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Wills And Probate Team

Wills And Probate

At ESN we know how important it is to give your loved ones a secure future and how much of a weight is lifted once you begin making plans.

Our Probate, Wills and Trusts team have a wealth of knowledge and experience and can offer you a caring and sympathetic service at what can be an emotional time.

From start to finish our specialist solicitors will work efficiently to get you the best result. Whether you are creating or contesting a Will, seeking a grant of probate, or simply want to look ahead and plan financially – we can guide you through the legal jargon and take away the stress.

Probate

When somebody dies and has left a Will, they will usually have named one or more people to act as ‘executor’ and/or ‘trustee’ who will deal with their estate. If this is you, we can advise on whether you need to apply for a grant of probate – a legal document, which gives you permission to administer the deceased’s estate.

Where there is no Will (known as dying intestate) we can advise on the relevant intestacy rules and your entitlement under the rules and the procedure to make an application for a grant of letters of administration to administer the deceased’s estate.

Whatever the situation, we are qualified to direct you of any appropriate variation to limit possible inheritance tax liability.

Fixed fee initial advice: We offer a fixed fee initial consultation in the sum of £100 plus VAT (20%).  To deal with the administration of the estate we charge on the basis of time spent at an hourly rate of between £175 and £225 plus VAT and disbursements including Probate Fee of between £155 and £175.  The administration of the estate includes ascertaining the value of the estate, preparing relevant documentation, settling any inheritance tax due and making application to the Probate Registry for the grant of representation.  On the issue of the grant, we will collect assets due to the estate, make settlement of liabilities due from the estate and make distribute the estate.  The administration of the estate is normally completed within 6 to 12 months and an estimate of the likely cost based on the time spent and the likely disbursements will be provided once the extent of the estate has been established prior to commencement of the matter.

Disbursements

Subject to confirmation at the time of application:
– Probate Fee – £155 plus £1.50 per additional copy
– Land Registry office copies £6
– Bankruptcy searches – £2 per beneficiary
– Copy Death Certificates – £14.50
– Copy Probates – £1.50

Wills

Making a Will ensures that your last wishes are honoured and secures a future for your family and loved ones. It ensures that there are no disputes between family members about who should get what and protects your estate from being subject to increased Inheritance Tax. We can guide you on such legal implications and the use of Will Trusts to retain flexibility and protect your assets.

It is important that you seek specialist legal advice when considering writing a Will to ensure that your assets pass onto those who you intend to benefit after your death. Without one, intestacy rules dictate who will inherit what, so your spouse/civil partner, relatives, friends, or charities, may get nothing.

ESN submit your Will on Certainty – the national Wills register, endorsed by the Law Society, for which you receive an official certificate of confirmation.

Wills range from £295-£795, prices for joint wills will incur additional costs.

Lasting Power of Attorney (LPA)

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more ‘Attorneys’ to act on your behalf, or help you make decisions if ever you are not capable of doing so in the future.

Anyone aged over 18 with mental capacity can appoint an LPA, which replaced Enduring Power of Attorney (EPA) in 2007. Although it seems morbid to think about, should the worst ever happen; you can rest assured that your affairs will be taken care of.

There are two types of LPAs – one dealing with property and finance, while the other covers your health and welfare. Whether you have a valid EPA or LPA, our team at ESN has many years of experience.

LPAs range from £375 – £795 for a single LPA, prices for joint LPAs will incur additional costs

Court of Protection

The Court of Protection is a specialist Court for all issues relating to people who no longer have the mental capacity to make specific decisions and an LPA/ EPA has not previously been made. We can advise and assist relatives with the complicated procedure to deal with an application for appointing a ‘Deputy’, who will deal with the affairs of that person or ‘Donor’.

Court of Protection price £850 plus Court Fee of £365.

We specialise in:

– Making and changing a Will
– Contesting a Will
– Probate
– Administration of a deceased estate
– Lasting Powers of Attorney (LPA)
– Court of Protection
– Care home and Care fees planning

All prices are subject to 20 % VAT.

Services

Wills

– Advise Client and Take instruction
– Draft Will
– Obtain approval to draft Will
– Engross Will
– Signature and Witnessing of Will

LPA

– Advise Client and Take instructions
– Prepare lasting power of attorney(s)
– Obtain approval and signature of Donor
– Arrange for Certificate Provider to attend Donor and Sign to confirm Donor understands the legal implications and Powers of Attorneys
– Arrange for Attorneys to sign
– Arrange registration at the Office of the Public Guardian

Court of Protection

– Advise Client and Take instructions
– Prepare Court of Protection application forms
– Medical Certificate to qualified Doctor to accompany the application
– Obtain approval and Signature to application forms
– Submit an application to the Court of Protection
– Forward Notice to the client to serve on Donor and serve relatives and close friends
– Submit confirmation of Notices being served to Court of Protection
– Arrange Insurance for a client required by the Court of Protection
– Distribute Court Order following registration

Probate

Will: Grant of Probate
– Advise Client on terms of Will
– Collect details of assets due to the estate and liabilities due from the estate
– Advice on IHT implications
– Prepare IHT forms and Grant Application
– Obtain approval and signature of clients
– Settle IHT (where  appropriate)
– Submit Probate application
– On receipt of Grant register Grant with financial institutions
– Obtain funds due to the estate from the financial institutions
– Deal with property transfer/sale
– Prepare Estate Account for approval by Executors
– Distribution of estate

Intestacy: Grant of Letters of Administration
– Advise Client on rules of Intestacy and ability to apply for the Grant
– Collect details of assets due to the estate and liabilities due from the estate
– Advice on IHT implications
– Prepare IHT forms and Grant Application
– Obtain approval and signature of clients
– Settle IHT (where appropriate
– Submit Grant application
– Register Grant with financial institutions
– Obtain funds due to the estate from the financial institutions
– Deal with property transfer/sale
– Prepare Estate Account for approval by Administrators
– Distribution of estate

Timescales

1. Obtain details of assets and liabilities and prepare IHT and Grant Application: 3 – 6 months
2. Collect assets due to the estate and liabilities due from the estate: 2 – 3 months
3. Settle liabilities and Distribution: 2 – 3 months

All prices are exclusive of VAT charged at 20%.

Contact Us

ESN Solicitors

267-273 High Street

Erdington, Birmingham

B23 6SR

T: 0121 377 7773

F: 0121 377 6621

E: info@esnsolicitors.com

Social Media

Contact Us

ESN Solicitors

267-271 High Street

Erdington, Birmingham

B23 6SR

T: 0121 377 7773

F: 0121 377 6621

E: info@esnsolicitors.co.uk

Social Media

A List of our Partners is available for inspection at our Registered Office.

We are authorised and regulated by the Solicitors Regulation Authority. Our Solicitors Regulation Authority Number is 441787

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