As an Executor or Personal Representative, dealing with Probate and an estate comes at an already difficult and sad time. It can be a time consuming responsibility. We can help you. We can look after all aspects of the administration of an estate on your behalf, that can all too often become a minefield of problems and we will liase with you throughout it all.

Based in Failsworth Manchester, our office has the benefit of free parking and disabled access. You will receive a warm welcome.

However, we also offer home visits and a free initial consultation in your own home at a time that is convenient for you.

Call now on 0800 294 306 for advice and further details or email jo-ann.mason@wesolicitors.com

Probate Services Court of Protection

Three daughters have been removed as the executors of their mother’s estate and have been replaced by an independent solicitor.

In an expensive and lengthy court case a grandmother, who died in 2012, had appointed her three daughters as the executors of her estate worth £466,000. She had left legacies to her grandchildren and the rest of the estate to be divided equally amongst her children. The judge said “The reality is that the three cannot work together.”

We Solicitors says: “It is very important when choosing executors that you are as confident as you can be that they will get along and be able to act together and make decisions together. If there is even a small possibility that they won’t then it is wise to appoint someone else or even someone neutral who is not going to benefit from the estate.

This is a very common situation, especially when a person wants to appoint all of their children for the simple reason they do not want to leave any one of them out. Appointing an executor is one of the most important aspects of a Will and should be done objectively. It should not be a decision based on hurt feelings or ‘letting them fight it out between themselves.’ This is when a dispute will arise and an estate can easily come to a standstill for years.”

When appointing an executor it is advisable to choose the right person for the job and the most trustworthy and capable person. If it is too difficult to choose that person then a solicitor is the next most logical choice as the costs of a professional administering an estate will be far less expensive than a lengthy dispute which will almost certainly cost the estate as well as the beneficiaries.

To make a Will or to discuss the appointment of executors and the options available contact WE SOLICITORS LLP

Email: jo-ann.mason@wesolicotors.com

Telephone: 0800 294 3065 / 0161 683 3191

Home visits available in Failsworth Oldham Manchester Bury Ashton under Lyne Leigh Bolton Wigan Salford and all surrounding areas

 

 

Making a Will is important and added to ‘putting your affairs in order’ list you should also consider a Living Will.

This is an Advance Statement or an Advance Decision

Advance Statement – a statement to allow you to express you preferences and wishes regarding your care to those providing the care.

Advance Decision – a legally binding document relating to your preferences regarding specific illnesses and conditions. In the absence of an Advance Decision ( or LPA) healthcare professionals make decisions on your behalf if you are not able to.

My Living Will website:

mylivingwill.org.uk is a non profit organisation which allows you to make an Advance Statement or Advance Decision online. The website has been set up with the help of healthcare professionals and legal experts and has been approved by a senior member of the OPG.

The cost to make both an Advance Statement and Advance Decision is just £10

Lasting Power of Attorney

It is an equally important document to have but should also be consider and viewed alongside an Lasting Power of Attorney for Health & Welfare and how they will affect each other.

An LPA for Health and Welfare covers many aspects of care and allows you to appoint a person to make decisions on your behalf when you are no longer able to do so. It covers a broader range of circumstances and you effectively have a person who can fight your corner when needed.

If you would like advice on this issue or an informal chat about the options available to you please call WE Solicitors and speak to our expert solicitor

Email: info@wesolicitors.co.uk

Telephone: 0800 294 3065 / 0161 683 3191

Home visits available in Failsworth Oldham Manchester Bury Ashton under Lyne Bolton Wigan Leigh Salford and all surrounding areas

 

For Dying Matters Awareness Week the Law Society have issued the following statements to highlight important issues in connection with Dying Matters

Why putting your will at the top of your to-do list is so important

If you forget to make a will, when you die you could leave a sea of problems for your already bereaved family and friends, the Law Society warned today.

http://www.lawsociety.org.uk/news/press-releases/why-putting-your-will-top-of-your-to-do-list-is-so-important/

Plan for the future with lasting power of attorney

People are living longer so it is vitally important we plan ahead – not just for our own care, but we should also help our parents plan as well. Lasting powers of attorney enable you to choose to give someone you trust the power to act on your behalf in situations which you have identified.

http://www.lawsociety.org.uk/news/press-releases/plan-for-the-future-with-lasting-power-of-attorney/

Online accounts, photos, music, emails – what happens to your digital assets after your death?

