How Much Does Getting Probate Cost?
At Evolve Family Law our private client solicitors, Chris Strogen and Judith Chesters, are getting inquiries about the cost of instructing a solicitor to obtain probate and to administer and distribute the estate of a loved one.
Some of the inquiries we receive are from executors who have instructed other law firms to obtain probate for a fixed fee and who are disappointed to discover that the fixed fee does not cover all the work required.
In this article, our probate solicitors have put together some information on probate and how solicitors charge for probate services to help executors make an informed choice about whether they need a probate solicitor, and if so, the service they require.
For expert probate advice call us or complete our online form.
Is probate necessary?
Before we look at how much probate costs we should first ask if probate is necessary. Not all estates require a grant of probate.
Smaller estates where the deceased did not own a house and did not have a lot of savings may be able to be sorted out informally using the bank or building society’s bereavement service to close the account and transfer the funds to the beneficiary. If the only asset owned by the deceased was a house jointly owned with their spouse as joint tenants, then probate may not be necessary as the property paperwork can be sorted out with the land registry.
In most cases, probate is necessary. The executors then need to decide:
Do you want to use a probate solicitor?
If you asking the probate solicitor to obtain the grant of probate or if you are asking them to get the grant and then distribute the estate under the terms of the Will or following intestacy rules (where there is no Will)
The type of probate service fee structure you want to agree to
The costs of probate and the solicitor's fees will be taken out of the estate before the estate is distributed to the beneficiaries. In some, but not all cases, the executors and the beneficiaries are the same people.
Why use a probate solicitor?
You do not have to use a probate solicitor but many executors prefer to do so simply because they do not have the time to sort out and deal with the paperwork involved in getting probate and distributing the estate. Many executors underestimate what is involved and how time-consuming it can be if they have not previously had to deal with the probate service or with HMRC.
Other than the time factor, there are advantages of using a specialist regulated probate solicitor:
The solicitor reduces the stress of sorting out the estate. This can be helpful when an executor is grieving the loss of the deceased or if there are difficult family dynamics between the executors or between the executors and the beneficiaries. A probate solicitor can give the executor and beneficiaries a realistic time estimate for obtaining the grant and distributing the estate
An executor is personally liable for some things. For example, if they forget to pay a debt from the estate, do not pay the right amount of inheritance tax, or do not distribute the estate in the precise terms of the Will or under the intestacy rules. A probate solicitor has a professional insurance policy and the executor can refer any issue that crops up with the estate administration to the probate solicitor provided that the solicitor's retainer covers the issue. For example, a solicitor asked to obtain the grant of probate is not responsible for any problems in paying debts or distributing the estate if the solicitor was not asked to handle that aspect of the estate administration
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What type of probate service does an executor require?
If executors decide to use a probate solicitor the next decision is to decide what the solicitor should do. This is called the scope of their instructions or retainer.
Where a grant of probate is required, an executor can ask the probate solicitor to:
Sort out the grant of probate alone including completing the appropriate tax form or
Handle the grant of probate and some bits of the estate administration or
Obtain the grant of probate and deal with all the estate administration from start to finish
Option 3 is the least stressful option for the executors and may result in the beneficiaries receiving their share of the estate more quickly than if the executors dealt with all or part of the estate administration. Option 2 works if the executors and probate solicitors know who is dealing with each aspect so there is no confusion or delay.
The executors' decision will probably depend on their willingness and availability to do some of the work and to take responsibility for it. Another factor may be the cost, particularly where the executors are also the beneficiaries of the estate.
Solicitor charges for probate services
If the executors decide to instruct a probate solicitor the next question is whether to choose one that offers a fixed fee service or charges for their time spent in sorting out the grant of probate and/or distribution of the estate.
At Evolve Family Law our probate solicitors charge on a time-spent basis rather than providing a fixed fee. That way there is no confusion over what ‘’fixed fee’’ covers or upset that executors are paying a large fixed fee based on the value of the estate when, if the assets are relatively straightforward, the large fixed fee may not be justified and cannot be renegotiated.
Our approach at Evolve Family Law avoids the issues that many executors have with ‘’complete’’ or fixed-fee services. The executors may think that the service covers all the assets but the lawyer may say that the ‘’complete service’’ only covers the assets that pass under the Will. This may not include all the deceased’s insurance policies or pensions, leaving some of the most complex assets to be sorted out by the executors and not covered by the fixed fee.
The majority of the probate work we do is carried out by solicitors Judith Chesters or Chris Strogen. They have both been qualified as solicitors for over 30 years. To make our probate service as efficient and as cost-effective as possible they are supported by legal assistants Katie Leake and Tracey Carney.
We can give an estimate of the likely charges once we know a bit about the estate and what will be involved. There is no obligation to go ahead.
