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Wills and Probate
We offer a sensitive, sympathetic and professional service dealing with all aspects leading up to and post death matters. As part of our dedicated family service our Wills and Probate department can assist you in all aspects of the following:
Why make a Will?
Everybody needs to consider making a Will which is a legal document drawn up in accordance with your wishes and intentions as to what should happen to your estate after your death.
A Will can determine who you wish to deal with your affairs upon your death, whether a Guardian should be appointed for any young children and determine who should benefit from your estate and the ways in which those persons will benefit.
If you die without a Will your estate will not necessarily be dealt with in the way that you would wish. The law will decide who should benefit from your estate and how much everybody will receive. If you have no immediate family your estate may go directly to the Government.
It is important that any Will is updated regularly as personal circumstances will often change. Once you have made your Will you should look at it every few years to make sure it still accurately reflects your wishes and circumstances.
If you have married, separated, divorced or re-married since you made your Will, it is essential to make a new Will. This is because very often these events can alter any provisions made under your existing Will.
The value of your estate may mean it will be liable to Inheritance Tax. The Inheritance Tax threshold is reviewed every year by the Government. Inheritance Tax will begin to accrue six months after the date of death and interest can result if this liability is not settled quickly.
Remember that your house value will be taken into account when assessing the value of your estate. In a time when house prices are on the rise it is important to make a judicious Will which can reduce any inheritance tax payable to the estate. We currently offer a limited service as to ways in which the payment of Inheritance Tax can be reduced. Making a Will may even be good for your wealth!
Free Will
If you can satisfy certain circumstances you may qualify for a free will please contact our offices for further details
Probate
When someone dies it is essential that their estate is dealt with professionally and in an orderly way. It is only fair to say that this procedure can sometimes be long and complex depending on the nature of assets involved and where such assets are located. Further complexities can arise if there are businesses that may have to be sold. It may be necessary for a house to be sold as part of the estate. We can assist you with the conveyancing aspect of the sale and deal with this on your behalf.
Our dedicated team can ease the pressure of these burdens and can deal with the issues on your behalf. Please contact our offices for further details.
The people who deal with your estate upon your death are called your Personal Representatives. In order for the estate to be dealt with, the Personal Representatives have to obtain an official document, i.e. probate to confirm they have the legal right to administer the estate. Probate can be obtained by a Grant of Probate, or by the Grant of Letters of Administration.
Very often Personal Representatives are busy people and do not have the time to dedicate themselves to such matters. In that scenario we can be instructed by them to carry out this work on their behalf. Alternatively our firm can expressly be named under a Will as the professional executors of that estate.
Power of Attorney
Very often an event may occur or there may be a time where a person wishes to obtain the assistance of a relative/friend to handle their affairs on their behalf, for example a person may suffer a stroke or car accident which makes handling their affairs difficult. Any adult can appoint somebody or more than one person to deal with their affairs on their behalf during their lifetime. Please contact our offices for further advice and assistance in this respect.
Inheritance Act Claims
It is possible for a claim to be made against a person’s estate following their death, even if the deceased intended for that person not to benefit from their estate. We can advise and assist on bringing potential claims against the estate or defending such claims.
Change of Name
We are
able to assist in change of names via Statutory Declaration. Please
contact our offices for any quotes relating to this. If you
require any further information above any of the matters mentioned above
please contact our Lucy Jones or email lucyjones@averynaylor.co.uk.
Remember our service is tailored
to meet the individual needs of each client.
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