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 firstname.lastname@example.org
We Solicitors – home visits – fixed fees – caring professionals
We see many people who have been advised to make a Lasting Power of Attorney but are reluctant to do it. Here are some of reasons why and what you can do to put a person’s mind at ease or help them make the decision to put an LPA in place.
1. “I will loose control of my money”
The LPA is designed to ensure that you make your own decisions. As long as you are able to do so you give your attorney the authority to act on your behalf and you tell them what needs to be done or what you would like them to do or not do. If you reach a stage where you are able to make some decisions but not others your attorney should encourage you to make the decisions that you are able to make. Having a Lasting Power of Attorney in place does not mean your attorney takes over and you do not have any say from day 1.
The most important factor to ensure it is used correctly is y choose the person you trust to be your attorney.
2 “If I let my daughter have power of attorney she will just take over everything”
You must choose the person you feel will assist you best and encourage you to participate in making decisions etc. If you are in a position where you can’t make decisions you must chose an attorney who will consider your values and beliefs when making decisions. You can also make a statement of your wishes in advance.
In the LPA you can give your attorney guidance and there is provision to place restrictions and conditions on how your attorney acts so you can make sure that you say how it is to be used. You could also appoint more than one attorney so that they have to act together and keep each other in check.
3 “I am worried that my attorney will not look after my money properly or may take it and no one will know”
Firstly, ALWAYS chose an attorney you trust completely. Do not feel you have to choose someone because they have been helping you already and it may offend them to choose someone else. It is a very important decision to make as you are giving someone the power to deal with your money. It must be the right person for you.
Take advantage of our LPA Attorney Review Service
Appoint a Solicitor as your attorney
You can add a condition onto your LPA that your Attorney accounts to us once a year. This way we can ensure that your attorney is acting correctly, give them advice as to how best to act in the coming year. We can report back to you or another family member or we could report to the OPG if we had any concerns.
This is an excellent service which gives you complete piece of mind but is also a huge benefit to the Attorney as they can obtain advice from us, will be sure they are acting correctly and they are focused on what they need to do.
4 “It costs too much, I don’t need one now”
The initial cost may seem high but it is worth it in the long run. Some people put an LPA in place because they know it may be needed straight away or quite soon ion the future. The most important factor is to have one in place for if it is needed in the future. It can be used for all sorts of eventualities which we cannot plan for. For example, a stroke or any unexpected illness, and long term hospital stay, illness abroad short term memory loss and of course planning for the possibility of dementia.
The cost of not having one in place when you need it is double the cost of an LPA and more. The appointment of a Deputy by the Court can be up to £2,000 with annual court fees all of which come out of your money. And you do not have any say (or very little) in this process.
5 “What do I need an LPA for?”
Everyone should have an LPA when planning for the future. People are living longer and want to remain independent for as long as possible. The only way to achieve that is to accept that help and assistance may be needed and to plan for that. If you found yourself in a position where you need help with your finances for things like help to pay your bills, sort out your pension make sure you aren’t running up debts, keeping investments going etc., someone will have to take this on. It is far better that it is a person YOU have chose and can tell them what you would like them to do rather than leaving it to chance – or the Court of Protection!
ACT NOW and speak to our experts today whether you are thinking of making an LPA or your are seeking advice for someone who needs to make one.
Freephone Telephone: 0800 294 3065
Do you have a Will? Here’s why you should!
Don’t be a statistic:
According to a survey for Will Aid in 2013
- Only in the 55+ age group has a significant majority (over 71.80%) made a Will. But there has been a big rise in the numbers of younger respondents between 18 and 24 with a Will, up from 5.20% in 2012 to 10.90% in 2013.
- Single people are the least likely to have a Will..
- More than 58% of people who have separated from their husband/wife/partner have no Will. This is likely to cause significant problems since, until divorce; the Ex will automatically inherit their share of the estate.
Almost 70% of cohabiting couples who are neither married nor in a civil partnership have no Will. This means that on death, the surviving partner would have no right to inherit automatically.
- Only 31% of respondents with dependent children have a Will. Yet everyone with young children and other dependents should make a Will to make financial and caring provision for them and decide at what age they can inherit.
1. Do you have children?
Probably the most important reason why any one would make a Will is to make sure they have provision in place for their young children. Appointing a guardian to look after them and trustees to look after their your money for them. If you don’t do this it will be left to the legal rules of intestacy to decide who does.
