Wills and Probate

Carys Divall is the head of department

Wills

Getting your Will right is too important to get wrong. If you die without making a Will, you will die Intestate – that means the state decides who will get your money. We can provide a comprehensive advice and assistance to get your Will right, which is drafted in modern English.

A good Will can;

  • Ensure your property goes to the right people, hopefully avoiding family disputes.
  • Say who you want to look after the children/people with special needs and how they will be looked after. It will also say when they should get their money.
  • Make proper provision for your spouse.
  • Appoint people you trust to be Executors (they administer the estate).
  • Ensure you don’t pay too much tax.
  • Give money to your favourite charities.

Even if you have a Will, you might want to consider updating it if:

  • You have bought a new house.
  • you have a new spouse.
  • You have new children.
  • You have a terminal illness.

Probate

We can act for Executors, Beneficiaries or other party with an interest in the Estate of a person who has passed away.

Probate means administering the Estate of the deceased person. The process is normally as follows:

  1. Applying for probate: Once we have the death certificate, we will start this process. We will need to gather all the available information concerning the estate and then fill in a long form. Once the form is ready to be filed, we will file this with the probate office along with the will.
  2. Grant of probate: once the probate office is happy with the application, they will grant probate, notice of the probate must be given to all interested parties, including heirs, beneficiaries, and creditors. This ensures that all relevant parties are aware of the probate and have an opportunity to make any claims or objections.
  3. Tax: Paying Inheritance Tax to HM Revenue & Customs (HMRC) where applicable and submitting the Inheritance Tax return. Then applying to the Probate Registry for the grant of representation. This is a document confirming who has the legal authority to administer the estate.
  4. Settling liabilities: After the grant of representation has been issued by the Probate Registry, liquidating (selling) the deceased’s assets, settling their liabilities, paying the final estate administration expenses and accounting to HMRC for any further Inheritance Tax, Income Tax or Capital Gains Tax due to or from the estate.
  5. Accounts: Preparing estate accounts for all payments into and out of the estate, and showing the balance left for distribution to the beneficiaries. Sending the estate accounts to the personal representatives (such as the executor in the will) for approval.
  6. Distribution of assets: Providing there are no challenges to the estate or other complicating factors that prevent distribution, the final phase will involve transferring assets to the beneficiaries (if they want to keep these), and distributing the balance of the estate in line with the terms of the will.

Lasting Power of Attorney (LPA)

Life is unpredictable, but your peace of mind doesn’t have to be. A Lasting Power of Attorney (LPA) is one of the most important decisions you can make for your future. Here are the key reasons why you need one:

  • Protect Your Health & Well-being – If you become unable to make medical decisions for yourself, an LPA lets you appoint someone you trust to make choices that align with your wishes. This ensures your healthcare and medical treatment are in the right hands.
  • Secure Your Financial Future – An LPA can also appoint someone to manage your financial affairs. Whether it’s paying bills, managing investments, or overseeing your assets, your financial well-being will stay protected, even if you’re no longer able to manage it yourself.
  • Peace of Mind for Your Loved Ones – Without an LPA, your family may have to go through a lengthy legal process to make decisions on your behalf. An LPA saves them time, stress, and potential disagreements, making sure your wishes are clear and respected.
  • Empower Your Voice, Even When You Can’t Speak – By putting an LPA in place, you’re giving yourself the power to determine who will act for you, ensuring that your decisions are made by those who know you best and will respect your preferences.
  • Plan Ahead – Be Prepared – No one can predict the future, but a Lasting Power of Attorney gives you control over what happens when you can’t manage things yourself. It’s about safeguarding your future while you’re able to make the decision.

Fees

We can offer the following fees:

  • Initial meeting: £150 + VAT.
  • Preparation of probate application and administration of estate: 1-3% of the value of the estate.
  • Single Will – Appointment to take instructions and drafting of the will: £250.00 + VAT
  • Mirror Wills – Appointment to take instructions and drafting of the wills: £350 + VAT
  • Lasting Power of Attorney – £200 + VAT professional fees for a single LPA or £300 + VAT for both Financial and Health. The Office of the Public Guardian charges £82 per LPA for registration. If you are in receipt of certain benefits you may be eligible for a reduction or full exemption of the registration fees.