When our probate solicitors give a quote, we explain our likely legal fees plus VAT and the expenses the estate will need to pay. Typical expenses include:
Expense
Cost
Probate Fees paid to the Court
£300
Copies of the grant of probate
£1.50 per copy
Copies of the death certificate
£10 per copy
Property land registry information
£6
Statutory advertisements for debtors under the Trustee Act
Normally around £300 inclusive of VAT but the precise figure depends on the estate
Other expenses may sometimes be necessary, such as tracing fees to find a beneficiary or fees to replace a lost share certificate or to value an asset for probate.
In addition to these expenses, the estate will also pay for the probate service provided by our probate solicitors on a time basis. Our time is charged by:
Using the exact amount of time taken. Unlike some other law firms, we do not round the time taken up to 6 or 10-minute units of time
Using the best person for the job. The executors get a named probate solicitor with over 30 years of experience but appropriate work is tasked to our legal assistants. That combination means the work is undertaken efficiently
We have to add VAT to our solicitor charges.
Evolve Family Law probate services
Most executors want to know how much an average probate costs on a time basis. We set out and update this information on our website cost page so executors have a rough idea of the cost before calling us. It is always worth a call to discuss potential costs as the estate may be more straightforward than a typical case.
Time to get probate
Solicitors can get bad press about the time taken to get probate. Admittedly some solicitors are slow (not us) but a lot of complaints about probate solicitors and estate administration stem from misunderstandings about the reasons for the delay. However efficient we are in sorting out the grant application and the paperwork, a tax return may need to be processed by HMRC and the application for probate must be processed by the probate registry. We can give you an indication of timescales.
After the grant of probate is obtained it is then a question of our liaising with banks, investment funds, HMRC and others to gather in all the assets so we can do our job of finalising the estate, completing any final tax return and distributing bequests. We appreciate that delays can be frustrating but we give realistic time estimates and make sure that beneficiaries understand that any delays are not down to executor delay.
Next steps
If you are an executor and need help with getting probate or estate administration our experts can help. We find that our probate fees are often more competitive than those offering a fixed-fee probate service. With us, there are no surprises with executors being told that the complete fixed fee service does not cover the work the executors envisaged it would.
For expert probate advice call us or complete our online form.
Chris Strogen
Jun 12, 2024
·
8 minute read
Wills for Unmarried Partners
If you are in an unmarried relationship or cohabiting with a partner you do need to sort some paperwork out. Whilst you and your partner may both be content to not have a marriage certificate or civil partnership certificate there are some practical things that you should do to protect your partner and family.
In this article, our Will solicitors look at why it is vital to get a Will sorted out for yourself if you are entering a new cohabiting relationship or if you and your unmarried partner have settled down together without the convention of marriage or civil partnership.
For expert Will advice call us or complete our online form.
Why you need a Will if you are in an unmarried relationship
If you are young and unmarried, why do you need a Will?
If you are middle-aged, in good health, and buoyed up by your new relationship, why do you need a Will?
The answer - if you are living with a partner or are in a personal relationship then your loved one has no inheritance rights or voice if you pass away. The position is different if they were your wife, husband or civil partner.
Whilst a spouse or civil partner is legally your next of kin, an unmarried partner has no legal standing if you do not make a Will. That is the case if you have been living together with your partner for 3 months or 30 years.
If you are unmarried and you do not have a Will, your next of kin may be your children, parents, or a sibling. Your relatives may not get on with your partner. The difficult relationship dynamics and money issues could result in your partner and your family arguing in court about who should inherit your property and assets.
Unless your family who will inherit your estate under intestacy rules can reach an agreement with your cohabiting partner, a judge may have to decide if the intestacy rules (that give nothing to your unmarried partner) should be changed to leave them with reasonable financial provision in light of their circumstances.
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Why you need your partner to make a Will
Looking at the situation from the other angle, it is just as important that your partner makes a Will to protect you. For example, if you have been living with them for ten years in their home. If they pass away before you and they have not made a Will then you will not be entitled to stay in the house. You also will not be entitled to a share in the equity in the property if it is sold unless you can either:
Prove that you have a beneficial interest in the property because you invested money in it and are entitled to an equitable interest under property or trust law or
Claim a share of the estate of your partner by challenging the estate distribution under the intestacy rules
Either option involves the potential for family disputes and court proceedings.
Sometimes unmarried partners do not want to leave their house or estate to their partner. That may be understandable if they have children from a previous relationship, if you and they have not been together long or if you are comfortably off and do not need a share of their estate. However, a Will could give you a right to live in the property for life if your partner has children or the Will could give you the right to stay at the property for at least 12 months after your partner’s death so you have a bit of space and time to grieve.
What should go in your Will and in the Will of your unmarried partner depends on a whole range of issues, including the size of the two estates and your financial positions as well as your respective personal preferences. Alternatively, you or your partner may want to make financial provision for one another by taking out life insurance but you will then need to consider if the life insurance will pass under your Will or a nomination form.