2. Do you have a partner you cohabit with ?
If you do not have a Will and you are not married your partner will get NOTHING. They will not be provided for even if you live as a married couple. They will not be looked after.
The only way to make sure it goes to them an no one else is to make a Will.
If you have children from a previous relationship who are under 18 it will be their parent (your Ex) who will be the one to deal with everything.
3. Are you divorced or separated – still own a property with an Ex ?
If you are divorced or separated and have children from a previous marriage you would need a Will to cater for all your children fairly. Otherwise your whole estate could go to your second spouse leaving all your children with nothing.
If you are separated your estate will still go to your spouse and it is likely your house will too.
4. Do you travel abroad?
In 2012/13 there were over 6000 deaths of British people
abroad according to the FCO
Younger people go on more adventurous holidays and take more risks.
Like extreme sports – snowboarding, skiing, bungee jumping, climbing, mountaineering. This increases the risk of needing a Will when you are younger.
What would your family do if anything happened to you. It would be devastating for your family and friends and having a Will in place just in case would help to sort things out.
5. It is not always about wealth
There are many other reasons to make a Will. If you have a house or some savings you should make a Will but what about making provisions for others issues:
- Your children
- Your pets
- Your digital assets
- Your passwords and social media accounts?
- Facebook twitter Instagram
- Your personal belongings ?
- Your car? Your mobile?
- Your debts?
MAKE A WILL TODAY
It is a simple and easy process to make a Will. It can be done by email telephone skype or FaceTime at a time to suit you with our expert solicitors. For a basic Will the cost is £90 + VAT = £108. We can find a way that will suit your needs whatever they are or however complicated.
Call today on 0870 165 9413
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A Norwich business man who was left solely in charge of the wills and probate services arm took cash from deceased’s person’s estate to pay his personal debts and build his own property portfolio. He abused his position of trust and deceived his customers.
Jailing him for four years eight months, Judge Stephen Holt said: “A very large sum of money was siphoned off from your various clients.”
However he said that because he had not frittered the cash away, the losers might get the money back: ”I am told possibly that 100 per cent of all the money you stole will be repaid because of the property portfolio of the nine properties you have bought.”
He said his actions had been a breach of trust, although because the industry was unregulated, it was not as high as if he had been a solicitor.
“None the less a considerable breach of trust has occurred.”
Andrea Lock, prosecuting, said that the will writing business was not subject to regulation, unlike if a will had been drawn up by a solicitor.
Jason Sugarman, for Jones, said: “He feels terribly sorry for what has occurred. He accepts he has let many people down, including the public, who trusted him.”
WE Solicitors say: “There is more risk when dealing with unregulated companies who offer wills and probate services. Anyone can set up a company but it does not mean they have the expertise and experience required for these services or that they will always act in the best interests of their clients. This is a given when instructing a solicitor.
Solicitors are regulated by the Solicitors Regulation Authority and it is mandatory to have Professional Indemnity Insurance in place. Clients can have the peace of mind that they are in safe hands. This is not obvious from companies who are not regulated”
If you would like advice on administering an estate or you are not happy with the company who is dealing with an estate contact WE Solicitors.
Free phone Telephone: 0800 294 3065
Recent Court data from the Chancery Division has shown there was a rise in cases where Executors have breached their duties to the beneficiaries in 2013.
The claims include theft of the assets from the estate by the executor and taking it upon themselves to distribute the estate to more favoured beneficiaries. All of which amounts to fraud.
Where executors take out probate on their own there is a high risk of this happening. Beneficiaries often find themselves in the dark. They may not be told the full contents of the Will or how the estate has been distributed. It is very difficult to find out what assets are in the estate if your are not an Executor.
If an estate has not been administered properly then it is likely court proceedings would follow which can be lengthy and costly and ultimately it’s the beneficiaries who suffer through the long process.
It can be a false economy for a lay executor to administer the estate and is often perceived to be a simple process. In some cases it is quite straightforward but there are many cases were it is far from it.
What can you do to prevent this happening?
Appointing a solicitor to as an executor to administer the estate is the safest option. Alternatively, you can appoint a solicitor to act with a family member. That way family or friends can deal with more personal issues and their involvement can help reduce the costs but a solicitor will ensure that the estate is administered properly and all the beneficiaries are protected.
