Wills, Trust & Probate
Trying to understand Wills, Trusts & Probate can be a complicated and confusing process. Ewan & Co Solicitors LLP believe in taking the burden away and advising you in simple terms how to balance emotional, financial and legal considerations during what we understand may be difficult times.
With two thirds of the population in the UK dying intestate (without having made a Will) it is now more than ever necessary for you to protect family wealth and limit adverse tax implications.
A Will is essential in life if you want to protect loved ones after your death and distribute your money and belongings amongst those you wish it to go to and not to those the law deems entitled. Not making a Will could see your assets distributed in a way that you may not have approved of, especially in the case of unmarried couples, parents and divorcees while also increasing the Inheritance Tax.
We can help you prepare tax efficient estate planning to ensure that your current assets are protected from one generation to the next, knowing the intricate details of the Inheritance Rules, possible exemptions and reliefs. It is our promise to take this essential task and make it stress-free and to work together until you’re satisfied with the end result.
Writing a will does not have to be time consuming or costly. We offer a cost-effective, efficient and friendly will writing service to help you plan ahead. At the outset we will discuss your family and financial situation and how best we can help. We will ask you about a full range of issues such as the suitability of executors, guardians for your children and trust provisions, anticipating changes which will inevitably occur over the years. We know that writing your will is a personal and often sensitive matter and you can be sure that everything you say to us will be in total confidence.
Checking & updating your will
If your will was written some years ago, or your circumstances have altered, it may be necessary for your Will to be amended.
Recent case law has shown the need to regularly check your will to make sure that it accurately reflects your wishes. Not only can these change over time, but it is possible that your wishes were misunderstood at the drafting stage, as happened in this case. If someone dies and this has happened, it may not be possible to have the will rectified and it will inevitably involve unnecessary expense and delay.
Visiting you in your home
We are always happy to see you in the comfort of your own home if you are not able to come into our offices to see us.
The probate process itself can be complex and time consuming, especially if you have not been through it before. We understand that is the last thing anyone needs when going through bereavement; that’s why our dedicated team will do their utmost to help you whatever your circumstance. Our specialist probate department strive to provide a sympathetic yet professional service to help carry the burden at this difficult time to ensure that the probate process is conducted smoothly and efficiently.
Our Probate team have extensive legal expertise in the often complex law surrounding contentious probate, particularly will and inheritance disputes.
Our service is designed to meet your needs, whether it be resolving the little legalities or taking you through the entire probate process. We aim to serve your needs sensitively, economically but always professionally.
Our Will & Probate Solicitors can help you protect your interests and give you the peace of mind knowing your Estate is taken care of when you pass away.
For further information on any of our Wills, Trust & Probate services, or to make an appointment for an informal first discussion, please call us on +44 (0) 20 7794 1447
When someone dies leaving a will the Executors may need to obtain a Grant of Probate from the Probate Registry to enable them to administer the Will. If there is no will the deceased is deemed to have died intestate (without a Will) and a Grant of Letters of Administration will be required to facilitate the administration of the estate.
We recognise that this formal process comes at a difficult time in people’s lives and often when people are grieving.
We would like to help you. Our team are very experienced, knowledgeable and sensitive. Being an Executor or an Administrator of an estate is an important role. There are certain obligations and duties on Executors and Administrators, and it is sensible to receive specialist advice to ensure that they are carried out correctly.
Whilst some estates are straightforward, some may be very complex, particularly those with tax liabilities. The role of dealing with the administration of an estate can be daunting as it often involves unfamiliar processes. That is why it is prudent to seek advice from our experienced professionals to ensure the estate is administered correctly and Inheritance Tax issues are dealt with.
We can help with all aspects of estate administration and ensure that the interests of the estate are protected and your duties as an Executor or Administrator are discharged. We can do as little or as much as you wish. We deal with the complete administration of the estate for many clients, which they have said is a welcome relief for them at a difficult time.
We charge an hourly rate of between £280 -£450 plus VAT to allow for flexibility.
As an example, our fees for a simple Probate with no tax issues would be approximately £4,000 plus VAT.
A complicated probate with tax issues or conflict between beneficiaries could be in excess of £10,000 plus VAT.
Fees are entirely dependent on the circumstances of the estate. When we have our initial meeting, we will be able to give you a guide of costs tailored to the circumstances of the administration of your particular estate.
In addition to our fees and any Inheritance Tax due there are some ‘disbursements’ that we may be required to pay on your behalf to third parties during the administration of the estate, such as:
Probate Court fee of £155 (subject to significant proposed change in April 2019)
£0.50 for each office copy of the grant required (1 per asset usually)
£3 plus VAT HM Land Registry official copy entry
£36 bankruptcy search
£5 plus VAT for electronic ID search
HM Land Registry registration fees based on scales and the value and status of the property
Other third party costs will be advised as required, e.g. accountant’s fee for potential income tax return, statutory advertisement fee to advertise for unknown creditors, asset tracing fee
There may be additional third party costs for lost share certificates and share registrar and/or sale agent fees on transfer or sale of the shares
S27 Advertisements in the London Gazette and a local newspaper in from £150 -£300 depending on the local newspaper advertising costs.
Stockbroker fees £25 -£150 depending on the number of shareholdings to be dealt with.
Safeguarding the future for the ones you love….
At Ewan & Co we are your partners in the safeguarding of your property and your property transactions. One glaring vulnerability we often see in our clientele is the absence of a will
It is human nature that few of us expect to die ‘today’. That means that there is always tomorrow… and things get put off… and accidents, illness, or even death come as a surprise.
With a few straightforward steps we can assure that your property is protected and dispersed according to your wishes once you are no longer able to act in your best interests.
As your partner we stand ready to serve you in protecting your interested before it is an issue, be it with a will, estate planning, trust creation, and medical/living wills.