Many couples can feel overwhelmed by Will choices but that is no reason not to make a Will. Our Will solicitors can help you wade through the choices and the decisions you need to make when writing a Will to ensure that you are left with a Will that reflects your wishes and family circumstances.
For expert Will and private client advice call us or complete our online form.
Chris Strogen
May 21, 2024
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4 minute read
Do You Need a Will if You Are Married?
Will solicitor, Chris Strogen, is emphatic that you do need a Will if you are married.
In this blog, we explain why you need a Will if you are married and how our Will solicitors at Evolve Family Law can write your Will or advice on whether an existing Will needs changing.
For expert Will and estate planning advice call our team or complete our online enquiry form.
Why do you need a Will if you are married?
Whether you are married or not, if you die without a Will then your assets (called your estate) pass under statutory intestacy rules. Who gets your money and estate depends on whether you are married or in a civil partnership and whether you have children or other extended family.
The intestacy rules are inflexible and they may not reflect your wishes or be tax-efficient. Without a Will, it can be more difficult to administer your estate, especially if you own complicated assets. For example, you are a shareholder in a family business or you are self-employed as a sole trader or own a buy to let property portfolio.
In addition, if the intestacy rules do not meet your family circumstances a qualifying relative may want to challenge the estate distribution and make a claim against the estate. They can do this by alleging that the intestacy rules do not make reasonable financial provision for them.
The intestacy rules if you die without a Will and you are married
The intestacy rules if you die without a Will and you are married depend on whether you have children.
Step-children do not count as your children for this purpose as they are not biologically related to you. That’s the case even if you have always been very close to your step children. Your children from any previous relationships do count even if they are estranged from you or if at the date you pass away, they are financially independent with their own homes and families. Children includes adopted children and the descendants of your biological or adopted children.
If you do not have children your husband, wife or civil partner will inherit your entire estate.
If you do have children your husband, wife or civil partner will inherit:
The first £322,000 of your estate
All your personal possessions
Half the rest of the estate. The remaining half is divided equally between your children
The intestacy rules say that if a child has died before their parent, then the grandchild or the great grandchild of the deceased inherits in their parent’s place.
As the intestacy rules are inflexible an estate claim could be brought. For example, your husband or wife may say that they need more than £322,000 and half the rest of the estate to meet their needs. Alternatively, if you jointly own a family home with your spouse as joint tenants, your surviving husband or wife will end up owning the family home as well as getting the first £322,000 of your estate and half the remainder of the estate. Depending on the size of your estate, that may not leave much for your children to inherit.
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Why writing a Will is a good idea whether you are married or not
Having a Will in place is always a good idea, whatever your personal circumstances.
With a Will you can:
Decide who should administer your estate and distribute the monies. The named people are called your executors. They can be family members, friends, a Will solicitor or a combination. You need at least 2 people to act as your executors
Appoint a testamentary guardian for your children. This is important if you have children under the age of 18
Make gifts of specific assets to people, such as items of jewellery or sentimental family heirlooms
Ensure that your estate is distributed tax efficiently so the estate pays less in inheritance tax. This should mean there is more money left for your beneficiaries
Leave money to a charity of your choice
Say what your preferences are about funeral arrangements
Place money in a trust. This can be helpful where, for example, you have been married previously and have children from different relationships. You may want your current spouse to be able to stay at the family home and have enough to live very comfortably but you may want your estate left in trust so that on your spouse’s death your remaining estate passes to your other trust beneficiaries, such as your children. If money is left outright to your spouse in your Will or under intestacy rules, then on the death of your spouse your monies will form part of their estate and be distributed in accordance with their Will or under intestacy rules. If your spouse remarries then the monies inherited from you may pass to their new husband or wife rather than to your children or grandchildren or to your preferred charity
There are many other reasons why talking to a Will solicitor is a good idea. For example:
To understand what assets form part of your estate. If the family home is owned as joint tenants, it passes straight to the surviving owner and not by your Will. If the house is owned as tenants in common your share of the property passes by your Will or under the intestacy rules. Other assets, such as a pension or life insurance, may not pass by your Will but by nominations. It all depends on how the policy is written
It may be tax efficient to make lifetime gifts as part of your estate planning and IHT strategy
You may want to put in place a Lasting Power of Attorney for yourself and your spouse
You may want to check if your former spouse has a potential claim against your estate and discuss what you can do to protect your current husband or wife or your children from such an estate claim
For expert Will and estate planning advice call our team or complete our online enquiry form.
Chris Strogen
Jan 10, 2024
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6 minute read
What Does Intestacy Mean
Intestacy or dying intestate means a person has passed away without a valid Will. The person’s estate is therefore distributed under the intestacy rules.
In this article, Will and probate solicitor, Chris Strogen, looks at what intestacy might mean for you or your family.
If you need help with making a Will or with probate and estate administration call our team or complete our online enquiry form.
