Probate (Estate Administration)
1 October 2023
If you are feeling lost, confused or struggling to cope in your role as executor, we are here to help you through this difficult time.
Probate is the term commonly used for the process of administering the estate of a loved one when they pass away.
At Eloise Mackenzie Law, we can assist you whether your loved one passed away with or without a Will. We can assist with administering an estate from start to finish, and consult to a regulated law firm (regulated by the Solicitors Regulation Authority) to apply for a Grant of Probate or Grant of Letters of Administration on your behalf.
We pride ourselves in being different to the majority of high street law firms, and here's why:
- We offer an honest and low cost service – we do not charge time in six minute time blocks, but only charge you for the real time spent in dealing with your file.
- We also offer a free half an hour initial consultation to discuss matters generally and will provide you with a personalised cost estimate before starting any work.
- We will offer you the option to do as much or as little as you would like to do yourself, especially if you are conscious of costs.
- We do NOT charge a percentage of the gross value of the estate in addition to our fees.
- We genuinely care about our clients and providing the best option for you.
Contact us today to find out more about our probate and estate administration service.
Having a Will is vital to ensure that your wishes are known, and your family are protected and provided, when you pass away. Typically people make a Will long before they pass away and this may mean that your Will will need updating during your lifetime if major changes occur. Knowing when might be appropriate to consider changing your Will can help you keep it under review.
A “digital legacy” is the sum total of all digital information and assets that exist about you after you pass away. It encompasses both tangible digital property with monetary value, such as cryptocurrency; and items of sentimental value, such as social media profiles, email accounts, and photos stored in the cloud. Financial assets such as Crypto-currencies are becoming increasingly popular but without the correct planning those funds can be lost forever.
Testamentary freedom is a right in England to a person to divide their assets in their Will as they wish. Here are some of the most whacky and wonderful Wills we could find, which demonstrates how every circumstance is unique.
When it comes to considering funeral wishes in a Will, the majority of people have not ever thought about what they would want to happen when they pass away.
Over the last few years, the Trust Registration Service (TRS) has brought about a significant change in how Trusts are registered and managed. In this article, we will look at the TRS in more detail and explore some of its key features.
Losing a loved one is a painful and confusing time for all of us, and if your loved one was a close relative and they did not leave a Will, or you are an executor under their Will, you may be wondering what you need to do and who you need to speak to.
It is increasingly common that people write their Wills and when they come to us for a review, they know they have a Will in place but they have no idea who wrote it, where it is, or whether they retained the original themselves.
In order to save money, especially when the cost of living is so high, lots of people may consider writing their own Wills.
Are Enduring Powers of Attorney still valid and useful?
What is a Lasting Power of Attorney? A Lasting Power of Attorney (“LPA”) is essential for anyone at any age. LPAs are legal documents that allow you to appoint someone to make decisions for you (called your “attorneys”). When it comes to finances; attorneys can be appointed either because you would like assistance (for convenience), or because you are no longer able to make decisions for yourself because you have had an accident, an illness, or not become fully conscious again after a surgery. Regarding health decisions, an attorney can only act if you become unable to make decisions for yourself. Do I need one or two LPAs? A property and financial affairs LPA gives power to make decisions about things like managing your bank account, paying bills and selling your home. A health and welfare LPA gives your attorney powers for decisions regarding your daily routine and medical care. You can choose to create an LPA for each of these or for both. It is also possible to restrict a financial LPA to deal with your business decisions only. See Business LPAs for more information. What happens without an LPA? While none of us like to think about the worst happening to us, it is vital to put these documents in place to protect ourselves as well as our loved ones. Without these documents in place, an application could be made to the Court of Protection to appoint a Deputy. This can be a lengthy and expensive process, and results in a loss of control over who makes decisions on your behalf. In the short term, having nothing in place could be catastrophic. Bank accounts can be frozen (including joint accounts), bills may remain unpaid for many months, and businesses may fail. Health and care decisions could also be made which do not meet with your wishes. Who can I appoint as my Attorney? You can specify who you wish to appoint as your attorney. This could be a relative, friend or a professional. You may choose to appoint the same attorney, to cover both your financial and health decisions. You may also decide to have a different person or people acting under each type of LPA. Contact us today to book a free no obligation initial consultation to discuss Lasting Powers of Attorney.