Dying Matters Awareness Week encourages people to think about the things they leave behind, but what about your digital assets, such as online accounts and digital media?

http://www.lawsociety.org.uk/news/press-releases/what-happens-to-your-digital-assets-after-death/

If you would like further information on any of these issues and would like some free initial advice then Call WE Solicitors today and speak to our expert.

Email: jo-ann.mason@wesolicitors.co.uk

Telephone: 0800 294 3065 / 0161 683 3191

Home visits available in Failsworth Oldham Manchester Bury Ashton under Lyne Bolton Wigan Leigh Salford and all surrounding areas

 

 Wigan & Leigh Carers Centre see a significant increase in enquiries

following the visit by Her Royal Highness The Princess Royal

Wigan & Leigh Carers Centre is commissioned by Wigan Council to undertake Carers Assessments and the centre has seen a significant increase in enquiries and registrations since the visit of Her Royal Highness The Princess Royal earlier this month.

 

Mrs Pauline Gregson, Chief Executive of Wigan & Leigh Carers Centre, said that the visit put a spotlight on the centre and raised awareness of the right of carers to an assessment independent of those who they care for. She said “the visit of Her Royal Highness was a tremendous boost for us all. The Princess has devoted so much time and energy to championing the cause of unpaid carers and we are delighted that more carers are becoming aware of their rights and are looking for the support that is available to them.”

 

The visit coincided with the 18 month anniversary of a “Prepared to Care” project funded by the Lottery to deliver benefit and debt advice, advocacy support and training. Welfare and Debt Advisor, Brian Fletcher, was one of the team delivering the project who met The Princess.  Since the project started benefit uptake has been £1.25m and £500,000 of debt has been written off or re-assigned.   Over 470 hours of training has been delivered in subjects from stress busting, moving & handling and medication to IT awareness and arts and crafts. 2,300 carers have benefited from the project.

If you would like more information or would like to know what options are available to you for example with a Lasting Power of Attorney or a Will call WE Solicitors LLP for an initial consultation or make an appointment with our expert advisor today.

Email: info@wesolicitors.co.uk

Telephone: 0800 294 3065 / 0161 683 3191

Home visits available in Failsworth Oldham Manchester Bury Ashton under Lyne Leigh Bolton Wigan Salford and all surrounding areas

 

 

A member of the WE Solicitors team, Jo-Ann Mason was honoured to have met HRH The Princess Royal when she visited Wigan and Leigh Carers Centre last month. Jo-Ann is a member of the Board of Trustees of the Centre.

The Princess is the president of the Carers Trust and campaigns for the needs of unpaid carers. Whilst at the Centre she took time to speak to everyone including staff, carers and volunteers and praised the incredible work of everyone involved.

 

 

It has been reported that Prince may not have left a Will. His sister has filed a petition in an American Probate Court stating that there is no Will. It is yet to be revealed whether a Will is in existence.

This highlights two important factors.

1.    What could happen if there is no Will?

It is a risky business not to leave a Will when there is wealth and a musical legacy on the scale of which Prince has left. There are still disputes even after 7 years surrounding Michael Jackson’s estate. However, even small estates can face similar lengthy and expensive disputes but perhaps on a less grander scale and this is becoming increasingly common. All for the sake of putting off making a Will which would take a couple of hours of time and approximately around £100 with a qualified solicitor.

An estate could go to the Crown

It is becoming even more prevalent where a person dies without any family. Jo-Ann Mason of WE Solicitors says: “In the last month alone I have been made aware of two estates where a person has passed away and not left a Will. Neither of these had any blood relatives and the estates which both included properties of a substantial value will be left to the Crown and now be in the hands of the Treasury Solicitor. In one of these cases the deceased left a partner of 30 years who was not only left devastated at the sudden death of her loved one but now also has very limited involvement in his estate and personal belongings. This has added to the grief in a huge way.

2.    If you do make a Will tell someone where it is

There are cases where a person makes a Will and then hides it away as they do not want anyone to know its contents. But a hidden Will is like having no Will at all. Occasionally it can add even more complications if an estate is distributed according to the intestacy rules only for a Will to be unearthed later down the line. This would cause considerable problems trying to revert back to what should have been according to the Will especially where money is involved.