A solicitor has a higher duty of care to the estate and will ensure all assets are collected in and distributed properly, providing Estate Accounts at the end so that all parties can see what has been done. It is not necessarily expensive to do this and the costs come from the estate.
This is even more important where the executors and/or the beneficiaries do not see eye to eye. A solicitor can act as a go between and make sure they are all treated fairly. Thereby reducing the risk of an expensive court case.
It is a big responsibility for an Executor to administer an estate, being responsible for large amounts of money and keeping beneficiaries happy.
If you are planning to make a Will and want some advice about appointing an executor or if you are an executor battling with an estate contact us for a free initial consultation to see what we can do for you.
Call WE Solicitors LLP Failsworth Manchester on: 0870 165 9413 / 0161 684 372
There are now over 340,000 Dementia Friends who are wearing their badge with pride and doing a few small things to make life better for people with dementia. Read about 900 new Dementia Friends from Poole High School, the students were part of an exciting new pilot to engage younger people.
It’s really easy to become a Dementia Friend, visit www.dementiafriends.org.uk watch our short video or join a face-to-face Information Session in your local area.
Dementia Friends Champion training courses
Dementia Friends Champions are volunteering to change the way people think, talk and act about dementia. Champions are trained volunteers who encourage others to learn a little bit about dementia, and inspire them to help people with dementia live well by delivering Information Sessions in their local community. Our Champions include award-winning actress Josette Simon OBE and Jamie Anderson, the son of legendary television and film producer Gerry Anderson who have both run Dementia Friends Information Sessions over the last week.
Dementia Friends is an Alzheimer’s Society initiative
Jo-Ann Mason of the Wills and Probate Department at WE Solicitors has recently become a Dementia Friend. She attended an awareness session at Wigan and Leigh Carers Centre.
She says: “It was a very informative group session. We were more aware of the perspective of someone living with dementia and how you can help. Being a Dementia friend is about understanding and taking action to help people with dementia even little things like helping someone to find an item in a shop or being more patient in a queue. It has increased my awareness and hopefully will benefit my clients who may have recently been diagnosed with dementia and need to make a Lasting Power of Attorney. It is a vital document to have and I try to make the process as easy as I can. After diagnosis it is still possible to make a Lasting Power of Attorney in most cases so it is worth looking into sooner rather than later. If the health of a person living with dementia deteriorates then it may not be possible to make an LPA when you need it the most.”
If you have any questions about a Lasting Power of Attorney contact our Wills and Probate Department and speak to an expert.
Call 0333 200 4232 or email: email@example.com
We offer fixed fees and home visits
WE Solicitors – fixed fees – home visits – LPA
1. Receiving care
If you are going into residential care or need care at home, who will help you to sort your money and manage your financial affairs?
- Surely the best person would be the one you have chosen yourself.
- You can only do that by making an LPA
- You must set up an LPA now before it is too late (otherwise you have no choice in who it will be)
If you have a relative or friend who needs care, talk to them about setting up a Lasting Power of Attorney now. An LPA will make it much easier for you as the carer to manage care needs and make sure the best level of care is received.
Consider a Lasting Power of Attorney for Health and Welfare
2. Develop Dementia
1 in 3 people over 65 will develop Dementia. No one can help manage your money on your behalf unless you appoint an Attorney to do so by making a Lasting Power of Attorney. Someone would have to look after your money in some way so it is best to appoint the person you trust and get your affairs in order should this time come.
3. Stop someone you don’t want to be involved
Sometimes we all have help from someone who means well but you would rather it was not that person or someone who is trying to interfere when you do not want them to. The way to ensure this does not happen to you is to make a Lasting Power of Attorney and appoint the person you DO want. You can then give them instructions about how to use it and when not to use it. YOU give the authority and YOU are in control for as long and as much as you can and want to be.
4. Peace of mind / Plan ahead
No one can ever know what is around the corner. Any one person could have a stroke, develop dementia, fall ill abroad, have a fall, be in hospital or go into residential care. All these things can happen with little or no warning. It can be difficult to admit that you may need help either now or in the future. But it is so much better for you and your loved ones if you plan for what might and could happen. It will give you peace of mind to know that you have done what you can.
5. Save money
If you don’t have a Lasting Power of Attorney in place and you need one due to loss of mental capacity then the only way your family or friends can help you is by being appointed as a Deputy by the Court of Protection. This is a very lengthy and expensive process. The initial application fee alone is £400 and fees can range up to £2,000 or more which comes out of your money. The person appointed is chosen by the Court not by you. At this stage you have very little or no say at all.
