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Wills
It is always advisable to have a valid Will to ensure that your wishes are followed after your death. If you are married or in a relationship it is beneficial to you and your family for you to have prepared a Will. A Will is used to state your wishes after you have passed away and so is there to provide you with peace of mind that your money and other assets will be distributed as you wish and that your dependents will be taken care of. If you do not have a Will your assets will be divided according to the Rules of Intestacy.
We provide constructive advice on every aspect of preparing your Will and help you to make informed decisions in relation to your property and assets. We will draw up your Will making sure that provision is made for all the people important to you, advise you on your assets to ensure protection of your wealth and arrange for your Will to be signed. Where appropriate we will always recommend that you take independent financial advice before we prepare your Will.
We offer clear advice and prepare your document and arrange for it to be formally signed to ensure it is valid.
We provide you with a fixed fee for Wills and a discount if a couple are having identical or very similar Wills prepared.
Review of Existing Wills
It is important to have your will reviewed at major life events such as births, deaths, marriages and divorces. You should also have your will checked and updated if your financial circumstances change significantly so that your estate is structured to minimise Inheritance Tax liability. We can look at any existing Will to see if it still meets your needs. We do not charge you a fee for providing this advice. If we advise you to prepare a new document we would then give you a fixed fee for the work to be carried out.
Storage of Will
We can store your original will in a fireproof safe here so that your will is in a safe place and can be easily accessed by your executors when the time comes.
We can visit you at your home or see you at our Office in Heswall.
Probate
Probate is the term used for dealing with the affairs of someone who has died. It covers the whole range of situations, from dealing with a simple estate to a highly complicated one, whether there is a Will or not. Our fees are competitive. Our service is comprehensive and we are regulated and insured in accordance with the requirements of the Solicitors Regulation Authority. We are independent and local.
We will guide you through the process and keep you regularly updated.
Solicitors Specialising in Contested Wills
Contesting a Will (or contentious probate as it is often known) is sadly becoming increasingly common. It is however a specialist area of law and we strongly recommend that if you are thinking of Contesting a Will, you need to choose a Lawyer who is really experienced in this area. Our Jacqueline Campion has experience in this area and is also about to complete the last year of a 3 year Specialist course with ACTAPS (the association of trust and contentious probate Solicitors)
Reasons for Contesting a Will
Inheritance Claims– claims that dependants or family did not get 'reasonable financial provision' from the deceased’s estate under the Will or the intestacy rules (under the Inheritance Act 1975)
• Professional negligence claims against solicitors or Will writers arising from negligently drafted Wills
• Disagreements between executors
• That the deceased lacked mental capacity when making the Will
• That the testator made the Will under duress or undue influence.
• That the Will was fraudulent
• That the Will was not validly made in the first place
• That the Will had already been revoked and is not effective
• That the Will is not the last Will of the deceased
• Time limits for Contesting a Will
Any claims for Contested Wills must be made within six months of the grant of representation and ideally within six months of the death of the testator. If you are thinking of Contesting a Will, contact a specialist Contentious Probate Lawyer straightaway.
How much does Contesting a Will cost?
Lasting Power of Attorney (LPA)
It is sensible to plan ahead and set out in advance what you would like to happen should you become unable to make decisions for yourself in the future.
A Lasting Power of Attorney allows you to select an individual, who must be over the age of 18, to act on your behalf.
There are two types:
• A property and financial affairs LPA for decisions about finances
• A health and welfare LPA is for decisions about both health and personal welfare
All LPA’s must be registered correctly before they can be used.
We are extremely experienced in dealing with LPAs. We take instructions, prepare the paper work and submit the papers for registration within a few days, providing reassurance and peace of mind.
We provide a fixed fee and can see you at your home or in our office. We are happy to have a no obligation discussion about the options that you have.
Deputyship Applications
If someone close to you has recently lost mental capacity we can help you make an application to the Court of Protection to the effect that you should be appointed as your loved one’s Deputy meaning that you will then be able to make financial and other decisions on behalf of your loved one.
This is a complicated procedure, usually required at a stressful time. We prepare all the documents and ease you and your family through the process. We will provide you with a fixed fee and details of other costs such as the Court Fees and any other fees.
We offer a FREE initial consultation. At that stage we should be able to give you an estimate of our legal fees. You can then choose whether to go ahead with contesting the Will and decide whether you wish to instruct us.
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