Archive for October, 2014

We Solicitors LLP take pride in offering a fixed cost probate service. We offer fixed fees for Wills and Lasting Powers of Attorney but also to obtain a Grant of Probate.  A lot of firms still do not offer a fixed cost upfront to administer an estate on behalf of executors at the beginning of the mater.


Case study example:

We have acted for two appointed executors. The estate consisted of a house and various bank accounts totalling £45,000 and a life assurance policy worth £2,500. The Will of their late mother left  1/3 of the estate  to each son (the executors and trustees) and 1/3 divided between 3 grandchildren who were all under 18.

We dealt with all issues on their behalf; we arranged for the funeral to be paid by the bank, contacted all the utilities (gas electric, council tax etc.) and arranged for all final bills to be sent to us. These were finalised when the house was sold.  We made sure the buildings insurance was in place. We found out who the insurers was and we located the deeds to the house. We dealt with the DWP and repaid benefits that were paid after death.

We obtained the Grant of Probate. All monies from the bank accounts and the house sale were paid into our client account so we could then distribute 1/3 to each son. We gave the sons advice on being Trustees and what they needed to do with the grandchildren’s shares. Once they had put in place the required trust accounts we then sent them the funds for the grandchildren.

When the house was sold we got accurate meter readings, informed all utilities and paid any final accounts. We then prepared Estate Accounts so the Executors could see everything that had come in and everything that had  been paid out, including any income earned during the administration period which is required for tax purposes. These accounts can also be shown to the grandchildren as they reach 18 to show they acted correctly on their behalf.

All throughout this process we kept in regular contact with the executors. One son was our main point of contact (so we were not duplicating) but we dealt with both sons. We mainly kept in contact by email and then  telephone calls when needed. The two sons initially came in to the office as they were local. The process from start to finish took 11 months. This was because it took 9 months to find a buyer for the house and for the sale to go through. The first distribution was made and rest of the estate was dealt with within 3 months.

And the cost of doing all this was given at the

beginning before any work was started.

The cost was a very competitive £2500 + VAT and paid from the estate.

We explain at the beginning what is included in this quote and what possible issues may arise. We gave advice and support to the executors all the way through and they knew they could contact us whenever they needed to. They had one main point of contact. No call centres or various people dealing with it. Just one main point of contact with a direct telephone number and email.

If these clients had not been local the estate would have been dealt with just as easily. We would have communicated the way the executor would have wanted to and would have still dealt with all aspects. So we are accessible to any executors around the country.


If you would like advise or a quote to obtain Probate or administer an estate on your behalf contact WE Solicitors


Telephone: 0800 294 3065



The Government has released a policy paper in response to the House of Lords Committee Report on the Mental Capacity Act 2005 and how it is working in practice

The Government gave their response setting out a system wide programme of work to implement the Mental Capacity Act 2005.

Some of the main points highlighted are as follows:

  • Care Quality Commission to add the MCA to its checks on services
  • An MCA Advisory Board to be set up to report on the effectiveness of the MCA each year.
  • The Government will give more information to  doctors, solicitors police  carers, housing officers and banks
  • The Government will provide more training for social workers and front line staff to help people be able to make decisions for themselves
  • People will be made more aware of Advance Directives – A document in which you can state that if you don’t want treatment in the future when you might not be able to make a decision about it

Lasting Powers of Attorney:

The Government says:

“Not many people are using Lasting Powers of Attorney and only think about them when they are very ill. We want more people to plan for the future and use them earlier”

They are considering a Life Planning Day from next year to make people more aware of Lasting Powers of Attorney and what they are used for. It will be a “national event to both raise awareness of the Act and to hear the views of professionals and the public as to how we can further develop our programme of work.”


“Anyone, at some time in their lives, may lack some degree of mental capacity. One of the most important aspects of the MCA is the right to prepare for such a time by registering Lasting Powers of Attorney ( financial and/ or health and welfare)and giving the power to make decisions regarding their finances or welfare to a trusted family member, friend or other such appointed person.”


Court of Protection:

  • More staff will be employed
  • New Rules next year

“The Office of the Public Guardian (OPG) is undertaking significant work to increase the level of awareness and understanding of Lasting Powers of Attorneys (LPAs) – working with NHS England to provide guidance for frontline staff and with the CQC to make sure questions on LPAs feature in inspections of health and social care providers. HM Courts and Tribunal Service has committed to increasing the staff complement of the Court of Protection and the Government has committed to the revision of the Court of Protection Rules – with a view to having new rules in place by April 2015”

Valuing every voice, respecting every right: Making the case for the Mental Capacity Act

The Government’s response to the House of Lords Select Committee Report on the Mental Capacity Act 2005

If you would like more information on Lasting Powers of Attorney and how they can benefit you please contact our expert solicitor at we solicitors Ivy Mill Failsworth Manchester M35 9BG. We always offer fixed fees. Home visit available

Do not put off such an important issue.


Telephone: 0800 294 3065







The Inheritance and Trustees Powers Act 2014 came into force on 1st October 2014.

If you do not have a Will the intestacy Rules determine who will get your estate if you die. These are strict rules and it cannot be assumed that your nearest loved ones will inherit your estate.

The main changes are :

If you are married and you have children:

Your spouse will receive the first £250,000 of your estate. Your children will take half of any assets above this amount and your spouse will take half of any assets above this amount

If you are married and you do not have children:

Your whole estate will go to your spouse

++If you have a partner and you are NOT married and you have children:++

Your partner will get NOTHING! All your estate will go to your children.  You do not decide who will look after their share  for them if they are under 18.  If you are separated or divorced from their father / mother their surviving parent will look after their inheritance and they will also choose someone to be appointed with them.

++If you have a partner and are NOT married with no children:++

Your partner will get NOTHING from your estate. It will go to your nearest blood relatives being your parents equally if they survive you, if not then to your brothers and sisters equally.

It is not complicated to make a Will if you get the right advice from a Solicitor with the expertise to guide you through the process.


Jo-Ann Mason at We Solicitors in Failsworth, Manchester says “The only way to be sure that your wishes are in place and to protect your loved ones is to make a Will. The new rules highlight that it is even more important to have a Will. Especially if you have a partner or children and even more so if you have children from a first marriage and children with a second spouse or partner. If you are not sure what you want to do we can guide you and discuss the options you may not have thought possible.  Going to a solicitor to make Will is not always the most expensive option but you can be sure you receive the quality of service that you need when making a Will with us”

To make Will or discuss the options available to you contact WE Solicitors today.

Do not put off such an important issue.


Telephone: 0800 294 3065