Cook Taylor Woodhouse Solicitors

Cook Taylor Woodhouse Solicitors
Offices At

68/70 Eltham High Street, Eltham, London SE9 1BZ
Telephone 0208 859 0936

12 High Street, Dartford, Kent, DA1 1BY
Telephone 01322 223223

131-133 Southlands Road, Bromley, BR2 9QT
0208 313 0555

Q Could I make a home made Will or use a non-legal Will?
A

In order to avoid the danger of having a Will which could be wrongly interpreted or invalid, we would strongly suggest that you consider a solicitor. This would avoid problems arising with a DIY Will or using the services of unqualified Will writers who probably have very little legal training and may leave you with no redress if they get it wrong whereas a solicitor carried full compulsory professional indemnity insurance. The following are common mistakes which we come across quite often.

  • Failure to dispose of all the estate.
  • Gifts being made to witnesses or their spouses. As a general rule these are legally ineffective.
  • Alterations being made to the Will at or before the time it is signed, without it being sufficiently authenticated.
  • No consideration being given to the possibility of the Beneficiary dying before the person making the Will, or not surviving for long enough to enjoy any real benefit.
  • Failure to consider the effects of divorce and/or remarriage.
  • Being unaware of the rights of certain family members and dependants to make a claim against the estate if reasonable and financial provision has not been made for them.
  • Failure to appreciate that the word "children" includes legitimate, illegitimate and adopted children, but not normally step-children.

Q What do you need to think about before your appointment with us??
A

Who your Executors and Trustees should be. Although not essential, it is advisable to obtain the agreement of those whom you wish to appoint as Executors and Trustees. Guardians need to be appointed for young children. This is especially important if only one parent is alive.

It is useful to have an estimate of the value of your estate by calculating the market value of assets and deducting any liabilities. A list of these assets would be helpful. Please note that jointly owned property may/may not pass automatically to the surviving co-owner. This is something we are happy to advise you about, upon further information being provided.

You need to prepare a list of the persons to benefit from your Will, including any charities. Please note that if you do not intend to provide reasonably for anybody who is dependent on you the Court may alter your Will to provide for them.

You need to think about to whom your assets should pass if a Beneficiary dies before you.

You should consider funeral details, such as cremation or burial etc. This can save your family additional worry at a very difficult time.

Q Who should I choose as my Executors??
A

An Executor should ideally be younger than you, although any person aged under 18 years cannot obtain Probate.

Although you may choose as many Executors as you wish, only four may be appointed to act by the Probate Registry at any time.

It is worthwhile to include a substitute Executor in the event of the appointed Executor dying before you or being unwilling or unable to act.

The choice of Executor is very important as a considerable amount of work and responsibility may be involved. Your Executors will be responsible for collecting in your estate and dealing with its distribution according to law. This could involve arranging the funeral and generally taking over your affairs, including the responsibility for payment of taxes and other liabilities. Although an Executor's responsibility starts from the time of death, it may be necessary for the Will to be "proved" to the Probate Court and the appointment confirmed by a Grant of Probate.

It is a common misconception that a Beneficiary cannot be Executor - there is no objection to this. We usually recommend that a family member of friend acts together with a solicitor. This means the family member will be aware of family circumstances and the solicitor is there to advise on legal issues which can arise following a death. You may, however, prefer simply to appoint a member of your family as Executor and rely on that person to make his or her own decision as to whether to appoint a solicitor to deal with the estate or not.

Professional people are able to charge a fee and this should be met by the estate. Unless specified in the Will, a private individual acting as an Executor cannot charge a fee. A non-professional Executor is able to claim back any expenses incurred while carrying out his or her duties. However, the Executor cannot charge for the time spent working as an Executor.

If the Will includes a Trust, it is recommended that the Trustees be the same as the Will's Executors.

Q Is there any cost to appointing a solicitor to be Executor??
A

No. Not at the stage the Will is made. There is no charge for appointment of solicitor as Executor. The appointment of a solicitor as Executor will mean, however, that the solicitor must be involved in the administration of the estate on your death. There is no difference in this firm's charges between administering an estate for which the partners of the firm are Executors or administering an estate where members of your family are Executors.

Q When should I review or update my Will??
A

It is possible to change your Will whenever you choose to do so. This may be by making a completely new Will which supersedes any previous Will, or if the alterations are straightforward, by signing a "Codicil", which is a document to go alongside your Will, detailing the changes you wish to make. You should at the very least review your Will if any of the following circumstances apply:-

  • If you marry or re-marry, as marriage automatically makes your Will void unless it states that it was made in expectation of the particular marriage.
  • If you divorce. Upon divorce a spouse is automatically disinherited from receiving any defined interest unless a Will specifically states that this should not happen. In the same way divorce prevents the spouse from acting as Executor or Trustee if appointed in the Will.
  • If any of the Beneficiaries die and you have not made provision in your Will for what should happen to the failed gift.
  • If you move home.
  • When your financial position changes.
  • When your children become adults and start to have children of their own.
  • If there is a change in the law affecting the provisions of your Will.

Q What other points should I consider??
A

The Will should be kept in a safe place such as our strongroom. We do not make any charge for storage of Wills or Deeds.

Advise your Executors of their role and the location of your Will and possibly your important documents, to assist them when the time arrives.

Couples or individuals with assets of more than £300,000 rising to 312,000 can make substantial Inheritance Tax savings by careful planning. We can offer advice on how this can be achieved.

Q Do I need to make a Will if everything is in joint names??
A

Yes. Although it is normal for jointly held property to pass automatically to the surviving joint owner, you should consider what is to happen to it if you are joint owner who survives. Also, you may have assets such as life assurance policies or pension fund death benefits which are not in joint names. Furthermore, assets held in joint names as tenants in common will not pass automatically by survivorship.

Q What happens if my spouse and I should die in the same accident??
A

Unless the Wills are carefully prepared, this can result in complexity and expense and can even increase tax liabilities.

Q Can my Will be challenged or changed after my death in any other way??
A

Again, only in certain circumstances. For example, an application can be made under the Inheritance Act 1975 by a person who is financially dependent on you, for reasonable financial provision to be made for them out of your estate. This would typically be a wife or husband or partner, a child under 18 or an adult child or other relative who is financially dependent on you.

Q I am disappointed a relative has not left me anything in their Will. Can I challenge the Will??
A

It depends on the circumstances. If you are the deceased wife, husband or partner, the likelihood is that you may be able to challenge the Will if you have not been dealt with fairly. Similarly, if you represent minor children of the deceased who have not been provided for, they may be entitled to challenge the Will.

If you are an adult child who is not financially dependent on the deceased then you are unlikely to have any claim but if you are financially dependent on the deceased then you may have a claim whatever class of relative you are.

In some circumstances, if the deceased has made a promise to leave something to you in the Will and that you have fulfilled a wish of the deceased in consideration of that promise you may also have a claim although this may be more difficult to prove.

Q What does it cost??
A

Our fees for preparing a simple Will is £125.00 plus VAT (£175.00 plus VAT for a couple).