Our Will Services

Having a Will in place should be regarded as increasingly important and essential planning offering peace of mind in the event of a tragedy. A Will specifies who should act as Executors and who should receive a deceased person’s assets when they die.

Many people are unaware that Probate and Intestacy Law in England and Wales can be complex and in the absence of a legally binding Will, the process for valuing assets and settling an estate for Inheritance Tax (IHT) purposes, transferring assets including land, businesses, freehold and leasehold properties and dealing with post death matters can be extremely complicated and time consuming, costly (particularly in inheritance disputes) distressing and fraught with legal complexity. This could result in financial, personal and business assets (money, property and possessions) accumulated during lifetime not going to loved ones as expected or intended and some persons who may be potentially affected (perhaps as beneficiaries) losing their automatic rights and entitlements to bring estate claims. In the absence of an appropriate business succession plan, it may also cause additional uncertainty and disputes.

Under the strict rules of intestacy and in the absence of a valid Will, only married and civil partners and some other close relatives may inherit, the rules may therefore cause unexpected results and outcomes as they decide who may administer your estate; who stands to manage and benefit from your estate depending on your family circumstances; who may bring an estate claim and how your “net estate” will be shared out that may not accord with or follow your expressed wishes or intentions. Family members, unmarried or cohabiting partners, carers, relatives by blood and charities whom you wish to benefit from your estate may not be entitled to any benefits. Partners and dependents may need to apply to the Courts for reasonable financial provision under the 1975 Act.

If you have no family members who may inherit under the intestacy rules, your estate will pass “bona vacantia” to the Crown and the Treasury Solicitor will control your estate.

We can help and offer friendly, flexible, trusted, reliable, experienced and straight forward services (with Punjabi translations where required) that are designed to meet your needs and requirements.

Here are some ways in which we can help:

  • Verifying your needs and requirements to make a valid Will.
  • Verifying your capacity to make a Will.
  • Verifying and validating your Family Tree information to identify all your family structures and unique family relationships, assisting you to determine your choice of Executors, Guardians and next of kin  (wherever they are in the world) to include those who may potentially be affected or may inherit according to the intestacy rules. We can do so with little or no contact with your family members. However, we may in some cases with your express authority and consent and/or approval contact someone who is closely connected to you to obtain further information.
  • Will writing and making amendments.
  • Generally advising you on what steps you may to take (now or in the future) to protect or ring fence your financial assets for succession, probate and administration purposes; providing generic advice on inheritance tax and other such matters and how to manage and mitigate your future tax (IHT and Capital Gains) liability.
  • Ensure you understand, are well advised and informed to make timely and appropriate decisions relating to your Wills and your financial and/or personal circumstances.

 

Services:

  • Advising on legal requirements for making a valid Will.
  • Obtaining evidence of your mental capacity to provide us with your instructions to make a Will and /or LPA’s or other documents.
  • Verifying the accuracy of any information you provide us.
  • Preparing and settling Wills and Deeds of Variation.
  • Generally advising on relevant IHT issues with a focus on saving tax liability by taking simple courses of action including making lifetime gifts and other transfers including potentially exempt transfers, using the current tax allowances and reliefs to your best advantage; making elections for IHT to apply to estate assets and claims to Transfer Unused IHT Nil Rate Band for exemptions and reliefs purposes.
  • Generally advising on Estate and Succession planning.
  • Advising and assisting on preparing General Powers of Attorney for use in England and Wales or abroad; LPA’s (Health & Welfare and Property and Financial affairs) and arranging the registration of LPA’s at the Office of Public Guardian.
  • Advising on Duties and Appointments of Executors, Trustees, Guardians and Attorneys (under LPA’s).
  • Advising on post death Probate Registry procedures, generally on completing IHT forms and obtaining grants of representation.
  • Updating or reviewing existing or previous Wills.
  • Registering Wills.
  • Sponsorship Declarations.
  • Islamic Wills.
  • Drafting and settling ancillary documents where required.