Wills, Lasting Powers of Attorney & Probate

We are here to help you plan for the future. 

I contacted them to do a Power of Attorney. They were friendly and professional and got the job done. I highly recommend them.

Catherine via Yell Reviews

Wills, Lasting Powers of Attorney & Probate London & Southeast

Many people put off making a Will for the majority of their lives, but if you want to ensure your assets are distributed the way you wish after you pass away, it is essential to get legal advice and assistance. Our team can give you specialist legal guidance on all aspects relating to Wills, Lasting Powers of Attorney & Probate. 

Lasting Powers of Attorney

Probate

Wills 

A Will determines what happens to a person’s estate (money, property and possessions) following their death. It is the best way to protect and provide financial security for your loved ones, and the only way to avoid your estate being distributed according to the intestacy rules. 

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Having a valid Will ensures that your wishes are followed in the event of your death. The document should be updated to account for any life changes (e.g., if you get married, divorced, or have children).
There are many advantages to having a Will, including:

    distributing your estate to specific loved ones
    naming a guardian for your children
    reducing the tax payable from your estate
    choosing your executors 

What happens if you die without a Will?

If you do not have a Will in place on your death, your estate will be divided according to the intestacy rules. It should be stressed that unmarried partners (including those with children) cannot inherit from their partner without a valid Will. To ensure your loved ones receive what you wish from your estate, set up a Will today with the help of our legal team.

Need advice on Wills, Lasting Powers of Attorney & Probate?

Wills, Lasting Powers of Attorney & Probate Lawyers London & Southeast

Speak with a member of our team today to discuss your particular circumstances.

Lasting Powers of Attorney

If you grant someone Lasting Powers of Attorney, this allows the third party to make decisions on your behalf in the event that you cannot make or communicate these decisions yourself, either temporarily or permanently. Although these can be very useful, they also have serious implications and so it is vital that you take specialist legal advice.

A Lasting Powers of Attorney comes into effect when a person lacks the mental capacity to make decisions for themselves. To be valid, the LPA must be set up when the person is still capable and fully aware of the implications of the document. 

Types of Lasting Powers of Attorney

An Ordinary Power of Attorney can be used for temporary periods of incapacity, such as going into hospital for an operation. If incapacity is permanent, a Lasting Power of Attorney (LPA) lets one or more persons act on your behalf (known as attorneys). There are two kinds of LPAs available:

    Financial LPA: this will cover all financial decisions, including sale and purchase of property, pensions, and managing bank accounts.
    Health and welfare LPA: this will cover all decisions relating to healthcare and medical decisions, such as diet, life-sustaining treatments and housing arrangements.

Do I need a Lasting Power of Attorney if I am married or have children?

It is wrongly assumed that a spouse or children could make decisions on your behalf if you were to lose mental capacity due to illness or an accident. Instead, they would need to apply to the Court of Protection to obtain a relevant order. This is a long and costly process, which why it is crucial to have a valid LPA in place before it is needed. Our friendly lawyers can help you set up an LPA today.

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Probate Fees 

Our charges

Each case will be assessed on it own set of circumstancesis; the following charges are intended to be an outline guide only and the exact figure will always depend on individual facts in the matter.
We will tailor an initial estimate to these specific facts and circumstances once information about the estate’s assets, its beneficiaries and relevant documents have been considered.
We only offer fixed fees in rare circumstances. The bulk of our work on an estate administration are charged on a percentage of the value of the estate.
In England & Wales, the Law Society sets a recommended cost of 1.5% of the value of the deceased’s real property, with an added 1.5% on the value of each further asset. This rate is considerably lower than banks, who will typically handle estates for a 4% return.

Inheritance Tax

It is important to note that before grant of probate an estate has to pay off any inheritance tax due. Inheritance tax will apply to estates over and above the nil rate band of £325,000.
The following is a non-exhaustive list of examples which make a probate matter straightforward:
 1. There is a valid Will; 2. There is no more than one property; 3. There are no legal issues with the title to the property; 4. There are a small number of bank or building society accounts; 5. There are a small number of shareholdings or one share portfolio with a single investment manager; 6. Where applicable, there are share certificates for all shareholdings; 7. There are no other intangible assets; 8. There are a small number of beneficiaries; 9. There are no disputes between beneficiaries;10. There are no claims made against the Estate; and11. There is no inheritance tax to pay and the executors do not need to submit a full account to HMRC.

Examples

Where the estate is subject to inheritance tax and we need to submit a full account to HMRC, this will take longer and accordingly our costs will be higher.
If the probate is otherwise broadly regarded as straightforward (i.e. points 1 to 10 above still apply), our fees are likely to be in the region of £5,000 – £10,000 + 20% VAT.
Where the estate is subject to inheritance tax and there are other factors meaning it is not a straightforward estate our fees are likely to be in excess of £10,000 + 20% VAT.
These examples only demonstrate how our costs will vary depending on the situation. We recognise the importance of transparency concerning costs and would provide a bespoke written estimate once we were clear about the extent of the work required.

Disbursements

Disbursements will also be payable. These are costs relating to your matter that are payable to third parties, such as the Probate Registry. We handle the payment of disbursements on your behalf to ensure a smoother process. The disbursements are likely to include the following:
Probate application fee of £273 (+ court sealed copies of the Grant of Representation @ £1.50 per copy). - £273 + copies
Bankruptcy Search Fee (per search) - £2
Post in the London Gazette and local newspaper (to protect the Estate against claims from unknown creditors) - Approximately £300 + 20% VAT
Surveyor’s fees (to provide a formal probate valuation of a property) - TBC but typically in excess of £500 + 20% VAT

How long will the administration of the Estate take?

From the point of sending the probate application to the Probate Registry, the Grant of Probate can take in excess of 16-20 weeks to be issued. Please note that this timeframe can vary considerably due to the Probate Registry’s delays in processing applications. Once probate is granted, straightforward estates can be concluded within a matter of a few months. However, for more complex estates, we tend to find that the average timeframe is approximately 6-9 months.

Key stages in the probate process

The stages will vary depending on the circumstances although most cases will generally involve:
1. Meeting with the executors or the family to take instructions and discuss the process;2. Obtaining details of assets and liabilities of the estate;3. Preparing an inheritance tax return and probate application;4. Collecting in the deceased’s assets and settling any liabilities; and5. Distributing the estate and finalising the tax position.

Our costs set on this page are based on our work broadly compromising the above steps and do not include any of the following:

● Contested estates;● Costs for drafting Deeds of Variation of Disclaimer or other Affidavits, if they are required;● Costs associated with drafting Powers of Attorney, where the personal representatives appoint us to obtain probate on their behalf;● Estate Planning advice;● Dealing with an intestacy or insolvent estate;● Arranging insurance;● Time spent tracing assets or beneficiaries;● Time spent in the more day-to-day duties of the personal representative, such as closing utility or council tax accounts or arranging house clearance;● Work in relation to pre-death tax returns and confirming the pre-death tax position;● The sale or transfer of any property in the estate; and● Administering and advising on any trust arising from the Will or otherwise.
 

Please call us on 0207 183 0335 to obtain a detailed quote on your case

Contact our Wills, Lasting Powers of Attorney & Probate Lawyers London & Southeast

Although it is understandable that people do not want to consider their own death, it is very important to make sure your loved ones are protected by a valid Will. Get in touch with our lawyers to discuss this further. Our Lasting Power of Attorney Lawyers can also advise clients on the best options in their circumstances and help prepare any applications.

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