Wills and Probate

Making a Will

Making a will is important as it enables you to determine what happens to your property, bank accounts, money, and assets after you pass away. We know that this can be a stressful time for your family. Making a Will is an effective tool of ensuring your wishes are upheld for those you love.

If you don’t have a valid Will in place when you die, your assets will be shared according to the law, this may be that your assets will be distributed differently to how you would like them to be.

When writing a will, our job is to help you to state your clear wishes which can help to secure the futures of your family and loved ones. It can also help to prevent unnecessary expenses, litigation, conflict, and distress for loved ones after you’ve gone.

Our fixed fees range from £350 – £1,500 plus VAT at 20%. Formal quotations will depend on the complexity of the will being written for you.

Once we have written the Will with your wishes, we will send this to you as a draft so that you can read through to make sure that we have written it to your exact directions before signature and execution.

Probate Law

Probate is the legal process of executing a Will. Our team has vast experience as probate solicitors and supporting the executor of a Will to ensure the proper distribution of assets in line with the wishes of the deceased. We do not act as administrators of estates.

Our fixed fees range from £1,000 + VAT at 20%. Formal quotations will depend on the complexity of the estate. Please note that our fees do not include disbursements payable to the Probate Registry.

Letters of Administration

If a loved one has deceased without making a Will, there will be certain rules upon who can inherit from that loved one’s estate. There will also be a different process for administering their estate. Our team of specialists can guide you through the technical jargon and assist with ensuring the process is as smooth as possible during what will doubtless be a difficult time for your family.

Our fixed fees range from £1,000 + VAT at 20%. Formal quotations will depend on the complexity of the estate. Please note that our fees do not include disbursements payable to the Probate Registry.

Lasting Powers of Attorney (“LPAs”)

When retirement planning, it is prudent to think of the future and any complications that may arise. LPAs are powers afforded to certain individuals who can step into your shoes and make certain decisions on your behalf, if for any reason you are unable to make them yourself.

Property and Finance LPAs

Property and Finance LPAs are designed to give you peace of mind that your estate, property, and bank accounts will be well preserved and looked after in the event that you are no longer able to maintain them yourself. This is an effective and popular tool as loved ones get older and are less able to look after their affairs.

The preparation of your Property and Finance LPA will incur a fee of £400 + VAT at 20%. Formal quotations will depend on the complexity of the application. Please note that our fees do not include disbursements or application fees payable to the Office of the Public Guardian.

Health and Welfare LPAs

Health and Welfare LPAs are designed to ensure that your attorneys can make very important decisions on your behalf in relation to care and support, and other matters. In the UK, the usual rule of thumb is that a doctor will decide whether or not to provide you with life-sustaining treatment if you require resuscitation. You have the option of designing your Health and Welfare LPA specifically to instruct your attorneys how you wish matters to be dealt with in such a situation.

The preparation of your Health and Welfare LPA will incur a fee of £400 + VAT at 20%. Formal quotations will depend on the complexity of the application. Please note that our fees do not include disbursements or application fees payable to the Office of the Public Guardian.

Court of Protection

If a loved one has already been deemed to lack capacity to manage either their Property and Finance affairs or their Personal Welfare affairs, you will not be able to apply to the Office of the Public Guardian to act as their Attorney. This is because donors must have the capacity to authorise an LPA to manage their affairs, and so if they do not have that capacity, you will need to make an application to the Court of Protection to become appointed as that loved one’s Deputy instead.

The role of a Deputy is to ensure that a person who lacks capacity to manage these affairs is well looked after and that their affairs are managed appropriately. Unlike LPAs, Deputies are appointed by Court Order and have both important powers and obligations placed upon them.

Property and Finance Affairs

The role of a Property and Finances Deputy is to manage these affairs for a person who is deemed unable to manage them themselves. All monetary transactions must be reported to the Office of the Public Guardian at the end of each reporting period.

The preparation of an application to the Court of Protection to appoint a Property and Finance Affairs Deputy will be charged on an hourly rates basis, once assessed by the Senior Courts Costs Office (“SCCO”). Please note that our fees do not include disbursements or application fees payable to the Court of Protection.

Personal Welfare affairs

The role of a Personal Welfare Deputy is to ensure that any important care and support decisions can be made for those who need them but lack the capacity to make such decisions for themselves. This may include moving a person into care accommodation or long-term treatment for a prevailing illness.

The preparation of an application to the Court of Protection to appoint a Personal Welfare Deputy will be charged on an hourly rates basis, once assessed by the Senior Courts Costs Office (“SCCO”). Please note that our fees do not include disbursements or application fees payable to the Court of Protection.

Statutory Wills

If a person requires a Will to be made but lacks the capacity to execute a Will under the usual rules, an application would need to be made to the Court of Protection to fully execute what is referred to as a Statutory Will.

The preparation of an application to the Court of Protection to execute a Statutory Will shall be charged on an hourly rates basis, once assessed by the Senior Courts Costs Office (“SCCO”). Please note that our fees do not include disbursements or application fees payable to the Court of Protection.

Trusts

Trusts are effective tools at ensuring money or assets are preserved until the person receiving those assets (the beneficiary) is ready to receive them. Often this is the case when they become of legal age.

Bare Trusts

A Bare Trust may be appropriate if you wish for assets to be preserved and untouched until the beneficiary(s) becomes of legal age.

Our fixed fees for a Bare Trust range from £1,000 + VAT at 20%. Formal quotations will depend on the complexity of the estate. Please note that our fees do not include disbursements.

Discretionary Trusts

A Discretionary Trust may be appropriate if you wish for assets to be preserved until the beneficiary(s) becomes of legal age. However, they are less rigid than Bare Trusts and allow the Trustees to make decisions at their own discretion through the running of the Trust, such as whether to release funds from the Trust account prior to the end date of the Trust.

Our fixed fees for a Discretionary Trust range from £1,000 + VAT at 20%. Formal quotations will depend on the complexity of the estate. Please note that our fees do not include disbursements.

Other forms of Trust

You may be considering a Trust but aren’t sure how you wish for it to be structured. Book in a consultation with one of our experts if you wish to discuss the options and fixed fees available.

Lifetime Planning Packages

We offer the following package deals to assist you prepare for later life with peace of financial mind. The following list is exclusive of disbursements and application fees.

For the preparation of a Will and two LPAs we offer a package deal of £900 + VAT.

For the preparation of a Will and a separate Trust Deed we offer a package deal of £1,500 + VAT.