Make your affairs easy to manage and avoid unnecessary costs. Making a will need not be complicated. We offer this service for every client and their partner whether married or not and for partners of the same sex. This service can help you safeguard the interests of your family, friends and dependents.
Keep Life Simple
It is important for both partners to make Wills because you might die together. In any event you should provide for what should happen when you both die.
What does making a will involve?
A legally drawn up Will is a written statement of your wishes. It enables you to make important decisions that affect your family and friends after your death.
Decisions such as:
- Who inherits your estate (i.e. everything you own)? - your beneficiaries?
- Who will act as guardians of your children?
- Who carries out your wishes? - your executors (and your executors may also act as your trustees if your Will creates a trust).
- Why would you create a trust?
- Which charities, if any, are to benefit from your estate?
All of these issues can be incorporated in a Will. A properly drafted Will can spare your family and friends a lot of unnecessary work and upset at a time when they are least able to cope. It also reduces the possibility of making your Will invalid or contestable. You can alter your Will or cancel it at any time, but we will advise on charges at the relevant time.
Why do I need to have a solicitor to administer my estate?
A solicitor's knowledge and experience of the Probate Registry's procedures saves the family and friends having to undertake complicated legal work at a distressing time. Once the Grant of Probate is obtained, assets of the estate have been collected and liabilities discharged. This can involve time consuming work dealing with a number of organisations. A solicitor such as BBH Legal Services Ltd has a dedicated specialised department dealing with Wills and Probates. Your estate will be dealt with quickly with the least amount of inconvenience to your beneficiaries. We will ensure that experts are dealing with the Revenue at all times.
Who will carry out my wishes when I die?
Executors are people who administer - or execute - your affairs and being an executor does not prevent the person from also being a beneficiary of your estate. Husbands and wives of partners can appoint each other as first executors and two (or more) additional executors such as adult sons and daughters or professional people to act as substitute executors in the event of both deaths.
You should consider the appointment of your executors with care. The duties imposed by law on executors and trustees can be time consuming and can lead to personal liability. The partners of BBH are willing to act as executors of your estate, either solely or with a relative or trusted friend. Even when a Will appoints an executor, a Grant of probate must generally be obtained from the Probate Registry. In addition, Capital Tax and Inland Revenue returns may need to be filed, listing full details of assets. For these reasons, executors and trustees nearly always instruct a solicitor to deal with the administration of the estate. We have an experienced Probate Department staffed by skilled solicitors who deal with the administration of estates. Out costs are reasonable and are calculated on the basis of the amount of work involved which is quoted to you at the outset of the case. Our costs can always be subject of independent review and scrutiny by the Legal Services Ombudsman.
Inheritance Tax or IHT as it is sometimes referred to is levied on a person's estate when they die. We can offer effective Inheritance Tax advice, so that part of your estate is not lost in paying taxes.
This is the name given to a Will which does not deal with matters after a person's death but seeks to control medical treatment before that person's death. A Living Will may contain a statement or direction about that person's medical treatment which they are no longer able to communicate the circumstances in which they do not want medical treatment. In a Living Will you can set out what medical treatment you wish to refuse in what circumstances. However treatment to cause death cannot be directed.
Lasting Power of Attorney
A Lasting Power of Attorney is a legal document in which you (the donor) appoint someone (the attorney) to make decisions on your behalf. A Lasting Power of Attorney allows your attorney to make decisions on your behalf if you become mentally or indeed physically incapable of looking after your affairs. Note: Lasting Power of Attorney can only be used once it has been registered with the Office of the Public Guardian.
You cannot make a Lasting Power of Attorney once you have lost mental capacity. If a person has no Lasting Power of Attorney in place the Court of Protection may appoint a deputy to make decisions on behalf of such a person. The process involved in such circumstances can be more expensive take longer to organise.
Nobody can predict when they will become mentally or physically impaired and will need someone to look after their affairs. Such situations could be the result of an accident, illness or simply the ageing process. Whilst there is a cost involved in making and registering a Lasting Power of Attorney, by making one when you are in full control of your affairs saves a great deal of money and inconvenience in the long run.
Online Will Questionnaire
You can complete our will questionnaire here.