Wills

Why should I make a Will?
Making a Will enables you to choose what happens to your property and possessions after your death. It allows you to make provision for those you care for and helps to prevent family disputes. Without a Will your family and friends can suffer additional turmoil at an already stressful time. This is because if you died without having made a valid Will your assets would be distributed under the rules of the Law of Intestacy and may not go to the people you would want to benefit.

When should I make or review my Will?
At Whiteside & Knowles we believe that everyone should consider making a Will and, because circumstances change during an individual’s lifetime, review it regularly. Our specialist legal team in Morecambe will give you sensible, clear advice about the options open to you.

You should consult us about making or changing your Will if you:

• Have just got married or entered into a civil partnership (both will revoke an existing Will)
• Have married or entered into a civil partnership for the second time but have children from your first relationship and need to consider the claims of both your spouse/civil partner and your children
• Cohabit and want to provide for your cohabitee (remember your cohabitee would not benefit under the law of intestacy)
• Have children who will need looking after if you die
• Are going through a divorce or civil partnership dissolution
• Own a business
• Do not have close relatives but have clear wishes as to whom you want to inherit your house, savings, life insurance benefits or Death in Service benefits
• Do not want to pay or want to reduce Inheritance Tax on your death.

How should I choose my Executors?
Your Executors are responsible for making sure that your wishes as expressed in your Will are carried out after your death. Usually two people are appointed. It is important to select from amongst your family members, friends or professional advisers those whom you consider suitable.

The solicitors at Whiteside & Knowles have the skills and expertise to act as Executors for you should you require to appoint someone along with, or instead of a member of your family or close friends.

What happens after I have made my Will?
We can keep your original Will in storage at no charge. You will receive a photocopy for your records.

If you wish we can register your Will with the Certainty National Registry of Wills so that it can be traced after your death.

If you would like further information about Certainty then please contact us or see www.certainty.co.uk

How much will it cost?
We offer a fixed fee for a typical straightforward Will and we will give you a realistic estimate where more complex advice is required, for instance in relation to Trusts or Inheritance Tax Planning. We will discuss our professional charges with you at your first appointment.

Contact Us
If you are interested in finding out more about making or reviewing your Will, please contact either Tony Collinson or Charles Wilson on 01524 416315 or click here to complete our enquiry form and we will contact you.

We will be happy to see you at our office in Morecambe or at your home or in hospital if you are unable to come to our office.

Probate and Intestacy

When a person dies in England and Wales their estate will be distributed either in accordance with the terms of their Will or under the strict rules of the Law of Intestacy.

A Grant of Probate is the legal authority given to the Executor of a Will which enables them to deal with the property of the person who has died.

Where the deceased has not made a Will and has died intestate the legal authority to distribute their estate is known as Letters of Administration and the person appointed to do this is called an Administrator. Usually blood relations of the deceased are appointed as Administrator.

What you will have to do if you are an Executor or Administrator
You will have to take care of all the administrative and financial issues which naturally arise. This usually involves:

• Valuation of all assets at the date of death
• Completing the Inheritance Tax form and the Executor’s/Administrator’s Oath
• Receiving the money and selling or transferring property
• Completing the Trust and Estate Return
• Paying any tax due to the Inland Revenue and any debts
• Paying any legacies and distributing the balance
• Considering any Deeds of Variation and Inheritance Tax claims.

How we can help

• At a time of bereavement you may need someone to take the strain of dealing with all of this.
• Our specialist team have years of experience of acting in Probate and Intestacy matters and place great emphasis on providing a highly personalised service to clients.
• We pride ourselves on our efficiency in finalising the administration of the estate as quickly as possible, keeping you fully informed of progress and making interim payments to beneficiaries when appropriate.

How long will it take?
The administration of an estate may take up to a year. It can take longer, for example, if the administration involves complex tax matters, concerns business assets or there is property to be sold. If we think that there are additional factors which are likely to affect the administration, we will inform you.

What about Contested Estates?
In some circumstances you may want to question the validity of a deceased’s Will (e.g. for lack of mental capacity or some other reason) or you may be an Executor or Administrator (also referred to as Personal Representatives) of a disputed Will. In such cases it is important that you obtain advice from a solicitor as soon as possible.

We can also advise you about your rights under the Inheritance (Provision for Family and Dependents) Act. If you think that you have not received adequate financial provision either under the Will of a deceased relative or by way of the intestacy rules you may be able to make a claim against the deceased’s estate under the Act.

For more information click on Inheritance Claims.

How we can help you
Tony Collinson is a member of the Association of Contentious Trust and Probate Specialists and he can advise you about a disputed inheritance problem.

How much will it cost?
We will give you a realistic estimate of the costs involved at the outset and keep you informed about costs as the work progresses.

Contact Us
If you need advice on a Probate or Intestacy problem contact Tony Collinson or click here to complete our enquiry form and we will contact you.

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