Wills

A Will is an official document that sets out how you would like your property and assets to be distributed amongst your family and friends after you have died. Many people believe that their immediate family will automatically inherit all that they own should they die without making a Will. In many situations this is not in fact true. If you have not prepared a Will your money and possessions will not automatically pass to those you consider to be your next of kin and there is a statutory limit on the amount of assets that will pass to a surviving spouse where the deceased leaves children. If you are not married, or in a civil partnership, your partner does not have an automatic right to the benefit of your estate.

By preparing a Will you can determine how your property is distributed after you have died. We encourage every person over the age of 18 years to not only make a Will but to regularly review this as they progress through their life. Our experienced staff are here to help you ensure that your wishes are made clear in this very important document and to ensure that you avoid the problems that can result should you die without a Will, and also to avoid the issues that can arise from a poorly drafted Will. We have the necessary expertise and experience to prepare a Will that will ensure your wishes are met.

We will meet with you to discuss your wishes and advise on how these are best achieved. We will estimate the value of your estate and advise as to whether you need to consider inheritance tax planning. We will discuss with you the appointment of your executors and who you wish to appoint as guardians of your children, if appropriate. We will prepare a draft Will for your perusal and once the contents have been approved by you we will supervise the witnessing of the Will. We will ensure that all the legal requirements in the preparation of a Will are adhered to in order to render the Will valid. If you wish we will retain your Will for safe-keeping and supply you with a copy.

We charge a fixed fee for the preparation of a simple Will. Where circumstances are more complicated we offer an initial fixed fee interview to discuss inheritance tax planning and Will Trusts if this is more appropriate to you.

Probate and administration of estates

Unless an estate is very small your personal representative will need to obtain a Grant of Representation from the Probate Registry showing their entitlement to deal with your estate. In most situations we will be able to tell you straight away if a grant of representation is needed. When you die significant duties and responsibilities fall on the executors of a Will and on the next of kin where there is no Will.

The period following a bereavement can be a difficult and emotional time and our experienced and sympathetic staff can take the administration burden away from the deceased's personal representatives. Where there is a valid Will we will make an application to the court for a grant of probate. If the person died without making a Will we will make an application for a grant of letters of administration. Before either a grant of probate or letters of administration can be applied for we will first need to ascertain the extent of the deceased's assets and liabilities. This will enable us to prepare the Inheritance Tax return on your behalf. This return must be completed prior to the personal representatives making an application for either the grant of probate or letters of administration. We will be able to quickly ascertain the likelihood of any inheritance tax payment and offer advice on the methods of payment that can be adopted.

Where we are appointed to administer the estate we will write to all beneficiaries and legatees named in the Will to notify them of their entitlements and outline the administration procedure. We will settle all debts and liabilities of the estate from the proceeds of the estate and arrange payment of the funeral account. Acting on your behalf, we will ensure that the deceased's affairs are wound up sensitively and efficiently, we can arrange the sale or transfer of assets and will carry out the day to day running of the estate during the probate period. Many clients choose to nominate us as executors when drawing up their Wills to ensure that their affairs are dealt with in a professional and practical manner.

If inheritance tax is payable we will ensure that once this liability is discharged we obtain the clearance certificate and that all tax matters are concluded. During the administration period we retain all receipts and documentation and prepare estate accounts for the personal representatives to approve. All costs incurred in respect of dealing with the administration of the estate are met from the estate.

Advising the elderly

We understand the problems and challenges encountered by the elderly. We can offer you both expert legal advice and practical advice on how to obtain the right pensions, claim benefits and on making the most of your savings and investments. We can offer advice on equity release schemes and the best ways to protect your assets in the event that you or your spouse require long term care.

Lasting powers of attorney

There may come a time when you are not able to deal with your own affairs or be able to make decisions for yourself. A lasting power of attorney is a powerful legal document that allows you to appoint a trusted person to be your attorney and to look after your affairs. There are two types of lasting powers of attorney. One relating to Property & Affairs and the other dealing with Personal Welfare. You can set up either or both of these. The documentation to be completed is complicated and detailed. We are able to offer appropriate legal advice and prepare the necessary documentation for you to register a power of attorney. In addition we are able to offer advice to an attorney or a prospective attorney on the requirements of the Mental Capacity Act and the relevant Code of Conduct.

Court of protection

We are able to advise and assist in a number of situations which affect those who might fall under the jurisdiction of the Court of Protection. This situation may arise where a person has lost the ability to manage their own affairs, for example as a result of the onset of dementia, following an accident or because their mental capacity is impeded in someway. An application will need to be made to the Court of Protection which has been set up to help people in such situations. The Court of Protection also has a supervisory function over people appointed to look after the financial affairs of another adult.