Passing away without a Will
If you die without a Will your family will not have the guidance you could have given in a Will. A Will does not just say who should inherit your estate. A Will can also:
1. Appoint executors to administer your estate
In a Will, you can choose the best person for the job of executor. That might be your husband or wife, a friend, an adult child, your Will solicitor or a combination of these people. You may know that asking your spouse and your children to work together as executors will not work in your family circumstances and in your Will you can appoint your executors with care
2.Set out when your chosen beneficiaries will inherit
You may not want your children to come into their inheritance until they are 21, 25 or 30 so they are a bit more mature when they receive a life changing amount of money
3.Protect your minor children by appointing a testamentary guardian in your Will
4.Ringfence assets in a trust so your trustees can distribute the income or capital in your estate to the discretionary trust beneficiaries
after considering their circumstances and making distributions in a tax-efficient manner. A trust can be very helpful in a blended family or where there are concerns that if a gift is left outright to a family member it will be wasted or end up being used to fund the beneficiary’s divorce settlement
5.Make small bequests so friends or grandchildren are not forgotten as they are left an item of sentimental value or a gift of money
A Will is a very powerful document as it sets out the testator’s wishes. All of us should have a Will to protect our loved ones. That is particularly important if your estate would not pass following your preferences under the intestacy rules. For example, a much-loved unmarried partner of 20 years inherits nothing under the intestacy rules. For example, depending on the size of your estate, a spouse you married 6 months before your death may inherit everything leaving nothing to your 4 children from your first marriage.
The rules of intestacy explained
If there is no Will your estate passes under the rules of intestacy. There is no discretion – the rules apply whether or not they are what you would have wanted to happen to your estate.
As the intestacy rules are rigid, they can create family upset. For example, if your cohabitee will not receive anything or if the family heirloom you verbally promised to your grandson is inherited by your new spouse.
The intestacy rules say:
If the person who died was married or in a civil partnership and had no children, all their estate goes to their husband, wife or civil partner
If the person who died was married or in a civil relationship and has children, the first £322,000 of their estate goes to their spouse or civil partner, together with all the deceased’s personal possessions. If the estate is worth more than £322,000 then the spouse or civil partner gets half the balance and the deceased’s children split the remaining half between them
If the person who died was not married or in a civil partnership, but has children, the estate goes to the children. If there are no biological or adopted children, the estate goes to the parents and the intestacy rules continue with a list of more distant relatives in order of preference.
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If the intestacy rules create unfairness
If the intestacy rules create unfairness, then there is the potential to sort things out by the beneficiaries under the intestacy rules agreeing to forgo their inheritance or share their inheritance. That does not always happen as an unmarried partner of 20 years may not get on with the deceased’s adult child from a previous relationship or with the deceased’s parents so the family is unable to negotiate a compromise on how to share the estate.
If the family cannot sort out the difficulties created by the lack of Will and the intestacy rules then a disappointed unmarried partner or other relative could make a court application to claim a share of the estate because the intestacy rules did not make reasonable financial provision for them. The court must look at each case on its facts. For example, if the unmarried partner is a successful business owner with a good income and a property owner, the court may decide that they do not need a share of the estate. The ruling might be different if the unmarried partner was living on a state pension and the deceased’s adult children were all homeowners and doing well for themselves.
The problem with challenging the intestacy rules is that it can create ill will within a family and it costs both time and money. It is a lot simpler and cheaper to make a Will.
Avoiding intestacy
Avoiding intestacy is easy. All you must do is make sure that you and your loved ones have a Will. It is also important to review your Will and make sure it is up to date. If your Will is not up to date you may end up with a partial intestacy. For example, if you leave half your estate to your brother but your brother passes away before you do so. A partial intestacy can be avoided by updating your Will to name a new beneficiary. In any new Will, it is a good idea to include a ‘what if’ clause. For example, you leave half your estate to your nephew but if he passes away before you then the legacy is shared between his children.
Our solicitors can help you with all your Will and estate administration needs, including if you are unsure about what to do if a relative has passed away without leaving a Will.
If you need help with making a Will or with probate and estate administration call our team or complete our online enquiry form.
Chris Strogen
Jan 03, 2024
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6 minute read
What is Inheritance Tax
Nowadays inheritance tax is a bit of a political hot potato with some politicians calling for the ‘death tax’ to be scrapped. Many people are not sure about how inheritance tax works and if inheritance tax would affect their family. Some people stress about the tax and others take the attitude that as it is a death tax it isn’t something that is a big priority.
Our Will solicitors spend their days talking about IHT. They explain what it is, how much your estate could end up paying in tax, and the steps you can take to reduce the IHT payable by your estate. Will solicitors say it is in the best interests of your family and loved ones that you carry out some estate planning. By taking what are often simple steps you will leave more of your estate to your chosen beneficiaries rather than to the tax man. To most people that is a ‘no-brainer.’
For expert Will and estate planning advice complete our online enquiry form.
Who pays inheritance tax?
