WILLS & PROBATE

- WILLS

We understand that making a Will is very personal and can be difficult for the individual, emotionally, as they try to establish to whom they should leave their possessions.  We will endeavour to ensure that the process of making a Will is made easy for you, with straightforward advice and assistance; knowing that as an individual this process is unique to you.

Why make a Will? 

Making a Will is one of the most important things that you can do.  As for most of us, what happens to our property and family when we die is a matter of great importance and therefore by making a Will, you can set out who administers your estate and who is to benefit and in what proportions.  Without a Will, the intestacy rules will dictate what happens to your estate and this may not be in line with how you believe your property should be distributed upon your death.

A Will sets out who is to benefit from your Estate (money, property and possessions) after your death.  There are many good reasons to make a Will, such as: -

·         You can decide how your assets are shared

·         If you’re an unmarried couple, you can make sure your partner is provided for

·         You can make sure you don’t pay more Inheritance Tax than necessary

·         If you have children, you can choose guardians to look after them in their minority

Making a Will is the best way to ensure your Estate is passed on to family and friends exactly as you wish.  It you die without a Will, your assets may be distributed according to the Law rather than your wishes.

Married couples often assume wrongly that they do not need to make a Will; they believe that when they die, everything would go to the surviving spouse.  This is not true and failure to make a Will could cause unnecessary inheritance tax liability.  So for married couples, a Will is essential.

By creating a Will you can ensure that your monies, personal belongings and property pass to the specific people you want and in a manner that you want.

We at Salena Dawson & Co. Solicitors not only prepare simple Wills for a fixed fee, we can also prepare more complex Wills that would meet your individual requirements.  Such Wills could include provisions dealing with trusts for minors, the mentally incapable, guardianship provisions, conditional legacies, rights of residence and leaving specific gifts to individuals.

A Will allows you to: -

·         include legacies to charities and individuals

·         choose those who would be responsible for administrating your estate by naming your

      executors

·         appointment guardians to look after any minors and provide monies for their

      maintenance

·         save on inheritance tax

·         secure your home for your spouse or partner

Make a Will today for peace of mind.

When a person dies somebody has to deal with their Estate by collecting in all the money, paying any debts and distributing what is left to those people entitled to it.

What is Probate?

Probate is the court’s authority; given to a person or persons to administer a deceased person’s Estate and the document issued by the Probate Service is called a Grant of Representation.  This document is usually required by the asset holders as proof to show the correct person or persons have the Probate Service’s authority to administer a deceased person’s Estate.

Usually, the person named as Executor in the deceased's Will undertake the duty of dealing with the Estate.  Sometimes this seems daunting and sometimes a person named as Executor in a Will cannot undertake their duties because of the demands in their own busy life. At these times, we can become Executor and we can deal with matters upon their behalf. Or we can help advise and assist the Executor in a friendly, efficient and straightforward manner, doing as much or as little, as required.