It is worth noting that Solicitors store Wills for their clients to keep them safe and send copies to be kept with  personal papers. Jo-Ann Mason says: “When we store Wills for our clients, I always advise them to tell their executor that they have made a Will and where it is stored. No one needs to know the contents of it and I explain the consequences of not doing so. Clients can also add their will to the Certainty Will Register which was set up to alleviate this problem. More details can be found at certainty.co.uk”

It is not always as expensive as you may think to make a Will with a solicitor. You can shop around.

We Solicitors charge £90 + VAT = £108 for a single Will

and £135+ VAT = £162 for Mirror Wills.

Contact us today to discuss your Will. You can speak to a qualified solicitor to make an appointment or have an informal chat about your requirements.

Email: info@wesolicitors.co.uk

Telephone: 0800 294 3065 / 0161 683 3191

Home visits available in Failsworth Oldham Manchester Bury Ashton under Lyne Bolton Wigan Salford and all surrounding areas

 

A grandmother who lived with her boyfriend for nearly two decades has won her court battle to stop his share of their £335,000 home passing to the wife he never divorced.

Joy Williams, 69, and dentist Norman Martin bought their three-bedroom home in Dorchester, Dorset, together following his split from wife Maureen Martin.

But because Mr Martin never divorced and never updated his will, when he died of a heart attack in 2012 half his share of the house went to Mrs Martin, along with half of his assets.

Read more: http://www.dailymail.co.uk/news/article-3449654/Grandmother-lived-partner-18-years-wins-court-battle-stop-share-335-000-house-passing-wife-never-divorced.html#ixzz41qGizuXH

WE Solicitors says ‘This court battle of 4 years and tens of thousand of pounds in legal costs potentially could have been avoided if a new Will had been put in place. It was the intention of the couple to do so as part of their retirement plan but as we can never predict what is round the corner a Will should not be something to put on the list or something to get round to doing. This is even more so for couples who are not married but live as if they are. It should be a priority especially if there are children from previous marriages or one partner is still legally married.’

If you would like more information or would like to know what options are available to you when making a Will call WE Solicitors LLP for an initial consultation or make an appointment with our expert advisor today. It may not be as complicated as you think.

Email: info@wesolicitors.co.uk

Telephone: 0800 294 3065 / 0161 683 3191

Home visits available in Failsworth Oldham Manchester Bury Ashton under Lyne Bolton Wigan Salford and all surrounding areas

 

Wales Air Ambulance called upon the services of JCP Solicitors after a lifelong supporter of the charity from North Wales left the bequest in her will. However, because the woman’s wishes were worded imprecisely, the charity faced losing the money to another group with a similar name in England.

After a five-month dispute, the other air ambulance charity agreed to sign a legal deed to ensure that the money went to Wales Air Ambulance.

To read more :

http://fundraising.co.uk/2016/02/03/wales-air-ambulance-wins-bequest-after-legal-dispute/

We Solicitors says: “It is so important to get the wording of a Will correct. Solicitors can do this as they know the pitfalls especially the less obvious ones as they regularly deal with the aftermath if a Will is wrong. Whilst a homemade Will may save money at the time of writing, it can lead to expensive legal costs to put it right – if that  is even possible or it may leave an intended beneficiary with nothing at all. It is surely better to be safe than sorry and have a Will drafted by a legally qualified solicitor than to hope it will be ok for your loved ones when you are gone.”

It is not always as expensive as you may think to make a Will with a solicitor. You can shop around.

We Solicitors charge £90 + VAT = £108 for a single Will

and £135+ VAT = £162 for Mirror Wills.

Contact us today to discuss your Will. You can speak to a qualified solicitor to make an appointment or have an informal chat about your requirements.

Email: info@wesolicitors.co.uk

Telephone: 0800 294 3065 / 0161 683 3191

Home visits available in Failsworth Oldham Manchester Bury Ashton under Lyne Bolton Wigan Salford and all surrounding areas

Over half of the public think will-writing should be regulated, YouGov research for the Law Society has shown. A survey of 1,554 adults found that 55% wanted all will-writers to be regulated while over 95% praised the services provided by solicitors.

Almost 90% of respondents who had a will drafted by a solicitor were satisfied with the process and 81% said they were happy with the quality of legal advice.

Jonathan Smithers, president of the Law Society, said: ‘It is encouraging to see that the public are beginning to recognise the importance of using a solicitor over an unregulated will writer.’