Inheritance tax (IHT) is payable on a deceased’s estate if the estate is not inheritance tax exempt. Whilst IHT is not a tax that you need to pay during your lifetime there are steps you can take to reduce the IHT liability on your estate. Will solicitors refer to this as estate planning or IHT mitigation.
If you do not engage in estate planning your estate may have to pay a tax bill of 40% of the net value of your estate after considering 2 thresholds:
The IHT threshold of £325,000 - all estates only pay IHT if the estate is valued at more than £325,000. The first £325,000 of an estate is referred to as the nil rate band or NRB
The residence nil rate band of £175,000 – your estate may qualify for an additional £175,000 in nil rate band if you own a property and you are passing it on to your child or grandchildren. If the residence NRB applies to your estate then your net estate will only pay IHT on anything over the first £500,000 ( the £325,000 is added onto the £175,000)
The rate of IHT can be reduced to 36% if you leave at least 10% of your estate to charity.
Calculating the value of your estate
Will solicitors say that you should not assume that your estate will not need to pay IHT if your estate is currently worth less than £325,000 or £500,000. That is because the value of your assets may go up at a faster rate than the government IHT thresholds or the thresholds could even be scrapped.
There can also be confusion about what assets are included in your estate to calculate your estate’s IHT liability. For example:
An insurance policy payment may fall outside your estate because of the wording of the policy
A gift given to a family member may have a percentage of its value added back into your estate if you died within 7 years of making the gift
When a probate solicitor is dealing with an estate administration, they will advise you on IHT liabilities and when any inheritance tax is payable.
Exempt estates
Some estates are exempt from paying IHT. This can be down to one of several factors:
The estate is valued at less than £325,000 (or £500,000 if the estate qualifies for the residence nil rate band of £175,000 on top of the standard IHT threshold of £325,000). The value of the estate could be less than £325,000 because the deceased made lifetime gifts to friends and family and survived for 7 years after making the gift
The estate is left to charity
The estate is left to a husband, wife, or civil partner. This is referred to as the spouse exemption. When the second spouse passes away their estate can use the first spouse’s nil rate band of £325,000 as well as their own so their estate only pays IHT on the value of the estate over £650,000 .
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Reducing your inheritance tax bill
There are several ways that you can legitimately reduce the potential inheritance tax bill that your estate may end up paying.
One of the more radical IHT suggestions is to get married if you are living with a partner in an unmarried relationship. If you leave your estate in your Will to your new husband or wife then the spouse exemption will apply so no inheritance tax is payable. For an estate worth 1 million, with a nil rate band of £325,000, that is a potential tax saving of £270,000. Before you marry you could decide to sign a prenuptial agreement to safeguard your family money in case of separation or divorce during your lifetime.
Other less radical options include leaving a percentage of your estate to charity to reduce the tax rate from 40% to 36% or using your annual allowance to make gifts to family members.
There are other ways you can reduce your inheritance tax bill. A Will solicitor can explore them with you and work out which ones are suitable for your financial and family circumstances. At the same time, they can review your existing Will to make sure it remains fit for purpose and is tax efficient. If you don’t have a Will then one can be prepared for you.
For expert Will and estate planning advice complete our online enquiry form.
Chris Strogen
Dec 18, 2023
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5 minute read
Changing a Will After a Death
Changing a Will After a Loved One has Passed Away
You may assume that if a relative made a Will their wishes cannot be changed after their death. Strictly speaking, that isn’t correct because, after the death of a loved one, you may be able to change their Will by entering into a deed of variation.
In this blog, private client solicitor, Chris Strogen looks at when you can vary a Will and the advantages of doing so.
For expert advice on making a Will or for advice on a deed of variation call our team of specialist Will lawyers or complete our online enquiry form.
Changing a Will after death
A Will can be changed after the death of the person who made the Will by entering into a deed of variation or a deed of family arrangement. A private client solicitor can advise you on whether you can do this and if it is a good option for you. For example, it may be inheritance tax efficient.
Who can vary a Will after death?
Whether you need the agreement of the executors and the other beneficiaries in the Will to the proposed variation of the Will depends on what you want to change. In some situations, you don’t need the agreement of anyone else and only you will need to sign the deed of variation. A private client solicitor can explain the process when they know what you want to change in the Will and why.
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Can you change the intestacy provision if the deceased did not make a Will?
If the deceased died intestate (without a Will) you can change the intestacy provisions by signing a deed of variation. Who needs to sign the deed depends on the nature of the variation.
A deed of variation can be particularly helpful if the deceased was in an unmarried relationship. Under intestacy rules his or her partner will not inherit. Instead, the deceased’s parents receive a share of the estate or more distant relatives. In some families, the family may want to change this so the deceased’s unmarried partner receives all or a share of the estate.
When can you sign a deed of variation?
The rules say that the deed must be signed within two years of the date of death. If you are contemplating making changes to the Will of a family member or friend it is best to speak to a private client solicitor about the proposed changes as soon as you can do so.
