Wills and Probate
If you are currently going through, or are about to start, the process of drafting your will, you’re probably worried about the cost of hiring a solicitor. You don’t have to, because at PX Barristers, we specialise in giving people like you direct access to a wills and probate barrister. We understand that drafting a will is a complicated and deeply personal experience, so that is why we aim to connect you only with wills and probate barristers who specialise in the field.
One thing you definitely don’t want is to see your personal assets scattered here, there and everywhere. This is why properly drafting a will is so important, because when your family is already dealing with the loss of a loved one, they shouldn’t have the additional burden of sorting your personal affairs. Getting connected with a wills and probate barrister means you can get a will that truly represents you. Contact our team today on 0800 888 6760 and we’ll start the process.
How can PX Barristers help me?
At PX Barristers, our mission is to get you connected with a considerate barrister who can clearly explain exactly what you need to do. They can break down the barriers of wills and probate in a way that will make the whole process as simple as it can be, without skimping on the important details. A key benefit of our direct access to barristers plan is that you eliminate the cost of hiring a solicitor. Of course, your barrister will still need a range of documents to help support you through the will drafting process. You can do this yourself, but unless you have a background in law it may be rather challenging. This is where we can help. Our dedicated team of paralegals are experienced in supporting barristers across a diverse range of cases. We’ll assist you and your barrister through compassionate advice and impeccable documentation. You can also rest assured knowing that we track the success rate of our carefully vetted barristers to ensure you get only the best possible legal support.
Even if you’re simply updating an existing will, liaising with a knowledgeable barrister can go a long way in spotting any potential loopholes. PX Barrister’s team of paralegal experts can represent your intentions to the barrister, so they can best make the changes necessary to your will. Get connected with a barrister today, or for more information, contact us on 0800 888 6760.
If you don’t own significant assets and are wondering how to pay for legal fees, then you might want to consider a convenient payment plan in the form of legal cost finance. Payment plans (via Legal Cost Finance) have been welcomed with open arms by the legal services industry and you can find out more about them here.
Why shouldn’t I work with a solicitor?
Generally speaking, solicitors are rarely self-employed and because they work for a larger company, they charge extortionate fees. Now whilst this may sound a little cynical, it is a truism in life that companies usually put their profits before the people they work with. Most solicitors also charge for the time they’ve spent on a case overall, instead of how much work they’ve actually done.
At PX Barristers, we believe this is unprofessional and in many cases, wholly unethical. Our service removes the solicitor entirely, without cutting back on the quality of proper legal support. With expert paralegal assistance, we can fulfil the role of the solicitor at a fraction of the cost. Make sure you get the paralegal support you require by contacting us on 0800 888 6760.
More so than many decisions in life, deciding what happens to your possessions, shares, financial assets and property investments is particularly daunting. Drafting a will is a life-changing process, but it isn’t one you have to go through alone. Choosing to create a will with a considerate and compassionate barrister can go a long way in giving you and your family some peace of mind.
When drafting a will, you, the testator, must have a witness’ signature to make the document legally binding. You must also be sure to identify individuals you can depend on to act as executors who will handle your estate affairs, as well as a list of beneficiaries who have access to your assets. After creating a will, it is highly important to make sure your will is entrusted with a reliable solicitor, bank, will storage service or with the Probate Department.
Seeking the appropriate legal advice to help draft your will can help avoid missing pages, incorrect names, incomplete signatures and no witnesses that would lead to your will being declared invalid by the Probate Registry. If your will is invalid, it’ll be as if you had no will at all. The Probate Registry can then divide your property which may result in key beneficiaries not getting the financial support they are entitled to.
If you already have a will but want to make amendments, you will need to add what is known as a ‘codicil’ to the existing will. However, if the changes you want to make are significant (divorce and remarriage, amending gifts or changing beneficiaries and executors), it is advisable that you create a completely new will. Our team of expert paralegals are always available to help advise you on the best course of action for your will. Contact them on 0800 888 6760 today for comprehensive advice.
