A Will is a formally executed document which records how you wish your assets to be distributed on your death. There are strict rules prescribing how a Will should be executed. If they are not followed then your Will may invalid which is why it is important that you instruct a qualified solicitor to write your Will.

Many people assume that their money and possessions will automatically pass on to their spouse or partner and children. However, this is not always the case. Unmarried partners have no right to inherit unless named in a Will, no matter how long the relationship.

A Will should:

• clearly outline how you wish your assets to be distributed.
• set out who you want to handle your affairs.
• indicate who should take on the responsibility of caring for your children if they are under 18 or need longer term care.
• assist with inheritance tax planning and protection against care home fees.
• prevent future disputes for your family and loved ones.

Once you have a Will in place you can be reassured knowing that your wishes will be carried out should anything happen to you.

To arrange your appointment call 01727 869293.

Inheritance tax is charged on the value of your assets held at your death. With proper preparation and advice, reliefs and exemptions are available. At Bretherton Law our experienced team can advise on the steps to take, whilst you are still living, to minimise inheritance tax, either by making a tax efficient Will or by making gifts during your lifetime. However, these gifts are subject to strict rules and time limits. The earlier you seek professional advice, the more you and your family will benefit.

You should also review the arrangements you have made regularly as the law and allowances do change.

To arrange your appointment call 01727 869293.

A Lasting Power of Attorney (LPA) is a legal document that allows people of your choosing to manage your financial affairs and to make decisions about your welfare if you become unable to do those things yourself, often because of Alzheimer’s disease or dementia.

It is not possible to create an LPA if you become unable to make your own decisions so it is something you should consider putting in place as soon as possible. It does not have to be used immediately and you can run your own affairs and make your own decisions for as long as you are able.

There are different types of LPA depending on what areas of your life you would like an attorney to deal with. To be valid, an LPA must be registered with the Office of the Public Guardian.

At Bretherton Law, we can help with all aspects of creating an LPA – from choosing an attorney and deciding what type of LPA is right for you to correctly registering the documentation.

To arrange your appointment call 01727 869293.

If it is too late for a Power of Attorney and a person is unable to make their own decisions because of mental incapacity, you can ask the Court of Protection to appoint a deputy to act on their behalf. This could be to manage their financial affairs or to make decisions about their welfare. The deputy is usually a family member, close friend or solicitor.

At Bretherton Law, we can assist you with the deputy application or with the ongoing responsibilities of acting as deputy such as completing the annual accounts required by the Court of Protection. We can also act as professional deputies.

We can also assist with applications to the Court of Protection for permission to make a statutory will or to make gifts from the funds of the person who lacks capacity.

To arrange your appointment call 01727 869293 .

When somebody dies, an appropriate person must collect in their assets, settle any debts and distribute the remainder to the beneficiaries. If there is a valid Will, this task will be undertaken by the Executor. Where there is no valid Will, the intestacy rules set out who must act as Administrator and who will benefit from the estate.

If the value of the estate exceeds £15,000, a Grant of Probate or Grant of Letters of Administration will usually be required. This is a document issued by the Probate Registry. An Inheritance Tax Account (short or long form) and Oath must be completed by the Executor or Administrator in order to obtain the Grant.

At Bretherton Law, we can advise you on the validity of a Will or, if no valid Will exists, guide you through the intestacy rules. We can handle the administration of the estate and advise the Executor or Administrator about the steps they must take to ensure they comply with the law, the deadlines to avoid financial penalties and how to protect themselves from claims. Our expert team are also experienced in preparing Deeds of Variation should beneficiaries wish to vary the distribution of the estate.

For the recently bereaved, who are faced with administering an estate, we offer a free 20 minute consultation. This consultation will help you understand the probate process. There is no obligation to instruct following the appointment but the consultation will help you to decide on the next steps forward.

When the documents that give someone the legal right to administer the estate of a deceased person (known as Grant of Probate or Letters or Administration in this country) are issued in a foreign country they will not give the person (s) they are granted to the rights to administer UK based assets unless, they are Resealed by the UK Probate Registry. The process is known as resealing a Grant of Probate.

People think of trusts as a form of tax planning but they are used primarily to protect vulnerable people and to preserve assets. There are various types of trust and they can be created during your lifetime or by your Will.

Trusts can be used to safeguard your interests if you’re buying a house with someone, especially if you’re not married. If you’re a grandparent, you might use a trust to provide for your grandchildren’s education. If you have a disabled child, a trust can be set up to ensure that their entitlement to means tested benefits is not affected.

At Bretherton Law, we can advise you on trust creation as well as assisting with the ongoing work involved such as completing annual Trusts & Estates Tax Returns for HMRC or preparing Deeds for the Retirement and Appointment of Trustees.

To arrange your appointment call 01727 869293.

The Solicitors Regulation Authority requires us to publish certain information about our costs for uncontested probate on our website. In most cases we provide a fixed fee for the administration of an estate but in some cases we charge the work at an hourly rate.

Our fixed fee prices start at £1,600.00 (excl VAT) for a simple Grant only application and could range up to £80,000.00 (excl VAT) for a more complex matter.  Factors affecting the complexity of the matter include:

• Whether there is a valid will;
• Whether the deceased owned any property and, if so, how many properties they owned;
• How many different bank accounts and investments the deceased had;
• Whether the deceased had any assets abroad;
• Whether the deceased had any shareholdings;
• How many beneficiaries there are;
• Whether there are any liabilities to settle; and
• Whether inheritance tax is payable.

If charging an hourly rate (currently £275 plus VAT), a typical estate administration may take between 30 and 40 hours however we will provide an estimate of the likely cost when we know the complexity of the estate including details of the deceased’s assets and liabilities, the number of beneficiaries involved and consideration of the other factors listed in the paragraph above.

Please telephone us to discuss your particular circumstances and we will provide an accurate quotation, we offer a complimentary no obligation initial consultation to discuss your circumstances.

We will inform you if any unforeseen additional work becomes necessary that could increase our quotation, for example because further assets are discovered which cause inheritance tax to become payable.

VAT at twenty percent and disbursements (payments that we must make to other parties on your behalf) are not included in our fees. Likely disbursements are:

Key stages & Timescale

Although it is hard to generalise, we set out approximate timescales below. Please be aware that we remain reliant on information from third parties e.g. bank/building societies, registrars and creditors. Therefore, unless we have all the information necessary from such institutions, there can be a delay.

During the administration of the estate, we will update you regularly either by means of telephone, letter or e-mail as you prefer.

You can see more about our wills & probate team on the Our People page.