What is a Probate?
Probate is the process of dealing with someone’s affairs after they pass away, either according to the deceased’s Will, if they made one, or under intestacy rules if they did not.
Probate can be time-consuming and confusing to manage on your own, especially when there is inheritance tax to pay. If you are the executor in the Will, or acting on behalf of the deceased, you may also be held liable for mistakes made, so it is important to be diligent. You may also need to defend the Will if it is challenged by a disgruntled relative.
Nearly everyone has thought of making a Will at some point but only 30 per cent of us have actually done so. Even the most sensible of us often wrongly assume that making a Will is something that can be put off until tomorrow.
Unfortunately the absence of a Will, or a poorly written document, can mean instructions on how your estate should be dealt with are unclear and lack legal standing. This can lead to disputes over property belongings and finance. Here at KD Law we offer an expert yet competitively priced Will writing service specifically tailored to the client’s individual circumstances and requirements. We can also advise on basic tax planning and setting up trusts.
Lasting Powers of Attorney
A Lasting Power of Attorney is a document that enables you to decide who will make important decisions on your behalf if you were to be incapacitated and unable to make decisions for yourself. This enables you to appoint someone (your ‘attorney’) who knows you well and who you trust to make decisions regarding your finances, property and welfare, and to manage your affairs in your best interests. If you wish, it is possible for Lasting Powers of Attorney to be used even though you are able make decisions for yourself, but require some extra help from a loved one. This can be extremely useful if you are unable to get around easily, or struggle when dealing with banks or utility companies.
There are a number of ways in which attorneys can be appointed, when and how they are able to act, and what decisions they are able to make. Our expert team are able to advise you on how a Lasting Powers of Attorney can best suit your personal circumstances.
It is a common misconception that your family have a legal right to deal with your affairs as your ‘next of kin’. If you have not made a Lasting Power of Attorney and were to become unwell and unable to make decisions for yourself, your family are not simply able to step in, and they would need to apply to the Court of Protection before they are able to make decisions and manage your affairs on your behalf. Preparing a Lasting Power of Attorney means that your attorneys are able to take over whenever needed.
Our solicitors can deal with any size of estate and any estate matter, including:
- Living wills
- Sharia Compliant Islamic Wills
- Contested Wills and Probate
- IHT planning
- Probate and Administration of Estates
- Powers of Attorney
- Guardianship of minor children
- Discretionary Trusts
- Court of Protection
- Rights of Cohabiting couples
- Care of older people
Our team will be by your side every step of the way, answering your questions and providing you with personalised service.
Please call us for more information on 020 7409 5134