Grounds for contesting a will
When you lose a loved one it is an incredibly challenging time for the whole family, especially when there are nasty disputes over the contents of a will. Under the Inheritance (Provision for Family and Dependents) Act 1975, you have legitimate grounds to contest a will when:
- The validity of the will is in question
- The witness’ signature isn’t correct
- The will is believed to be fraudulent
- The testator was mentally incapacitated or did not understand what they were signing
- The contents of the will do not reflect a promise made in person
- The testator was under undue pressure to sign the will
- Adequate provision was not given for financial dependents
- If there is a dispute over intestacy
It is possible that family members may be able to halt the next step in the will process by submitting a caveat to the Probate Registry. What this does is stop the issue of a grant representation for 6 months, if you wish to make enquires, or seek Alternative Dispute Resolution (ADR) and mediation to come to an agreement on the will.
Our specialists in wills and probate can help secure assets for your family’s future in case of a bereavement. If you’re worried you don’t have the experience to properly draft a will yourself, our legal team can help. We have years of experience in the field of wills and probate and our direct access barristers can help you draft your will to a high degree of precision, ensuring it best represents your interests and intentions. Start drafting your will with a specialist barrister today, or for more information, contact our paralegals on 0800 888 6760.
Trusts and estate management
We understand that you want to prepare for any eventuality to ensure that your loved ones are taken care of. Trusts can help you effectively manage your property and assets, should the unexpected happen. In these circumstances, you can appoint a trusted family member, legal professional or bank as your trustee, to oversee your estate and ensure your beneficiaries receive what is entitled to them.
A trust typically has two types of beneficiaries, one that receives income from the trust throughout their lives, and another that receives the remainders of the the estate after the first beneficiaries pass away. One of the main reasons individuals create trusts is because it avoids the complex process of probate, which can save substantial time, legal fees and paperwork. Trusts are attractive because they help further reduce the uncertainties present in drafting a will. They can remain private too, meaning they will not become a part of the public record.
You may want to consider a trust if you:
- Want added protection for your capital and assets
- Co-own a house
- Wish to create lifetime gifts or financial security for young relatives
- Want to minimise your Inheritance Tax (IHT)
- Have a severe medical condition and want to make special provisions for the future.
If complete control over your assets is important to you, then properly planning your estate is essential. With the ever increasing value of estates and property, more and more people are opening trust funds to secure their savings. Making sure your family is supported financially throughout their lives and yours is made possible by connecting with a barrister skilled in the field of estate management. Naturally, sorting our your affairs can be a costly process, even without probate, but it doesn’t have to be that way. We offer cost-effective payment solutions and may be able to cover 100% of your legal fees immediately, so you won’t need to make any payments until your case is settled.
Working nationwide, our team of legal experts can put you in direct access with barristers and paralegals. Contact our team today on 0800 888 6760 and we’ll give you practical legal advice and assistance with your estate administration.
Lasting power of attorney
You can prepare for the unexpected by making a Lasting Power of Attorney (LPA). This a document that allows someone you trust to make decisions about your healthcare and personal welfare, or your property and financial affairs if you are not in a position to do. Creating an LPA can give you peace of mind knowing that your estate and family are protected in case of any unforeseen accidents or illnesses. You can select who you would like to act on your behalf and how you want them to handle your affairs.
There are two different types of LPAs an individual can apply for; a property and financial affairs LPA, or a health and welfare LPA. Property and financial affairs LPAs allow your attorney to make decisions on buying and selling your property, closing building society accounts, buying and selling shares and calming pensions and state allowances. Attorneys for health and welfare LPAs can consent or refuse medical treatment, chose your living arrangements and act on behalf of your best interests when it comes to your overall care.
If you require bespoke advice on writing a Lasting Power of Attorney, then get in touch with our panel of wills and probate advisors who are experienced in handling LPA cases. Alternatively, we’ll put you in contact with our direct access barristers to help you get the legal support you need today.
