Wills & Probate

In the UK prior to probate only those named as executors in the Will are entitled to see it, however, if for example you are a beneficiary, you can request of the executor to see the will, and in most cases they will allow this and explain what you have been left in the will. After the probate process, and probate is granted, the will becomes a public record and anyone can apply for a copy.

Probate is the routine legal process undertaken which proves the validity of a Will after a person’s passing. Following a grant of probate being issued (acknowledging validity) the probate process encompasses the administration and distribution of the estate, and includes clearing debts. Probate is complete once all debts are cleared and the estate passed on to those inheriting.

If you die without leaving behind a will it means you have passed away ‘intestate’ and as a result your estate which encompasses property, money and belongings, must be shared out according to the rules of intestacy. With intestate succession in the majority of cases your estate would be split between your surviving next of kin, be it your spouse, parents, children or siblings, but importantly not to an unmarried partner.

As with other legal documents, writing a will without a solicitor can result in mistakes or unclear elements which ultimately mean your will can not be actioned when you are gone, and your wishes not met. Even if you decide to write a will yourself it should still be checked over by a solicitor to help ensure your executor isn’t left with any issues to sort at a later date and to ensure it is legally valid. Utilising a solicitor has many benefits in addition to the legal validity including making sure you have had advice on inheritance tax, ensuring provisions are put in place to clear debts and the division of your estate is clear, concise and actionable.

For Total Peace of Mind, we can Register your Will with Certainty.

When you make a Will with us, we can register it with the online Wills database Certainty.

Why Register?

In a recent survey, 67% of people in the UK did not know where to find their parents’ Wills. The passage of time, house moves, a new Will and new relationships are all contributing factors to your family not being able to find your Will when you pass away.

When your Will is needed, the register gives you total peace of mind, ensuring that your loved ones can quickly and easily locate your Will at this most distressing time.

What Does the Register Do?

• It allows your family to locate your Will when you pass away
• It records the solicitor where your Will is held
• It ensures that your last wishes are respected
• It gives you peace of mind

What Happens if I Don’t Register?

• If your Will is missing, your loved ones do not automatically get everythingYour beneficiaries may not receive inheritance in accordance with your instructions
• Your loved ones may be financially penalised
• The Courts distribute your assets deciding who gets what
• It may be assumed that you did not write a Will and again the Courts may distribute your assets
• An old will may be discovered and deemed as your final wishes
• Family disputes can occur

How Do I Register?

Speak to our team about registering your will with Certainty.

Most people generally seem to know about the importance of having a Will, even if they have not yet made one! However, the importance of a Lasting Power of Attorney is not as widely known.

What would happen if you became incapable of making decisions for yourself?
In the event that an illness meant you lacked the physical or mental ability to deal with your own money and affairs, or make decisions about your personal welfare, who would you want to make those decisions for you?

By preparing a Lasting Power of Attorney, you make the decision as to who should take on this role, whilst you are still able to do so.

No-one likes to think this could happen to them, but unfortunately we do not know what lies ahead. It is estimated by the NHS that 2 million people lack the capacity to make decisions for themselves as a result of dementia, mental health difficulties, brain injuries or other illnesses that may occur at any time in our lives.

In such circumstances, it is often assumed that your spouse or other family members are entitled to manage your financial affairs, but without your express authority this is not possible.

There are two types of LPAs:

1. Property and Financial Affairs Lasting Power of Attorney
   These allow your attorneys to make decisions in relation to buying and selling property, operating bank and building society accounts, paying bills and collecting benefits on your behalf.
   Health and Welfare
2. Lasting Power of Attorney
   These allow your attorneys to make decisions relating to your care and living accommodation, consenting to or refusing medical treatment on your behalf, and day to day matters such as what you wear or eat.

If a Lasting Power of Attorney is not in place when needed, an application has to be made to the Court of Protection for somebody to be granted the power to act on your behalf. This is called a Deputyship Order. This process is lengthy, intrusive, expensive and burdensome and requires the payment of ongoing fees. It may also result in someone you would not have chosen managing your financial affairs.

If you would like to know more about Lasting Powers of Attorney, please don’t hesitate to contact our Wills and Probate team, who would be pleased to help you.

Our experts will discuss the implication of Inheritance Tax and help devise strategies that will minimise Inheritance Tax paid upon your estate. Working with you we will look at the options that you can pursue to ensure an efficient transfer of assets to your loved ones.

Your experienced team of specialist lawyers here at Ward & Rider are here to help you so contact us now.

We can help you in relation to the following:

• Contesting a will (whether it be unfair, invalid, fraudulent, lost or destroyed)
• Helping with a claim against an estate under the Intestacy Rules where someone has passed away without making a will
• Disputing your share of an inheritance where it is unjust, unfair, inappropriate or insignificant under the Inheritance (Provision for Family and Dependants) Act 1975
• Challenging the Trustees’ and Executors’ approach to the estate; attempting to resolve any issues or disputes with Trustees and Executors; where appropriate replacing Trustees and Executors
• Stopping assets being distributed until matters are resolved
  Bringing a claim to enforce unfulfilled promises regarding an inheritance

This is a very complex area of law where expert advice on wills and probate matters is very important. Call or email us now. We can talk to you about the best approach to take and also about funding, such as no win, no fee and legal expense insurance funding.