whatever you're going through, we'll get you through it
WILLS AND PROBATE
WILLS
Always remember your will is the best and probably the only way of controlling your money after you have died.
It is surprising how many people put off making their will. Perhaps they feel it's not worth it. Sometimes they are frightened that it may become some kind of omen.
Remember, if you don't make a will you will have no control over what happens to your assets after you have died. They will be distributed strictly according to the laws of intestacy, based on what family and relatives you have. If you have none, your assets might even go to the Crown — or if you are in Cornwall, to the Duchy.
We will prepare your will speedily, using clear plain language wherever possible, to ensure that what you want to happen to your assets in fact does.
I am getting married.
Do I need to make
a new will?
Yes. An existing will become invalid on marriage unless it says it was made 'in contemplation of marriage'.
I am getting divorced.
Should I make a will?
Yes. Until the divorce is finalised, on Decree Absolute, your spouse may get half — or even all — of your estate if you have not made a will. After your Decree Absolute your former spouse is not entitled to anything under the will.
What will making a will cost me?
A straightforward will costs about £106 including VAT but of course the costs increase with the complexity of the will.
Enduring Power
of Attorney
We also recommend that, at the same time, you create an Enduring Power of Attorney. This will protect you if, but only if, circumstances arise where you are unable to manage your own affairs. The additional cost is modest at the moment but as from 1 October 2007 the rules concerning Power of Attorneys change. Please contact us for further details.
PROBATE
When someone dies leaving a will, his or her Executors, are appointed to deal with the estate. If there is no will this will fall to the next of kin. They will have to deal with all the assets, pay the funeral account and any other outstanding debts. They then distribute the balance according to the will, or the laws of intestacy, as the case may be.
Sounds simple? Maybe, but often there is a property to value and to sell or pass on and insurance policies or savings accounts to redeem. When all this has been done there will have to be contact with the Probate Registry and maybe the Inland Revenue.
Our experience will help with these problems and remove the burden from you at a sad time.
Can I take out a Grant of
Probate myself?
Yes, but the process can be complicated and time consuming.
How long will it take?
This really depends on the value of the estate and how long it takes third parties to deal with the valuations, queries, redemption of the assets, or whether there is a property or a business to sell, as well as any dealings with the Inland Revenue. All this takes time, so it is impossible to be precise. We will ensure that everything is done in the minimum time possible.
Is it expensive?
Unfortunately it can be. It will depend on the size and value of the estate and the time taken to deal with everything.
When we know what is involved we will be able to give you our best estimate.
You can get in touch by using the form below if you'd like to.
Naturally all your details are held in the strictest confidence.