Rose Law Solicitors

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Wills, Probate and Power of Attorney

Why choose Rose Law Solicitors?

Please read our About Us page for more about Rosy Chanders experience.

Will Writing

Sometimes a simple will is all that is needed. One that outlines your wishes.

Sometimes a more complex will is required because your circumstances are more complex.

We have the expertise to create the will that best suits your needs and requirements.

Cost of Will Writing service starting from £200.

Why you should make a Will

If you do not make a will, the law applies “rules of intestacy”, which set down who will benefit from your estate and in what order these benefits shall accrue. The rules may not do what you want or expect. The rules of intestacy do not recognize a “common law” husband or wife or other partner including same sex partnerships. As a result, even if you have lived together for many years, your cohabitant may be left with nothing if you have not made a will. In these circumstances a will is essential.
There may be squabbles over who should or should not look after your children, and their money. In a will, you can appoint guardians to look after them and trustees to take care of their finances.
If your estate is worth more than The Inheritance Tax Limit your loved ones could pay tax at 40% on inheritance following your death. A carefully drawn tax planning will can save a significant amount of tax if prepared properly.
A will can provide that items of monetary or sentimental value can go to people who can care for, appreciate and look after them.
If you are not actually married or in a civil partnership and you do not make a will, your long-term partner will not benefit from your estate.
In a will you can appoint responsible people as your “Executors” to organise things and do the paperwork.
Your wishes may not be known unless you write them down. Worse still, your loved ones, at a time of emotional turmoil, may be further stressed by having to guess at what you really wanted.
This is a serious consideration for many people. Why should you benefit the government, when your favorite charity may be in need?

This may not be what you want, especially if you have left property to children of a previous marriage or civil partnership. Similarly a will should be re-drawn at the time of divorce even if re-marriage is not contemplated.

 

Perhaps the “11th” reason is to give yourself peace of mind. It is never too early to consider these difficult subjects, and a conversation with me may be of great assistance.

Trusts

These can be ideal for many circumstances.

Do you want to put some financial security in place for a loved one?

Do you want to protect all you have from getting into the wrong hands?

Rose Law Solicitors can help you do this.

Probate

We care.

This can be an extremely difficult time. Dealing with grief and someone’s estate is time consuming and emotionally draining.

There are many considerations. Money, property, inheritance tax, debts, other assets and distributing the estate to the beneficiaries.

Our compassion, understanding and expertise allows us to be able to guide you through the administration of your loved one’s estate.

If you are an executor of the will or a relative has died without a will then we can assist and guide you through the process.

Fees

Grant of Probate fees from £725 and the all inclusive Court Fee of £273
Letters of Administration frees from £725 the all inclusive Court Fee of £273
Admin of non-taxable simple estate fee from £1,900 and the all inclusive Court Fee of £273
Admin of taxable complex estate fee from £3500  and the all inclusive Court Fee of £273

You can order extra copies of the probate document for £1.50 each. This means you can send them to different organisations at the same time.

 

*Fees Subject to change, for the latest fees please contact us.

Disbursements and court fees will attract VAT.
Kindly note that VAT is not applicable as we are not a V.A.T registered company.

Please note VAT is a government tax that we are required to charge, and will usually be added at 20% to the disbursements except where the disbursements are outside the scope of VAT. 

The key stages of Administering an Estate

Key Stages for the Grant only Application
Grant of Probate and Letters of Administration

Timescale: 3 – 6 months for a typical Grant only Application 

  1. Determine the value of Assets and Liabilities of the Estate contact all asset and liability organisations. 
  2. Prepare the Application for the Grant and submit to court. 
  3. Prepare any Notices, where relevant. 
  4. Complete the relevant returns to HMRC of the value of the estate for Inheritance Tax and settle where due. 
  5. Once the Grant has been received from Court, this will be handed to the client to continue their own administration of the Estate. 

Stages for the Full Administration of the Estate

Timescale: 1 year – 18 months for a typical estate:

  1. Determine the value of Assets and Liabilities of the Estate contact all asset and liability organisations. 
  2. Prepare the Application for the Grant and submit to court. 
  3. Prepare any Notices, where relevant. 
  4. Complete the relevant returns to HMRC of the value of the estate for Inheritance Tax and settle where due. 
  5. Prepare any Notices, where relevant. 
  6. Once the Grant has been received, dealing with all assets and liabilities, whether encashment and or transfer. 
  7. Draft estate accounts for Executor Approval and deal with distributions to beneficiaries. 

Power of Attorney

Sometimes difficult decisions are necessary in order to protect what you have and make sure it is dealt with by someone who you know will look after you and your assets.

A Power of Attorney is a legal document that gives another person legal authority to act on your behalf should the need ever arise.

It is split into 2 types:
• Health and Welfare

This allows one or more persons to make decisions about your living arrangements or medical care.
• Property and financial affairs

This covers your property and finances and allows decision to be made about them.

You can choose one type of power of attorney or both.

They take affect when you are unable to make these decisions. These cover events that may never happen but if they do and no Power of Attorney has been made, then an application to the Court of Protection has to be made to appoint someone to act on your behalf.

If you feel you would like to discuss anything about this, then please contact us.

We’re here to advise and help you.