Mar 16, 2010 08:03:11  
The people who can help you:
    

We are all members of the Probate Section of the Law Society.

Managing Matters After A Death

There are many matters to deal with when someone has died, often at a time when you feel least able to deal with legal formalities.

We are able to offer a wide range of advice in these circumstances.

At this time there are often a number of legal areas which must be considered. You may just feel the need for simple advice in dealing with selected aspects of the matter.

You may feel that you would prefer us to deal with all areas involved in the matter including obtaining a grant of probate or letters of administration, dealing with the Capital Taxes Office and The Inland Revenue and distributing assets. In this case we would detail our method of charges at our initial interview.

Administering A Trust

Being named as a Trustee can involve a lot of work as the Trustee Act 2000 imposes a statutory duty of care on Trustees. You may well require some specialist advice on your responsibilities to the beneficiaries of a trust and your liability to correctly report trust income and capital gains to the Inland Revenue.

This may well apply to you if you have been the executor of a will and continue to hold some funds, perhaps because one of the beneficiaries is not yet old enough to claim them or because some funds are to be held in trust during someone's lifetime.

We are able to offer specialist advice on all matters dealing with the creation and administration of a trust, whether the trust was created during lifetime or in a will.

If you feel you may need advice please contact anyone of our specialist team who will be pleased to discuss with you what advice or action may be necessary and provide details of our charges.

Will Drafting and Management of Your Affairs During Your Lifetime

Will Drafting

Who Needs One ?

The most important reasons for making a will are the knowledge that your affairs have been left in good order so preventing unnecessary problems or distress to your family and knowing that your estate will be dealt with in accordance with your wishes. If you do not make a Will you will die intestate and legal rules provide how your estate is distributed.

You Must Make A Will...

  • If you are married your spouse may only inherit £250,000 (if you have children) or £450,000 (if you have no children).
  • If you are living together and not married your partner may get nothing.
  • If you are separated your estranged spouse may inherit.
  • To safeguard your children by appointing Guardians. If you do not the Court or Local Authority can decide their future.
  • If marriage has automatically revoked your old Will.
  • If you want a friend, Charity, Church or other organisation to benefit.
  • If you have no close family, distant members whom you may not wish to benefit may inherit or if you have no family then the State would inherit.

If you have a Will it should be reviewed periodically as your wishes and circumstances may change. Once you have made a will with us we will write to you after 5 years, to remind you to review the terms of your will

Inheritance Tax Planning

We can advise you by sound planning how to reduce or prevent payment. It is important that you take full advantage of the tax exemptions available to you.

Points To Consider...

1.  Calculate the approximate amount of your Estate.
2. Decide who will administer your estate (spouse, relation, solicitor or friend) and, if applicable, appointment of Guardians for your children.
3. Consider if there are any specific gifts of money, jewellery, furniture etc. which you wish to give to particular individuals, charities or organisations.
4.  Decide who is to receive the balance of your Estate.

What Will It Cost ?

Our fee in most cases is £150 + VAT for an individual Will and a reduced fee of £225 + VAT for similar Wills for you and a spouse or partner. In some cases more may be charged if the Will is complicated in some way. If this is the case we will tell you at the initial interview before any costs are incurred.

How Do I Make A Will?

Consider the points above then contact Massers. Both our offices have wheelchair access. Should you be unable to attend at either of our offices we can arrange a home visit. This would incur an additional charge which we would discuss with you before we call to see you.

Alternatively you can contact Massers by completing the information below and forwarding it to michaelm@massers.co.uk

Lasting Power Of Attorney (LPA)

Who needs One ?

Everyone. An unexpected illness or accident could temporarily or permanently render you unable to look after your own affairs.

The LPA should be prepared whilst you still have mental capacity as a precaution against future illness, accident or stroke. 

What Is One ?

An LPA is a document where you give a person or persons (the Attorney) power to act on your behalf.

When appointed the Deputy will be able to look after your financial affairs or health and welfare decisions. This document remains valid when you become incapable of managing your own affairs for whatever reason including loss of mental capacity.  This will be subject to the supervision of the Court of Protection.

We can advise and assist in connection with making this application. 

Who Can I Appoint ?

Sensible and reliable people whom you can trust to deal with your affairs. These can include:

1. Your Spouse or Partner

2. A Relative

3. A Friend

4. Your Solicitor

The Partners at Massers will be pleased to act as your Attorney either alone or jointly with others.

Deputyship

If someone is no longer capable of managing their financial affairs and does not have a Power of Attorney it is necessary to apply to the Court of Protection for a relative or friend to be appointed their Deputy.

Fees

In order to clarify matters for you we offer a free initial 20 minute consultation, entirely without obligation.

 

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