The benefits of a deed of variation
There are many reasons why a deed of variation might be a good idea, including:
The Will has left out a family member by mistake. For example, by naming 2 of 3 children in the Will as the third child was born after the Will was signed. The testator should have either changed their Will on the birth of the third child or preferably (to avoid the issue in the first place) left the estate to any children alive at the date of the testator’s death and if more than one in equal shares
The Will is a DIY Will and is not inheritance tax efficient. For example, if the husband had left the estate to his wife, then the spouse exemption would apply, and no inheritance tax would be payable on the death of the first spouse. With a deed of variation giving the estate to the wife, she can then give money to the children. Provided she survives for at least 7 years the gift is IHT free
There is a Will dispute and the Will is being challenged or a claimant is saying that intestacy rules do not provide them with reasonable financial provision. If it is accepted that the claimant is likely to receive a share of the estate if their claim goes to court it may be sensible to vary the Will. For example, if a couple were in an unmarried relationship for 20 years but the deceased never got around to changing the Will that he made 30 years ago
In an ideal world, people would ensure that their Will is reviewed and up-to-date, and tax efficient before they pass. However, family, work, and other commitments can all get in the way of estate planning. That’s why a deed of variation may be the solution to your situation.
For expert advice on making a Will or for advice on a deed of variation call our team of specialist Will lawyers or complete our online enquiry form.
Chris Strogen
Sep 21, 2023
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4 minute read
How Do I Make a Will in the UK?
If you aren’t a Cheshire Will solicitor you may not know where to start with making your Will. In this blog, we look at how to make a Will, something that we should all do to protect our loved ones.
For expert advice on making a Will call our team of specialist Will lawyers or complete our online enquiry form.
Why you should make a Will
It is easy to keep putting off making a Will because you have too much to do or you aren’t sure what to put in your Will but a Will is something that we should all have, whatever our age, state of health, or personal or financial circumstances.
If you die without making a Will then you or they die ‘intestate’. The law says where your money or estate goes to. The list of beneficiaries is set out in a statute and cannot be changed to suit your family circumstances or to do what you would have wanted if you had made a Will during your lifetime. For example, you may not have wanted the majority of your estate to go to a third wife but instead to a cousin that you were close to and who had been there for you throughout your life whilst your third marriage was of short duration. Alternatively, you may want to leave your estate to your grandchildren, skipping a generation and not leaving your money to your children.
What do I need to make a Will?
You don’t need anything to take the first step of making a Will as a Will solicitor can either talk you through the information that they need to prepare the Will for you or if you prefer, they can send you a Will questionnaire for you to complete.
The main things that a Will solicitor needs to know to advise you on your Will and prepare it for you are:
Roughly how much is your estate worth – you don’t need to get anything valued as all your Will solicitor needs is a very approximate ballpark figure so they know if inheritance tax will be relevant to your estate
Whether all of your assets are in the UK – if you own property overseas then you may need another Will to cover your overseas-based property
Whether any of your assets are jointly owned – if you own property jointly, for example, with a wife, husband, or civil partner, then your share in the property may pass outside of your Will unless you sever the joint tenancy and convert it to a tenancy in common
Whether you have any dependants – a dependant could be a former husband or wife who is receiving spousal maintenance from you, a child receiving child support, or an adult child who is financially reliant on you, or your cohabitee or partner. Whilst you can leave your estate to whom you want as there is no legal requirement to leave all or a share of your estate to your dependants or family members, a Will solicitor can advise you on the prospects of a dependant trying to contest your Will and how to reduce the risk that your Will might be contested
Whether you have any children or planned beneficiaries under the age of eighteen – if you do then you may want to consider the appointment of testamentary guardians in your Will for your children. You will also need to consider leaving money in trust for your children or minor beneficiaries
The planned executors of your Will and beneficiaries- if you haven’t made any final decisions about your choice of executors (the people named in your Will as responsible for administering and distributing your estate) then don’t worry as your Will solicitor can discuss your options, including the appointment of family members, your private client solicitor or another professional as executor. When it comes to beneficiaries, your Will solicitor can talk you through your options and make sure that your Will is as ‘future proofed’ as possible so that if, for example, you want to leave all your estate to your husband or wife or a share of your estate to an older sibling there are ‘substitution gifts’ in your Will. That means that if your spouse predeceases you their legacy is shared (for example, between your children or in the case of your sibling between your nephews and nieces). Alternatively, the gift can fall back into your estate and form part of the legacy to your residuary beneficiary or beneficiaries
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When to make a Will
Will solicitors say that it is never too early to make a Will or, if you have an existing Will, it is equally important to make sure that the Will is up to date and still reflects your circumstances and wishes.
At any important life event, you should consider making or changing your Will. Life events include:
Buying your first house – whether on your own or jointly with a partner
When you get engaged to marry or enter a civil partnership
When you sign a prenuptial agreement
When you have children or adopt a child
If you separate or divorce from a husband, wife, or partner
If you form a new relationship or remarry
If you suffer from ill health
On retirement
If you receive a legacy or inheritance.
