Wills and Probate

Contact a member of our team today for advice including:

• Wills
• Inheritance and Will disputes
• Lasting Powers of Attorney
• Court of Protection Orders
• Probate and Estate Administration

Wills
Putting our will together is something we never look forward to, and it’s an important job that can be easy to put off.

It is never too early to make arrangements and manage your business affairs in the event of your death. Making a will now can save further heartache for your loved ones and prevent any disputes arising during a difficult time. Don’t worry, we’re here to help.

Do I need to write a Will?
No matter your age or how healthy you are, having a will in place is crucial, just in case the worst happens. It’s easy to assume that, if you pass away without a will, your next of kin will inherit everything. This is not a guarantee, and even if your estate is passed to them, there may be inheritance tax to pay, which can leave your spouse or closest family members in financial difficulty.

Our Probate lawyers provide a full will drafting service and are able to advise you on basic tax planning matters, inheritance tax, and the various ways in which you can hold property to maximise your tax allowances.

When should I Update my Will?
Once you’ve written your will, it’s just as important to keep it up to date. Every time you have financial or other significant changes in life, such as a promotion at work or buying a new car, you should review/update your will to keep your assets secure.

If you are unsure when to update your will, ask yourself the following questions:

• If you made a will years ago, is it still relevant to your current circumstances?
• Were you advised to make a discretionary will in the past? The law regarding this type of will has changed, meaning it might not be what you need now.
• Do you or your spouse have children from a previous marriage or relationship? Without clearly stating so in your will, they will receive less of your joint assets.
• Do you or your spouse have a disability or health condition that will require long term, professional care in the future? If so, a properly drawn will may ensure that a significant part of your assets go to your children or other family members and won’t be tied up funding retirement home fees indefinitely.
• Do you have a child with special needs? If so, you may wish to set up a trust in your will, to ensure they are looked after and provided for in the future.

How much does writing a Will Cost?
The cost of writing your will depends on the type of will that suits you best. Here are our current prices:

Basic Single Will - £150 plus vat, totalling £180
Basic Mirror Wills - £250 plus vat, totalling £300
Single Life Interest Trust Will - £300 plus vat, totalling £360
Couple Life Interest Trust Wills - £450 plus vat, totalling £540
Single Discretionary Trust Will - £500 plus vat, totalling £600
Couple Discretionary Trust Will - £750 plus vat, totalling £900

As well as providing will services and preparing lasting powers of attorney, we also provide specialist legal services on registering Enduring Powers of Attorney and on full applications to the Court of Protection (where a person loses mental capacity but there is no Lasting Power of Attorney in place (see relevant information pages.)

More and more people are now becoming proactive in terms of planning for their old age; we are happy to be part of that planning process. We also provide advice on Inheritance Tax issues, protecting the home and minimising residential home/nursing home fees.

Probate and Estate Administration
What is the probate process and how much does it cost?

In simple terms, the probate process consists of the following stages:

• Obtaining a Grant of Probate/Letters of Administration
• Collecting all assets of the estate
• Discharging all liabilities of the estate
• Preparing Estate and Distribution Accounts
• Distributing legacies to any and all beneficiaries

The exact cost of the probate process depends greatly on the circumstances of the deceased, including how they died and what assets they have to distribute. To make it easier to understand, we have outlined the four stages of obtaining a probate below.

Obtaining a Grant of Probate and/or Letters of Administration
Our fees to just obtain a Grant in an estate are: £595 + vat along with Court fees.

We will handle this process for you. However, the above quote only applies in these circumstances:

• The estate is relatively simple
• There is a valid will, or a straightforward intestacy claim in the absence of a will
• There is no inheritance tax payable, and the executors do not need to submit a full account to HMRC

If, however, you require a grant and the more in depth account is required for HMRC and inheritance tax is payable then our fees are £995 plus vat.

Disbursements included in these fees:

• Probate court application fee of £273

As part of our fixed fee we will:

• 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
• For the probate application, we rely on information provided by you to us in respect of the value of each asset and liability at the date of death.
• Complete the Probate Application and the relevant HMRC forms for your approval
• Make the application to the Probate Court on your behalf including obtaining the Grant.

How long does it take to receive a Grant of Probate/Letters of Administration
If the application is submitted in a timely manner with no major delays, it will take around 22 weeks from submission for the grant of probate/Letters of Administration to be issued.

Once in receipt of the Grant of Probate/Letters of Administration, we will forward the documents to you so that you can proceed to deal with the collection and distribution of the estate.

Obtaining a Grant of Probate/Letters of Administration and dealing with the full Administration of the Estate.