need for Probate or Letters of Administration. This is called the Small Estates exempt procedure and usually the organisation just requires a form completed, which sometimes has to be signed in the presence of a Solicitor. The Solicitor will need to see the Death certificate of the deceased and evidence of identification of the person signing, such as passport and utility bills.
To check whether the estate is one where Inheritance Tax (IHT) is likely to be due, there is an on-line calculator provided by HM Revenue and Customs (HMRC). The current threshold for inheritance tax is £325,000.
Our Services
Our Probate team is made up of Solicitors (with 5 to 10 years’ experience) and Paralegals (with at least 5 years’ experience). The team is supervised by a Partner who has over 10 years’ experience working in Probate and Estate Administration.
Our team deals with matters of Probate such as:
- Administering estates whether or not the deceased left a Will
- Disputes under the Inheritance Act - claims by dependents
Our services across probate matters will include
- Provide you with a dedicated and experienced probate solicitor to work on your matter
- Identify the legally appointed executors or administrators and beneficiaries
- Accurately identify the type of Probate application you will require
- Obtain the relevant documents required to make the application
- Complete the Probate Application and the relevant HMRC forms
- Draft a legal oath for you to swear
- Make the application to the Probate Court on your behalf
- Obtain the Probate and securely send two copies to you
- Collect and distribute all assets in the estate
- Prepare a final estate account
