|
 Probate
Are you an Executor or beneficiary under a will ? Do you need assistance with the Administration of the deceased estate ? If the answer is yes – we can do this for you.
Probate is the process of officially proving the validity of a will, or if a person dies without leaving a will they have died intestate in which case the grant is called 'letters of administration'.
Our services include:-
- Commissioner for Oaths
- Affidavits and Declarations for use in probate
- Wills
- Discretionary Trusts
- Probate
- Enduring Power of Attorney
- Court of Protection Work
- Elderly Client Care
We can be of assistance in obtaining a Grant of Probate
Is a grant needed in all cases? - No.
- It may not be necessary to obtain a grant where a home is held in joint names and is passing by survivorship to the other joint owner.
- Where a joint bank or building society account is held, production of a death certificate may be sufficient for the monies to be transferred to the joint holder.
- Certain institutions may release monies without a grant being produced if the amount held by the deceased was small. Apply to the institutions to see if they will release monies without a grant.
If the above circumstances do not apply or if the institutions concerned inform you that a grant is required.
Please contact us.
What is the purpose of the Grant of Probate?
The grant is proof that the person or persons named in it are entitled to collect in and distribute the monies or other assets of the deceased and may be produced to those organisations (banks, building societies, etc.) holding such assets.
What is a grant of probate/letters of administration?
A legal document which allows the person or persons named in it to collect in and distribute the estate (property, money, possessions etc.) of the deceased.
Wills
WHY SHOULD I MAKE A WILL?
A correctly drawn up and witnessed Will is the only legally binding way to ensure that your wishes about your assets, money and possessions will be carried out after your death. How else can anyone be certain exactly what your intentions were?
A Will ensures that whatever you have to leave will be distributed to suit the circumstances which you know best, and which you are best able to plan for. Leaving the decisions to the State through the Rules of Intestacy could cause real financial hardship and is certain to cause unnecessary delay, cost, and additional emotional problems, at the worst possible time.
It is your responsibility, for the sake of your family or dependants, to take this simple step, which will also give you peace of mind that you have done everything you can.
You may wonder why you need a Will. Perhaps you assume that everything you own will go to your husband, wife or partner, or perhaps you believe you have nothing to leave anyway. Well, there are two surprises in store. The fact is that without a Will, the law says who gets what and your property might not automatically transfer to those you wish to receive it. And secondly, what you own is more likely to be worth more than you think because most people undervalue their possessions.
We all take great care of our house, car and other belongings when we are alive, so why are we so careless about what happens to them when we die? Recent research shows that there are any number of reasons why we never get around to making a Will. One third of people think that they have nothing of value to leave, some believe that they are too young to worry. But the main reason why people have not made a will, are that they simply never thought of it or have just not got round to signing anything. These people believe that making a Will is one of those things that can be put off to the future. Perhaps they are also the superstitious souls who believe that talking about death might make it come sooner!
Here are a few examples of what could happen if you do not make a will:
If you are legally married with children and what you leave (your "estate") is worth more than £125,000, your husband or wife would inherit the first £125,000 and the excess would be shared between your spouse and your children.
If you are married without children, your husband or wife would be entitled to the first £200,000 but would share anything over that with your parents or brothers and sisters or their children.
If you are living as an unmarried couple, your partner could not inherit anything from you and even if you own the home jointly, it may not pass automatically to him or her.
If you are separated but not divorced, your husband of wife would still be entitled to inherit from you.
If you do not make a Will you cannot leave anything to a friend, a charity or make arrangements for pets.
And if you do not make a Will your family may pay more inheritance tax than is necessary.
WHAT MATTERS ARE DEALT WITH THROUGH YOUR WILL?
Your Will should state the following:
- Who you are.
- Who you appoint to handle your affairs, and distribute your estate in the manner that you direct (your executors)
- Who should be the guardians of your children should events make that necessary, and Trustees if applicable
- Who, if anyone, should receive any specific items (car, jewellery, personal gifts etc), that you may wish to distribute
- Who, if anyone, should receive specific sums of money from your estate.
- How the remainder of your estate should be dealt with, i.e to your husband, wife, or children etc.
- What should happen if someone that you intend to leave part of your estate to dies before you
- What instructions have you concerning your funeral.
|