If you would like more information about making a Lasting Power of Attorney or you would like a home visit to discuss this further please contact our expert solicitors today – We can advise you on LPA’s for Property and Affairs and LPA’s for Health and Welfare.
Telephone: 0800 294 3065
WE SOLOICITORS – Probate Services
No hourly rates – No percentage fees
Traditionally, clients have always made a Will with their local solicitor and then the executor has returned to the same solicitor when they needed to get a Grant of Probate or a Grant of Letters of administration. Usually, they instruct the solicitor to administer the whole estate.
Only quite recently it was accepted practice that the solicitor’s probate costs to administer the estate would be given as a rough estimate at the beginning of the matter and clients were only given the actual costs, which also included an additional percentage fee on top (value fee), at the end of the matter. This was and still can be normal practice.
THIS IS NOT THE CASE AT WE SOLICITORS – We only offer fixed fees.
We had a client who came to us from Cornwall. She had approached the solicitor who had made the Will for her late mother who informed her it would ‘be about £10,000’ to administer the estate. When she came to us we determined exactly what needed to be done ( including dealing with an inheritance tax liability) and we gave her an agreed fix fee of £4,700 + VAT). We kept in regular contact by email and by telephone. The high value of the estate was not the only factor taken into account.
We give all our clients an efficient service at a fixed fee which is agreed at the outset. We state what is specifically included. Our probate fixed fees are tailored to what our client needs. So we can do as little or as much as you want us to. We can deal with all the estate from start to finish and we will agree a fixed cost for this service with you.
In return your estate will be administered professionally by an expert probate solicitor. We take on the huge responsibility. As the executor you will have access to your own solicitor who will deal with everything throughout. No call centres. Just one point of contact
You can contact your solicitor by a method that suits you best.
By: telephone email letter Face Time Skype
At a time that suits you.
Contact WE Solicitors today to see how our Probate Services can benefit you.
Get a quote to compare to your local solicitor.
Telephone: 0800 294 3065
We Solicitors Ivy Business Centre Failsworth Manchester M35 9BG
Fixed Fee Probate Service by Experts
Did you know that you can receive a voucher for £350 towards the cost of a solicitor preparing a Disabled Trust Will to protect your child’s future?
- If your child is 16 and under and
- has a neurological condition and
- you receive the care component of DLA at the middle or high rate.
Visit the Cerebra Website to find out how to apply for this excellent scheme:
Our Clients have put a Disabled Trust Will in place to ensure all of their children are provided for in the best possible way. We give expert advice and we accept the Cerebra voucher. We have flexible appointments to fit round your commitments and will make the process as easy as possible for you. There are many options available when making a Will that you may not be aware of.
Our clients using the voucher scheme have said
we are caring and professional.
Contact our Wills and Probate Department to see how a Trust Will could benefit you and your children. They are used for a variety of different circumstances:
- If you child has any disability- young or adult children dependent on you
- Appointment of guardians
- Ensure guardians are not financially disadvantaged.
- Protect the means tested benefits received by your child
- Arrangements for a child living independently but may still need help to look after own finances
- A vulnerable adult child who may need some assistance.
WE clients putting a Will Trust in place have said we ‘explained everything in simple language’ and were ‘extremely satisfied with the service given’
Contact our Wills and Probate Department today to find out how we can help you protect your children. All our Wills are prepared for a fixed fee. So you know exactly how much it will cost you up front.
Telephone: 0800 294 3065
Ivy Business Centre Crown street Failsworth Manchester M35 9BG.
Home visits available. Always a fixed fee.
According to the Carers Trust there are almost seven million carers in the UK – that is one in ten people. This is rising. Three in five people will be carers at some point in their lives in the UK.
The economic value of the contribution made by carers in the UK is £119bn per year.
The number of people over 85 in the UK, the age group most likely to need care, is expected to increase by over 50% to 1.9 million over the next decade.
TOP TIPS FOR CARERS
1.Make arrangements to help with finances
- At some point in the future you may need to help the person you care for with their finances. This may be because they need some assistance or because they can no longer cope with money matters themselves. A Lasting Power of Attorney LPA is an essential document to have in place. It is a legal document which allows a person to appoint someone they trust to help them mange their financial affairs. Without one it is virtually impossible for a carer to help with this side of things. However someone at some point may have to do it so it is far less stressful for everyone if this is planned in advance.