WE Solicitors says: It is important to get a Will right. Will writers are not legally qualified and whilst some may be experienced in this field there are also those that aren’t. But how would you know?  Some will writing companies are cheap but we often see clients who have made Wills in this way and they have not been up to scratch. More often than not we have had to put things right. Will writers have a tendency to charge around £30-£50 for making a Will and will then charge £100 for storage or £5 every month. (£60 every year). This adds up. It is always worth researching the costs and shopping around to see what you are actually getting for your money. Having a Will drafted by a fully qualified professional is the best route to take. After all you are protecting your assets and your family.

We solicitors llp charge £90+ VAT for a single Will and £135+ VAT for Mirror Wills.

If you would like more information about making a Will call or email

 WE SOLICITORS LLP and see how we can help you

Email: info@wesolicitors.co.uk

Telephone: 0800 294 3065 / 0161 683 3191

Home visits available in Failsworth Oldham Manchester Bury Ashton under Lyne Bolton Wigan Salford and all surrounding areas

 

 

http://www.moneywise.co.uk/investing/estate-planning/being-executor-risky-business

Has a friend or relative asked you to administer their will? If so, beware of the legal and financial liabilities you could face.

If someone has asked you to be the executor of their will, beware of biting off more than you can chew. Although being appointed executor can be a sign of the esteem in which you are held by a friend or family member, the role can be extremely challenging and carries significant – and potentially very costly – legal liability.

Recent research from Executors Insurance, a company that sells policies to protect executors against a number of issues suggests that millions of people have accepted the role of executor without fully understanding the legal and financial liabilities they could face.

The survey found that while 47% of those who had in the past executed a will found the process straightforward, 17% reported that the experience was harder than they expected, while a further 12% said it was “a complete nightmare”.

Executors Insurance estimates that around six million people have executed a will in the past, with five million currently named as executors but yet to carry out their duties. In around three-quarters of wills, family members or friends are named as executors rather than professionals such as solicitors or bank officials.

“The responsibilities of an executor are very rarely talked about,” says Executors Insurance spokesperson Guy Everington. “Your liability should anything go wrong is not only personal and unlimited, it is also joint and several. This means that if there are other executors and one of the others makes a mistake, you could be held liable. If you have money and the others don’t, any unhappy parties are likely to come after you.”

As an executor, you can be held liable for mistakes for up to 12 years rather than the six years commonly applied in contract law. The liability can be extended a further three years if minors are involved, Everington says. But his company’s research found that 43% of people thought liability ended once all payments had been made from the estate.

Everington adds that the number of cases being brought against executors appears to be increasing. Figures from the High Court in England show there were 107 claims against executors for breach of duty in 2012 but 368 in 2013.

One possible reason for the rise in the number of claims is the increasingly fragmented nature of families. “The extent of extended families, including split families and second families, is growing and that is definitely increasing exposure,” Everington says.

For the full article : http://www.moneywise.co.uk/investing/estate-planning/being-executor-risky-business

WE Solicitors say:

If you are appointed as an executor of an estate, particularly where it is more complex than dealing with a few bank accounts, it is advisable to get legal advice from a solicitor who specialises in Probate as they will know the pitfalls to avoid. It is a big responsibility to take on the role without advice or help. A Solicitor can guide you through the process and has a duty to the executor and the estate – so also then the beneficiaries – to ensure the estate is dealt with correctly. It is common practice for an executor to instruct a solicitor to help with an estate as ultimately it is for the benefit of all parties involved. The beneficiaries will know the estate is being dealt with in the correct way. Any recourse will lie with the firm for both the executor and the beneficiary.

Not all solicitors’ costs are expensive. At we solicitors llp we give a fixed fee upfront and explain exactly what is included in the cost. There are no percentage charges and we can obtain the Grant of Probate from as little as £500 + VAT. We can do as little or as much as you want us to do.

We are happy to give a no obligation quote and some initial advice as to what you would need to do. You can also compare this to other firms so you can see how much we do and offer for our professional service.

If you are an executor and you would like to know more contact

 WE SOLICITORS LLP and see how we can help you

Email: info@wesolicitors.co.uk

Telephone: 0800 294 3065 / 0161 683 3191

Email: jo-ann.mason@wesolicitors.com

Home visits available in Failsworth Oldham Manchester Bury Ashton under Lyne Bolton Wigan Salford and all surrounding areas

 

Home visits to Failsworth, Oldham, Bolton, Bury, Trafford, Sale, Hyde, Dunkenfield, Stockport, Wigan and Altrincham and further a field by arrangement