We understand that it’s not always the nicest thing to talk about, but securing an LPA can help in protecting your estate, your care and your family should the unexpected happen. Make sure you are prepared for every eventuality life brings by securing you and your family’s future. Call our paralegals now on 0800 888 6760 to get comprehensive, trusted advice on LPAs.
Inheritance tax planning
The current inheritance tax threshold is £325,000 per person, and £650,000 for a married couple. If your estate falls above this limit, then you are liable to pay 40% inheritance tax. Discussing your estate with a talented inheritance tax planning expert, can help you minimise tax burdens for the next generation. The amount of inheritance tax you will have to pay is dependent on your business interests and other assets, but there are exemptions to this. We fully understand that you don’t want your family to pay 40% inheritance tax on any assets above the current inheritance tax threshold. That is why we’re here to help, through drafting wills, setting up trusts, and establishing Lasting Powers of Attorney (LPA). With our assistance, you can effectively reduce your inheritance tax.
If you’re considering inheritance tax planning, you must do one or more of the following:
- Pass assets on to family members and close friends
- Make lifetime gifts to a partner or young person
- Transfer assets into trust funds
- Claim business and agricultural property relief
- Taking out life insurance cover
- Restructure the ownership of your business
- Make charitable donations.
In some cases, if you give a part of your estate away, your beneficiary may be subject to income tax and capital games tax. Establishing the amount of inheritance you can give, and what your family is entitled to can be a complex process, so it’s essential to properly discuss your estate with an experienced estate planning specialist.
Contact a member of our legal team now, before you make any of these decisions. We will give you confidential inheritance tax advice as well as options for affordable payment solutions to get you started.
Get direct access to barristers and support from paralegals that have a wealth of experience in estate planning and inheritance tax. We can provide you with administrative assistance at highly reduced rates, especially in comparison with the hourly fees of most solicitors. Ensure your family is protected by taking the first step to reduce your estate’s liability. Call one of our paralegals for compassionate and cost-effective payment plans on 0800 888 6760.
A probate, or grant of representation, is the legal process of receiving the court’s permission to manage a person’s estate. If you have been appointed as the designated executor to a will, you’re responsible for managing the probate, a process that can include collecting assets, paying off debts and distributing the assets to the beneficiaries. Sometimes, individuals can appoint professional executors, such as wills and probate solicitors or legal will writers, who will be paid from the proceeds of the estate. If there is no named executor mentioned in the will, or there is no will, the next of kin needs to apply for ‘Letters of Administration’ to become the administrator.
Prior to applying for either grant, you are expected to liaise with solicitors in providing accurate information and relevant documentation for the Probate Registry in order to properly distribute the estate. A thorough evaluation of the estate is needed and contact should be made with banks, insurance companies and building societies, to collect accurate information on assets, stocks and shares.
After tax deductions, you need to fill out an inheritance tax return form and sent it to the H&M Revenue & Customs. If the value of the person’s estate exceeds £325,000 or £650,000 for a married couple, the tax return could well be higher. Once the tax return is paid and filled, the next step is to apply to the Probate Registry for a ‘Grant of Probate’ or ‘Letters of Administration’.
When these documents have been granted and obtained, the executors and administrators can present this to the banks to release the person’s assets. Executors and administrators will be expected to finalise income tax affairs, estate accounts and pensions. They will be solely responsible for collecting and selling assets, in accordance wth the individual’s wishes or statutory order. Executors and administers will also be in charge of paying money and gifts due to beneficiaries.
Probate can be be a daunting and complicated task, one that we fully understand. Our dedicated team of legal experts can give you confidential support and advice on cost-effective payment plans designed to help you manage your legal fees. With additional paralegal support too, you can rest assured knowing that PX Barristers are here to collect the documents necessary to effectively manage your loved one’s estate on your behalf.
If you’ve been asked to be an executor or administrator and need legal advice on your loved one’s estate, contact our legal experts today on 0800 888 6760. We’ll give you direct access to a talented barrister who can help make the process of probate a lot more manageable.