- Consider an LPA for Health and Welfare. This can only be used if the person you care for can no longer make decisions themselves. But who knows their needs better than you? You can only be formally involved with any decisions with this type of LPA, for things like where the person lives, what care they receive and what medication they have.
The most important thing about an LPA is to put one in place for when it may be needed. Don’t leave it too late as it is much more difficult to do. Plus it gives everyone involved peace of mind that it is there if it is needed. Until then it can be stored away safely.
2.Make sure you are getting all the financial help you are entitled to as a carer
- Cares allowance – If you are caring for someone for more than 35 hours a week, who receives a qualifying disablement benefit, and you do not work (or earn less than £100 per week) you may be entitled to this benefit.Carer’s Assessment – you are legally entitled to an assessment of your needs. This allows you to tell social services of the impact of being a carer has on you and what could make it easier.
- Protect your statement pension – you could receive Carer’s Credit if you are caring for someone more than 20 hours a week. It is a National Insurance credit to build up your entitlement to State Pension. Read more on www.gov.uk
- If the person you care for is aged over 65 – check to see whether they can claim Attendance Allowance. This is to help with personal care.
3.Get to grips with care funding
This is a minefield and the recent care cap rules due to come into effect are not straightforward. You must ensure that an NHS Continuing Care Assessment is carried out before long term care arrangements are put in place.
If you want to know how Local Authority Funded Care works and how it will effect the person you care for either now or in the future contact us today to see what options may be available to you.
4.Look after yourself!
Help is out there – It is a demanding task to look after someone. It is even more difficult if you develop health problems as a result. Ensure you take a break. Ask for help. There are specialist organisations throughout the UK to support those who care for a spouse, relative, friend or neighbour. There is a network of Carers Centres across the UK.
Jo-Ann Mason says “As a solicitor and as a Trustee of WIGAN and LEIGH CARERS CENTRE, I see all too often how vital it is to put affairs in order as early as possible. Once it is done it is one less thing to worry about should the need arise to use an LPA. Reviewing your will to protect the person you care for and their Will to ensure their assets are protected is also essential.
Above all, get as much help as you can as it is there for you. Contact your local Carers Centre. I know first hand the staff there are willing and waiting to help you.”
If you are a carer and would like advice as to where to begin with an LPA, a will or benefits contact our specialist solicitor Jo-Ann Mason for an initial consultation to find out what you can do. There is no obligation.
If you would like more information contact us today:
Telephone: 0800 294 3065
Ivy Mill Crown Street Failsworth Manchester M35 9BG – Home visits available in Manchester, Bolton wigan and surrounding arears
- RESPONSIBILITY: Being an executor carries a lot of responsibility. We solicitors can carry out your duties on your behalf. We can do as little or as much as you like for a FIXED FEE.
- NO NEED TO OPEN AN EXECUTOR’S BANK ACCOUNT: We Solicitors can provide the use of our client account for all realised assets. You do not need to open a separate account and everything that involves.
- TIME CONSUMING: It can take up a lot of time being an executor. There can be a lot to deal with and if you haven’t done it before it can be a minefield. We Solicitors can take the hassle out of it. This is something we do all the time and know exactly how to deal with all matters quickly. However, we always act on your instructions so you keep control.
- AVOID THE MANY PITFALLS: An executor can be held personally liable if they do not carry out their duties correctly. There are many things that can easily be missed or go wrong especially if you have not been an executor before. The majority of people who take on the role do not know what is involved until they actually have to act. Don’t get caught in the trap and take on too much. It is a huge responsibility and most executors seek advice and get help with an estate. Ignorance is not an excuse if things go wrong, especially if it is a tax issue. Are you aware of the protection given by Trustee Notices?
- WE ARE EXPERTS:we can give you essential advice and guide you through the process of probate, intestacy rules, administering the estate, tax, liaising with beneficiaries, DWP claims and estate accountsWe Solicitors can assist with all the formalities and as you will have an appointed solicitor who is dedicated to making the process easier for you. We can help with any issues that may arise. No call centres. Flexible appointments and methods of contact.
Call or email for an initial consultation to see what we can offer you. All clients are given a set fixed fee. You can tailor exactly what you want. The costs are borne by the estate.
Telephone: 0800 294 3065