Most people assume that if you do not have a will, your possessions and money will automatically pass to your wife, husband, partner or children. But that is not necessarily true.
If you do not have a will, the law decides who gets what and your estate may not be divided between the family or friends that you would have chosen.
From just £150*
Easier for your family or friends to carry out your wishes
A will makes it easier for your family or friends to carry out your wishes when you pass away as, without a Will, the process may be more time-consuming and stressful.
Reduce the amount of inheritance tax
A will can also help reduce the amount of inheritance tax that might be payable on the value of your property and other assets which you leave for your beneficiaries.
If you have children or other family who depend on you financially
Family who depend on you financially or if you want to leave something to people outside your immediate family may have to go to court to decide who takes care of your children after your death if you do not have a will.
Offer home, hospital or hospice visits
Since the Covid pandemic and the reluctance of some nursing staff to act as a second witness to the signing of a will we are no longer undertaking out of office visits for a will to a hospital or care home.
Probate
If you are named as an executor of a will, you may need to apply for a Grant of Probate which is an official document obtained from HM Probate Registry which ensures that the executors can proceed with the administration of the estate. If there is no will, then the next of kin of a deceased person needs to apply for a Grant of Letters of Administration which again is issued by HM Probate Registry.
The person to whom Letters of Administration is granted is known as the administrator and once the grant is issued the administrator then has the legal right to deal with the affairs of the person who has died. We are able to offer a comprehensive service in relation to probate and estate cases and can advise both in relation to obtaining a Grant of Probate or Grant of Letters of Administration in respect of an estate and thereafter administering the estate by assisting the executor or administrator in connection with the gathering in of assets and their eventual distribution to beneficiaries. We are able to supply a full estimate of legal costs and Court fees on request.
Lasting Power of Attorney
We are able to provide advice in respect of the preparation and registration of Lasting Powers of Attorney whether in respect of financial decisions or health and care decisions.
It is important to consider how your family would deal with matters should you become mentally or physically incapable in the future of administering your own affairs. In making a Lasting Power of Attorney you are able to provide legal authority to a chosen person or persons to be able to speak for you and to act in your best interests even if you have become incapable.
We are able to assist in the preparation of a Lasting Power of Attorney document and thereafter with its registration with the Office of the Public Guardian to ensure that the document is valid and can be utilised in circumstances where you are not able to administer your own finances or to take decisions in respect of our health care any longer.
When the Lasting Power of Attorney is registered with the Office of the Public Guardian there is a fee payable to the court of £82.00 per application. We would be pleased to supply an estimate of our legal costs in respect of the preparation of Lasting Powers of Attorney documentation on request.
