Will Writing and Probate
"Thank you for your prompt and personal attention and kindness
in dealing with my mum's affairs."
Wendy D, Henley in Arden.
Our probate lawyer Mike Bottomley offers a free interview service in circumstances where you are unsure what your legal requirements are. Home visits can be arranged.
Will Writing
You may find the prospect of will writing unsettling and a bit morbid. After all, you are contemplating your own mortality - not something most people find appetizing.
Using a will writer, however, can give you great peace of mind in knowing that you have considered your nearest and dearest and done something positive to look after them. By writing a will you have made a positive and binding statement about how you wish to leave your estate rather than leaving things to the arbitrary intestacy laws.
Ewart Price have been providing will writing and probate services in Welwyn Garden City for over 25 years, helping our clients to avoid the pitfalls of these complex laws.
We will try to ensure that making a Will is as easy as possible for you. We take time to guide you through the process step by step answering any questions you may have. We have written a simple guide "Our Guidelines for Making a Will" (80kb PDF*) and we also provide a Checklist for Will Preparation (20kb PDF*). This checklist can then be used in your initial meeting with us. We are very positive that a face to face meeting should be the only way in which we take instructions for making a new Will. To help you understand "legalese" take a look at our full Glossary of Terms (23kb PDF*).
It is a fact that not being able to locate a Will causes untold distress and potential financial loss for your family. In order to avoid these avoidable problems, Ewart Price are founder members of the Will Registration Service - www.certainty.co.uk.
Dealing with an Estate
We can of course, also provide a full probate/administration service following death.This is always a particularly difficult time for the family and we appreciate that a sympathetic and personal approach is what is required.
For practical information relating to sorting out the affairs of someone who has died, visit www.direct.gov.uk. You can also read our guide - Help and Support in the First Few Days Following a Death.
In response to questions raised by tax payers about the ability to transfer unused nil rate band allowances, HMRC have published frequently asked questions (FAQS). Copies can be downloaded from their website here.
Guidance for Executors
The emotional consequences of bereavement are hard, but it is also a time when practical steps have to be taken. There are a number of people and organisations that need to be told and, of course, a funeral to be arranged. To help you understand the process, please read our Guide for Executors - Dealing with a Loved One’s Death.
Lasting Powers of Attorney
Lasting Powers of Attorney have now replaced Enduring Powers of Attorney. Enduring Powers of Attorney made before the 1st October 2007 are still valid. If you are considering making a Lasting Power of Attorney, then we strongly suggest you make an appointment to discuss the cost of doing so and what is involved.
Please read the article on this website for further information.
Probate Disputes
Following someone’s death there may be issues relating to the correct distribution of assets belonging to the deceased.
If the deceased left a will, are the grounds for challenge? Did the deceased have mental capacity when the will was made? Perhaps someone put pressure on the deceased to favour them above the claims of others.
If no will was left has the estate been distributed in accordance with the Intestacy Rules (which have Statutory Authority)?
Disputes such as this can be expensive, but should be embarked upon urgently following a death, otherwise evidence may be lost, and opportunities to prevent a Grant of Representation being issued until matters are resolved, also missed.
There is a great deal of misunderstanding of the Law of Succession which governs this area. We at Ewart Price have several people who can give you expert advice and who would be more than happy to give you a preliminary view on the merits of a particular case.
Equity Release
More and more of our clients are contacting us at Ewart Price regarding the use of Equity Release. Not only our existing older clients whom are contemplating the use of equity release for them-selves but also our younger clients enquiring or just wishing to find out more information on behalf of family and friends.
Learn more about your options on our Equity Release page.
If you need a will writer or need help with any of the other probate services mentioned above, please feel free to contact us for a free initial consultation.
Mike Bottomley - 01707 387884
mbb@ewartprice.com