Clear practical
legal advice

Solicitors providing expert legal advice for you,
your family and your business.

Category Archives: Will and probate

HCL

Posted by MOTO - Admin

Wills and Codicils

By making a Will you ensure that your estate goes to the people you want to benefit after your death.  If you die Intestate ie without a Will your spouse / partner may not automatically inherit your property and your children might not be provided for as you want.

A Will allows you to appoint the person you want to raise your minor children. Without a Will the court may appoint a family member of their choosing or a State appointed guardian to do this.

If you are still married but not yet divorced and have a valid Will, the existing provisions will apply which may pass your estate to your partner and appoint them as executor. Do you want that?

If you are married but not yet divorced without a Will, the Intestacy rules will apply. By this your existing spouse will inherit everything if you have no children. If you do have children your existing spouse still inherits the first £250,000 of your estate.

If you are divorced then on the date of the decree absolute, for the purposes of any existing Will your Spouse or Civil Partner is deemed to have died and as such cannot benefit from the Will. You should make a new Will to ensure that your current circumstances are taken care of.

If you own property and in a relationship whether married or otherwise you should seek legal advice on how best to deal with the legal ownership to ensure that you both maximise tax allowances for the survivor and that your wishes are fully carried out. This can also be done by way of setting up a Trust.

In short if you make a Will and update it as your circumstances change or are about to change you can be confident that on your death your wishes will be carried out exactly as you want.

If you only need to make a small amendment to your Will provisions this can be done by way of a Codicil which is a note attached to the Will and forms part of it. This is a cheaper option than re writing a Will and we can advise you if it is appropriate to cover your instructions.

HCL

Posted by MOTO - Admin

Trusts and estate planning

They want their Estate to pass to the beneficiaries not the tax man. Hindle
Campbell Law can advise how to arrange your property and affairs to ensure that your Estate passes to your intended beneficiaries in the most cost effective way after your death.

We are experienced in tailoring our advice to your specific needs. We can act as executor or Trustees if needed.

Examples of the areas of law we advise on are:

  • Creation of Lifetime trusts
  • Issues raised by pre-existing trusts
  • Complex Wills for high net worth clients
HCL

Posted by MOTO - Admin

Wills, Trusts and Probate

There could be children Inheritance tax, financial planning, and retirement issues to think about. At Hindle Campbell Law we bring together all the services you require to plan for your future with an easy mind and secure the future for your family and those closest to you.

If you are the owner of a business to ensure your years of hard work are not lost it is essential that you leave a valid Will to direct what happens to your business in the future. By a Will you can also ensure that you maximise all tax relief available. We give specific advice to business owners in relation to the options available in drafting a Will to safeguard their inheritance.

After the death of a relative or friend you will want their legal affairs to be settled quickly and efficiently in a sympathetic but thorough manner. We have a long established reputation for providing a comprehensive and professional service to ensure that your wishes are fully provided for.

We structure our costs for acting in a probate to meet the client’s needs. We give an option to either charge on an hourly rate or we can agree a fixed fee. This will generally depend on the complexity of the Estate.

If you just want us to obtain the Grant of Probate for you and then to administer the Estate yourself then we charge a fixed fee of £500 plus VAT plus disbursements to prepare your inheritance tax return and your ‘oath’, provided the simple inheritance tax return is appropriate (IHT205). If this is a more complex matter i.e. if the IHT400 inheritance tax return is required then we will have to assess the matter with you before we can agree what our ‘Grant only’ fixed fee would then be. The disbursements will be the Court application fee paid to the Probate registry of £155 plus an additional £0.50 per sealed copy of your Grant. Also you will have to swear an oath for executors (if there is a Will) at a cost of £7 per person or, if there is no will, then an Oath for administrators at a cost of £5 per person. We would expect to receive your Grant within 2-3 weeks of submitting your application.

Most people instruct us as solicitors to administer the Estate and distribute the assets in accordance with the terms of the Will or as directed by the rules of intestacy if there is no Will.

We will :-

Collate and investigate all information regarding the deceased’s assets and liabilities to enable us to value the Estate.

Assess the inheritance tax position and advise you accordingly.

Prepare your inheritance tax return and your Oath. We will review these documents with you and then subsequently submit your probate application.

Once your Grant of Probate is issued then will gather the assets and pay the liabilities of the estate.

We will advise you as to when the estate can be safely distributed.

We will then distribute the net estate to the beneficiaries.

It is very difficult to say how long this process takes but usually we can complete the administration of the estate between 6–12 months.

We base our charge upon our basic hourly rates as set out here. We will provide you with a quotation at, or near, the outset of the matter based upon the information held at that time. We reserve the right to charge additional fees should we find additional information during the administration and in certain circumstances. Throughout the course of our administration of an Estate the Executors will be regularly kept updated on the expected time scales to complete and the costs being incurred.

HCL

Posted by MOTO - Admin

Capacity and Court of Protection disputes

This would be applying for them to be removed from the appointment. There are very specific grounds by which you can do this and Hindle Campbell Law we can advise you about this and how to proceed.

You can also act if you consider someone lacks capacity and needs the protection of the Court to administer their affairs and protect from exploitation and possible abuse.