Most people generally believe that the property and possessions of a loved one will automatically go to their family if the unexpected should happen. Unfortunately, this is not always the case. In situations where these is no valid will, Intestacy Rules set out in the statute will apply, and an administrator will be chosen to manage and distribute the estate. Partial intestacy may also apply when the will doesn’t specify what happens to the whole of their estate. The rules of intestacy make no provision for unmarried or unregistered partners, which can mean that the surviving partner may not inherit any of the estate. However, in these cases, a partner can make an inheritance claim to ensure they are supported financially.
It may be necessary for a family member to fill out a probate application form to receive ‘Letters of Administration’ from the Probate Registry. This letter allows the administrator to have access to the estate. It is important for everyone close to the deceased to agree on exactly who should apply for Letters of Administration, to avoid nasty family disputes down the line. In some cases, the family may wish to hire professional with a legal background in intestacy cases to be the administrator. Hiring a professional obviously costs more, so if you’re worried about the legal fees involved you could consider a cost-effective payment plan. For more information, contact our legal experts on 0800 888 6760.
The Inheritance (Provision for Family and Dependants) Act 1975 protects surviving dependants who have been left without sufficient financial support. If an intestacy fails to make a ‘reasonable financial provision’ then the family can apply for an inheritance claim. If you want to make a claim you must:
- Apply within six months of receiving the Letters of Administration
- Be the legal spouse or civil partner
- Have proof of a former marriage or civil partnership
- Be one of the children (blood or adopted)
- Be one of the parents
- Be a sibling
- Be cohabiting with the deceased for a period of at least two years.
Under the Inheritance Act, the court will consider the applicant’s status, needs and resources to see if they are currently below the reasonable financial provision. If the applicant is successful, the court will arrange:
- A lump sum order
- A maintenance order for regular payments
- A sale of property order or transfer of assets
- A trust fund for the applicant that redistributes property.
Dealing with an estate that is not your own can be a complicated process, especially if you’re the administrator or family member in disputes over inheritance claims. If you’ve found yourself in this situation, don’t panic. The next step you should take is to contact a barrister with plenty of experience in managing intestacy cases. You should do this at the earliest opportunity and we can help.
At PX Barristers, we offer direct access to barristers as well as all-inclusive paralegal support. We can help you with your administrator responsibilities, though documentation and/or expert advice. With the right legal support, the potentially overwhelming process of administration can be made much easier. Get in touch with a member of our team today for advice on how to handle intestacy issues.
When administering an estate, you might face a lot of hidden costs that can add up over time. We provide our clients with affordable and convenient payment plans that are tailored to help manage legal fees. We aim to make the process of administration as stress-free as possible, especially during a time of bereavement. Speak to our specialists today on 0800 888 6760 and find out more about how we can help.
We all want to ensure the security of our family when we pass away, but every year thousands of people die without a properly drafted will. When distributing your assets to those you wish, writing a will and establishing careful estate management are essential. Instructing the right team of wills and probate specialists to guide you through all matters surrounding your case can take a lot of the stress and strain away.
If you are considering creating a trust during your lifetime, our estate planning experts can also help you manage the finances in the present to protect any young children or vulnerable relatives in your family.
Even modest estates can be impacted in a large way by inheritance tax, so a well drafted will can be the best step in reducing the amount paid. This in turn increases the amount you can leave to care for your loved ones, making drafting a will properly an imperative step in life. Seeking advice from experienced barristers makes sure that the right plans are put in place to avoid your loved ones having to cope with additional financial stress at a time of bereavement.
You might want to consider getting specialist legal advice if you feel that your interests have not been fairly represented in a will and you wish to contest it in court. Barrister fees can be expensive and as such you may want to pay them back in manageable instalments. We offer you direct access to barristers and convenient payment plans, so you can manage your legal fees and get the support you need immediately. We also include dedicated paralegal services, which can help you with administration and document management, every step of the way.
If you have already appointed a barrister, we can still help you pay for the legal fees with an affordable payment plan. For trusted legal advice and support, call our experts now on 0800 888 6760.