Wills & Probate

The steps involved in estate administration are as follows:

Applying for a grant of probate at the district probate registry (if there is a will)

Applying for a grant of letters of administration (if there is no will)

Valuing the estate and reporting it to HMRC

Collecting the assets of the deceased including money after the sale of property or shares

Paying off all debts including utility bills

Keeping a record of how the estate will be divided amongst the beneficiaries

Passing the relevant assets to the beneficiaries

Dealing with the tax consequences of the person’s death, including considering capital gains tax, inheritance tax and income tax for the last period of the deceased’s life, and the administration period.

Paying any inheritance tax due

Last will and testament on yellowish paper with wooden judge's gavel; document is mock-up

Wills

Writing a will is one of the most important things you can do. It allows you to leave your money, possessions and property to those that you wish to benefit in the event of death. If you die without making a will, it can lead to unintended financial disputes and emotional distress for your family.

We provide comprehensive advice and drafting services for the preparation of your will to ensure that your estate is left as you intend it to be divided amongst your beneficiaries.

If you die without making a will, you would be considered ‘intestate’ which means that your estate would be divided based on the prescribed intestacy rules. This can often lead to family disputes and assets passing to individuals whom you may not have wished to benefit from your estate.

A will enables you to:

The things you should think about before making a will are:

Choose people whom you like and trust to carry out your wishes as set out in your will

Make proper provision for your spouse or partner

Provide financial protection for your children

Appoint guardians to look after your children’s welfare until they reach adulthood

Provide protection and support for an individual who may have special needs

Ensure that the tax payable on your death is no more than is necessary

It is important that you review your will as your circumstances change. Life events such as marriage, divorce and the death of a loved one would no doubt affect whom you wish to benefit from your will.

You may also wish to update your will when your children reach adulthood, the birth of a grandchild/ren and the breakup of an adult child’s marriage.

The things you should think about before making a will are:

Executors – whom would I like to appoint to follow the terms of my will after my death?

Guardians – Do I need to appoint a guardian to look after my infant children?

Legacies – would I like to make any specific bequests to named individuals or to charitable organisations?

Residue – whom would I like to inherit all of the remainder of my estate?

Age of entitlement – if I would like my children and/or grandchildren to inherit from my Estate at what age should they be entitled to receive their inheritance?

Powers of attorney

We can assist you with the preparation of a power of attorney whether you wish to authorise an attorney to conduct a transaction on your behalf such as the sale or transfer of a property or whether you wish to appoint an attorney in the event you no longer having the mental capacity to make decisions for yourself.

By making a power of attorney you can ensure that any actions to be taken on your behalf are taken by a person of your choice and based on your instructions.

Lasting powers of attorney are legal documents which would allow someone you trust to make decisions on your behalf regarding your health, care or finances at a time when you lack the mental capacity to make those decisions yourself.

Types of lasting power of attorneys

There are two different forms of lasting power of attorneys that can be made. One deals with your property and financial affairs. The other deals with your health and welfare issues.

Lasting powers of attorney must be registered with the office of the public guardian before they become legally binding documents.

If a situation arises where you no longer have the capacity and you have not made a lasting power of attorney, it may be necessary to make an application to the courts in order to decide on your behalf. This could potentially lead to a decision that you would not have wished to take and can involve substantial unnecessary costs being incurred.

Wills, probate and powers of attorney

Probate and estate administration

The steps involved in estate administration are as follows:

Contact us

Wills

A will enables you to:

The things you should think about before making a will are:

The things you should think about before making a will are:

The things you should think about before making a will are:

The things you should think about before making a will are:

The things you should think about before making a will are:

Contact us

Powers of attorney

Types of lasting power of attorneys

Contact us

Wills, probate and powers of attorney

Probate and estate administration

The steps involved in estate administration are as follows:

Contact us

Wills

A will enables you to:

The things you should think about before making a will are:

The things you should think about before making a will are:

The things you should think about before making a will are:

The things you should think about before making a will are:

The things you should think about before making a will are:

Contact us

Powers of attorney

Types of lasting power of attorneys

Contact us

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