There are many other scenarios when you should consider making or changing your Will, such as the death of a beneficiary or an executor to your Will. Making a Will can be a very positive experience for you because:
It makes you feel that you have taken steps to protect family members and loved ones
You can say whom you would like to administer your estate through the appointment of executors of your Will
You can safeguard young children with the appointment of a testamentary guardian
You can use your Will and estate planning to minimise your estate’s liability to inheritance tax.
How to make a Will
The easiest way to make a Will or to change an existing Will is to speak to an experienced private client and Will solicitor. They can look at your goals and objectives and work out how best to achieve them. This may include:
Lifetime gifting
Inheritance tax planning
Lifetime trusts
Trusts created in your Will and the flexibility and guidance issued to your trustees with discretionary trusts
The structure of legacies and the disposal of your residuary estate
Contingency legacies so, for example, a grandchild or children, will receive a legacy instead of their parent if their parent sadly passes away before you do so. Carefully drafted contingency legacies mean that your Will doesn’t have to keep being rewritten on the birth of a new grandchild
How to try and ensure that the Will isn’t contested by a dependant leading to litigation against your estate. This can be achieved by carefully assessing what, if any, dependency claims can be brought against your estate and how to minimise the risk of a successful claim
How long does it take to make a Will?
The role of a private client and Will solicitor is to make the Will process as simple for you as possible. It is possible to make a Will in a matter of hours but you may, depending on your family circumstances, want to reflect on private client and Will advice before finalising your Will.
Your Will isn’t effective until it is executed. That involves your signing your Will witnessed by two witnesses. The best way to make a Will is to take the step of picking up the phone and speaking to a friendly and approachable private client and Will solicitor about your options so that you can achieve a well-drafted Will that protects your family and gives you peace of mind.
For expert advice on making a Will call our team of specialist Will lawyers or complete our online enquiry form.
Chris Strogen
Sep 01, 2023
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7 minute read
Getting the Wording in your Will Right
Where there is a Will there is a way, well that is the old adage. It isn’t always true though. That’s because if you are writing your own Will mistakes can be made that aren’t immediately obvious. Sometimes it is only when a Will solicitor is reviewing a handmade Will, or applying for probate to sort out an estate, that the problem is discovered.
For expert advice on Wills and probate call our team of specialist probate lawyers or complete our online enquiry form.
Will writing and avoiding mistakes
When people give instructions on their new Will most are concerned about getting the addresses of executors and beneficiaries correct without realising that their proposed Will doesn’t actually do what they want. If the problem isn’t spotted before their new Will is finalised it could cause massive heartache for the family.
One common example of Will writing mistakes and the importance of getting the wording in your Will right is leaving your estate to your ‘children.’ You know what you mean by your children but legally your estate will go to your biological children, excluding a much-loved step-child whom you may have brought up as your own and never intended to exclude from your Will.
The same sort of problem can occur with grandchildren when your children’s relationships are complicated and you have a number of children in your family who are not biologically related to you but whom you view and treat as your grandchildren because you are so close to them.
When a Will solicitor is writing a Will it is important to understand family dynamics to make sure that the wording in your Will reflects your family circumstances and your wishes.
You may think that a Will mistake can be sorted out by your executors but that involves all interested beneficiaries agreeing to the change and extra work by the probate solicitor. Alternatively, if the excluded relative has the grounds to do so they could challenge the Will and make a claim against the estate. That can be expensive and time-consuming and the last thing that the Will writer anticipated when writing their Will.
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Will solicitors can't over-emphasise how important it is to consider your family circumstances when writing a Will. For example:
If you are in a cohabiting relationship with your partner, they are not legally your husband or wife and so should not be referred to as your spouse in your Will. You may still have a legal spouse if you have not finalised the divorce proceedings and obtained a final order of divorce
If you leave your estate equally between your children and one passes away before you do so then your remaining children will inherit your estate. That means your grandchildren from your late child will miss out and will not get a share of your estate even though their cousins will eventually inherit a share of your estate via their parents
Leaving money to named children can be a problem if you have any additional children because they will lose out unless you change your Will when they are born. With the work that comes with a new arrival, it can be easy to forget to review and change your Will. A Will solicitor tries to avoid this sort of problem by naming any non-biological children but also ensuring that the definition of biological children includes any additional children you may have
Giving a specific legacy to a beneficiary can result in Will problems as you may not own the specific asset at the date of death. That means the beneficiary gets nothing even though that is not what you intended as you simply forgot to review your Will when you sold the specific asset or the property creating an unfair result for the named beneficiary
Leaving a large legacy to one person before giving your residuary estate to relatives can be an issue. If the legacy is large you need to continue to review your Will provisions because if, by the date of your death, your estate has reduced in value (for example because of care home fees) your entire estate may be eaten up with the large legacy to an old friend leaving your residual beneficiaries with little or nothing because the old friend’s legacy has to be paid before the residuary beneficiaries receive anything
You may think that Will errors and wording mistakes are exceptionally rare but that isn’t the case. Our experience as solicitors who specialise in preparing Wills and helping families sort out probate and legacies after loved ones have passed away say that it is surprisingly common for mistakes to be made in Wills. Most people think their financial affairs are straightforward and so problems won’t crop up in their Will but sadly homemade Wills don’t always do what the Will writer wanted and may cause a lot of extra grief when the Will writer passes away.
