Wills & Probate law

By: Mark & Co Solicitors  26/10/2012
Keywords: Probate Lawyer, Probate Lawyer London

We at Mark & Co do not believe that Trusts are a ‘one shoe fits all’. We look at each individual’s circumstances, intentions and future to ascertain the best course of action and only then do we offer some possible scenarios that the client then chooses. When the client is free to make the choice we can draft Trust Deeds within the Will and explain the true nature and implications of the choice. We will not over complicate matters by imposing a Trust regime without it being necessary in terms of its tax benefits and its usefulness. Likewise any form of Will drafting will take into account what is known at the time of when it is drafted and what the client intends to do in the future. We have at times dealt with contentious Probate and are clear that this does not resolve matters if it is handled in an equally contentious manner. We often encourage the parties who are in contention to discuss matters openly, fairly and with a view to co-operation. We will often encourage parties and co ordinate with the other litigant lawyers for all to meet and collaborate for the best interests of the clients and the estate. Why chose Mark & Co? We take you through the stages which will include but not exclusive to the following:- Wills forms the pre-death part of the process. If you make an appointment we will see you for a free assessment of your circumstances taking into account your financial positions, your children, your spouse, your estate and other assets and any intentions that you may have. We also send you draft of the Will so you can see how it looks. This also gives you time to “think about” your decision and reflect dispassionately on your future plans. We see the time given to reflect on changes and intentions in the Will as an essential part of the process. If you want to make further changes and amendments we will do so and once again send you out a draft. Once you are happy with the final draft we will ask you to come in and sign up. That concludes the Will process. Probate or Administration is the post-death stage that is after someone has died. This can be divided into several parts where the deceased died with a Will which is “Probate” or without a will which is known as “Letters of Administration.” If the deceased dies with a Will then the person dealing with the Estate is called the Executor and if the deceased dies without a Will the person dealing with the Estate is known as the Administrator. There are several other alternatives that exist between these too extremes. At Mark & Co. we will explain what has happened with the state of the Will (if relevant) and explain the implications to you the survivor whether you are an Executor or Administrator. The process of dealing with these two extremes or any other alternative in between varies a great deal. We will explain each step in the process and you will be informed and kept you up to date. Probate or Administration can take time and we will explain what stage the process is and the delay. New rules mean that less people will be paying Inheritance Tax on the Estate. However, if this Tax has to be paid a detailed form needs to be completed with all the associated sections included. Part of our job is to complete this form for you but there might be a point where we may need to speak with you about it. Often a delay happens when the assets of the Estate are reigned in or realized. In some cases the main residence will have to be sold and this can take time. We will explain to you the implications of selling either main residence property or investment property from a Tax or other perspective. Being informed beforehand will allow you to make the choice of what assets to sell and what to keep. We will keep you informed at all these stages. We will complete the process either with a sale of the property and distribution of the assets after payment of Tax (if relevant). If you are unable to come to the office we can arrange with you home visits. We will hold your hand all the way as we at Mark & Co put the client first.

Keywords: Probate Lawyer, Probate Lawyer London

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