Archive for the ‘Wills’ Category


 

WE Solicitors recently completed a Will for a volunteer at Oldham Cancer Support Centre.

As a gesture of our support we waived our usual fee of £108. Our client then kindly decided to donate the fee to Oldham Cancer Support herself. This is a service we will gladly extend to anyone who is utilising the services they provide. We try to make the process of making a Will as easy as possible.

If you would like a make a Will then please contact Oldham Cancer Support Centre who can then refer you to us. Our office is nearby to the centre at Ivy Mill Crown Street Failsworth Manchester M35 9BG

Oldham Cancer Support Centre The Ena Hughes Centre Elllesmere Street Failsworth M35 9AD

Tel: 0161 770 8751  Email: oldhamcancersupportcentre@hotmail.co.uk

Oldham Cancer support

________________________________________________________

We Solicitors can also help you with other issues. If you need advice about a Lasting Power of Attorney or you have been diagnosed with an industrial related illness such as mesothelioma or asbestosis then we can help.

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

 

The National Society of Allied and Independent Funeral Directors have produced a very useful booklet which allows you to convey your wishes and consider what you can do to make the path in later life easier. You can use the booklet as a guide and to write down your wishes:

http://saif.org.uk/wp-content/uploads/2016/09/SAIF218-Planning-for-later-life-20pp-Booklet-FINAL-DIGITAL.pdf

Planning for the end of your life

SAIF say:

“We all plan for every major life event – careers, marriage, family, pensions and retirement to name but a few. Why then, do so many of us fail to plan for the end of our life and leave so much either to chance or in the hands of our relatives who may not know our wishes? Why has only one third of the population made a will? It may be that we are afraid to plan for this inevitable event for fear that we may somehow speed its arrival. Planning for the end of our life allows us to record our wishes and choices at a time when we are mentally able to do so. With clarity, we can be sure about what we want and when we want it.”

  1. Make a will
  2. Record your funeral wishes
  3. Plan your future care and support
  4. Register as an organ donor
  5. Tell your loved ones your wishes

WE Solicitors says “This is a very good guide and starting point to plan for later life. All five valid points make perfect sense. It is particularly good if this is a difficult subject to raise with loved ones. You can complete the booklet and just let your family know that you have done it and where to find it should it  ever be needed.  This would compliment a Will and a Lasting Power of Attorney very well.”

It may seem a minefield at first but with the right advice it is likely to be easier than you think to cover these issues.

To speak to an experienced and understanding solicitor contact WE SOLICITORS LLP. We offer home visits and appointments to suit you. Some of the process can be done my email or telephone. We work around 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

 

At WE Solicitors, Jo-Ann Mason has met with two clients in the last week who live with their partners. Without a Will their wishes would NOT be met. The outcome would have been far different for their long term partners:

Mr A owns his owns his own house and recently moved in with his partner Ms V. she owns her own house. Whilst they are living together Mr A wanted to ensure his house went to his two sons (from his previous marriage) but that anything else he had was to go to Ms V as she was looking after him and providing his care.  He appointed his brother as an executor as he had some experience of dealing with their parent’s estates and felt he would be best to do that.

Without a Will the law says Mr A’s estate would go to his nearest blood relatives. This would be his two sons and they would be appointed as the administrators. They would not have the authority to deal with anything until they got a grant of Letters of Administration. Ms V would be entitled to absolutely nothing.

Mr C lives with his long term partner. They never got round to getting married. Mr C is terminally ill. They don’t have a lot in the way of assets but Mr C wants to make sure that whatever he does has goes to his partner Miss K. Mr C has three children. He has not seen them for years. They are a very private couple and they were particularly concerned that the children were not to come to the house and take belongings or try to take over. Mr C left everything he has to Miss K in his Will. He also did a Letter of Wishes to explain his intentions regarding his children and also his funeral wishes.

Without a Will the law says everything would have gone to his three children with whom he no longer has contact and he was very clear he did not want them involved in any aspect after he passed away. They would be entitled to his estate and his personal belongings and bank accounts would belong to his children. This is not what he wants and it is not the sort of situation he wants to leave his partner in when he has gone and she is left to deal with this on her own. He has made a Will to ensure this does not happen.

Making A Will ensures your wishes are in place. Don’t leave your partner in a very vulnerable position at an already extremely difficult time. You can ensure all your family are looked after. There are various options available that you may not be aware of to ensure you have protected your partner and your children.

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

 

More than half of all adults in the UK have not made a Will. If you have children it is especially important to have a Will in place. Every parent wants their child to be safely looked after and protected. To think of not being here to look after your children is far from a pleasant thought. But it is better to be safe in the knowledge that if the worst happens you have done what you can to protect them and ensure they are looked after rather than leaving it to chance.

You can put your wishes in place for their future. This cannot be done without a Will.

The points to consider include:

  • Who would be their guardian?
  • What age would they inherit 18, 21, 25 or older ?
  • Who would you appoint as Trustees to look after their inheritance until they get to the specific age?
  • Could they have access to funds prior to the age i.e. for education or maintenance?
  • What if you have step children or children from a first and second marriage?
  • Would your partner / spouse want something different?
  • What if you own a property?
  • Where would your children live?

These are not questions to be left unanswered no matter how hard they are to think about. Once a Will is on place then you would not have to think about them.

It may seem a minefield at first but with the right advice it is likely to be easier than you think to cover these issues.

To speak to an experienced and understanding solicitor contact WE SOLICITORS LLP. We offer home visits and appointments to suit you. Some of the process can be done my email or telephone. We work around 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

 

 

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

 

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