Get advice from a professional when preparing a Will can save you and your family a lot of money when your estate is sorted out. The cost of getting your Will prepared by a specialist Will solicitor can also save you money during your life as your Will may not need to be changed as often. What’s more the cost and speed of getting a professionally prepared Will is often a lot less than you might think and gives you and your family peace of mind.
For expert advice on Wills and probate call our team of specialist probate lawyers or complete our online enquiry form.
Chris Strogen
May 12, 2023
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5 minute read
Do I Need a Lasting Power of Attorney & How Much Will it Cost?
Do you have a Lasting Power of Attorney? Everyone needs a Lasting Power of Attorney and no one can afford to not have one in place. Sadly, most of us don’t realise how important a Lasting Power of Attorney is until there is an accident or decisions need to be taken to help an elderly relative.
For expert advice on Lasting Powers of Attorney call our team of specialist LPA lawyers or complete our online enquiry form.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney authorises nominated members of your family and/or trusted friends to act on your behalf if you are not capable of making your own decisions.
There are 2 different types of Lasting Power of Attorney:
Health and welfare – this type of Lasting Power of Attorney allows your nominated family or friends (called attorneys) to make decisions about your medical treatment and care needs if you are not able to do so because you lack capacity
Property and financial affairs – this type of Lasting Power of Attorney allows your attorneys to manage your financial affairs (for example to manage your bank account, pay bills, or sell your house) if you lack the capacity to make your own decisions
You can do one or both types of Lasting Power of Attorney – the decision is yours.
The Lasting Power of Attorney is registered with the Office of the Public Guardian. A health and welfare Lasting Power of Attorney won’t be used unless there comes a time when you lack the capacity to make your own decisions. Provided you have the capacity you can cancel a Lasting Power of Attorney or nominate new attorneys.
Do I need a Lasting Power of Attorney?
Most people think that an elderly relative might need a Lasting Power of Attorney but don’t think that they need one. However, no one knows when you might need an attorney to quickly act for you, either temporarily (after a ski or car accident) or permanently. That is why everyone needs a Lasting Power of Attorney to cover the what-ifs.
What you can’t do is wait until you or your relative has lost capacity (either as a result of an accident, health scare, or dementia) and then ask an LPA lawyer to prepare a Lasting Power of Attorney.
To give an example of why a Lasting Power of Attorney is important take the example of a business owner, keen on winter sports and skiing off-piste, who was separated from his wife and living with a new partner. If he were to have an accident and lose capacity then without a financial Lasting Power of Attorney his business might quickly get into trouble as there would be no one with the power to handle matters temporarily (to pay bills and salaries) or long term basis (to employ a manager or sort out a sale of the business). Without a health and welfare Lasting Power of Attorney, the man’s next of kin would be his estranged wife, rather than his girlfriend, parents, or siblings. Lasting Powers of Attorney are essential to give peace of mind.
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What happens if there is no Lasting Power of Attorney and capacity is lost
If capacity is lost before a Lasting Power of Attorney is in place an application can be made to the Court of Protection for a deputy to be appointed to look after the affairs of the incapacitated person. The appointment of a deputy costs more in legal fees than drawing up a Lasting Power of Attorney. In addition, there is likely to be a delay between the Court of Protection application and the appointment of the deputy. During that period your friends and family won’t be able to access bank accounts to help manage your financial affairs and pay essential bills or make health or care decisions for you.
A Lasting Power of Attorney is a bit like a Will; everyone needs one at any age, even if none of us like to think of accidents, dementia, or death.
How much does a Lasting Power of Attorney cost?
A bespoke Will and Lasting Power of Attorney drawn up by an experienced and regulated solicitor isn’t as much as you might fear.
Very few law firms publish price information on their websites. Evolve is one of the first law firms to publish fixed fees for the preparation of Powers of Attorney so you have an idea of our charges before making a call or emailing us. Take a look at Our Prices | Standard Fixed Fees.
The Evolve Family Law fixed fees mean you get private client Lasting Power of Attorney assistance tailored to your personal situation, based on what is best for you in return for charges that are affordable and you can understand.
Everyone’s personal and financial circumstances are different and that is why it is so important that everyone has protection in place to protect themselves and their family.
For expert advice on Lasting Powers of Attorney call our team of specialist LPA lawyers or complete our online enquiry form.
Chris Strogen
Mar 01, 2023
·
5 minute read
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