Will and Probate Solicitors

Sutton Coldfield Solicitors, EPO Will writing services.

If you die without making a will, the law decides on how your estate is distributed between your remaining family. If you have no family then your estate i.e. the hard earned cash and assets that you have worked for all of your life, may end up in the Government's coffers . What is worse, if you have not married or formed a legal civil partnership with the person that you have been living with for most of your life and die without naming them as beneficiaries, they will end up with not a penny from your estate and may be ejected from the house that you have shared together by a relative that neither of you knew the deceased ever had!

The worst anecdotes relate to where the deceased made a home made will , sometimes using the type that you can buy from newsagents or off the internet for a few pounds. We have seen, for example, unnecessary complicated and expensive Trusts set up by accident by innocently using the wrong wording in the will. Also using ambiguous words can cause no end of expensive problems for the very people you want to benefit, because they could end up in an otherwise unnecessary legal dispute .

If you have a will drafted now by one of our solicitors, it could save your beneficiaries thousands of pounds or more after your death as a result. If your spouse or partner instructs us at the same time and the will instructions are similar, the second will is half price.

Apart from drafting wills so that the right people benefit, liability for Inheritance Tax may also be an important consideration and can be reduced or eliminated by following expert advice from us.

If you divorce or remarry or a relative or friend dies, or a child is born, you may wish to review your will and we may be able to make the amendments by codicil which is usually cheaper than drafting a completely new will.

EPO Lawyers can offer you sensitive expert advice and guidance on all of these matters to ensure that your wishes are met, and we are happy to do home or hospital visits if the client is unable to visit the office.

If you need some advice about this or any topic, we are quite happy to give a limited amount eg an email or a phone call's worth for free.

Helping to protect yourself and your family

Make a will or bring your existing will up to date
Making a will is one the easiest and best things you can do to protect the interests of the people you care about. It’s also the only way of ensuring that your wealth is passed on in the way you want. Unfortunately, many people never get round to making a will which means they are said to have died intestate. If that is the case then their wishes will not be known and their estate will be divided in a way laid down by law. It means their money may not go to the people they would have chosen themselves. If there is no will, children, grandchildren and even surviving spouses may have to take legal action to receive the inheritance to which they believe they are entitled. Every week in the courts there are cases involving families who are in dispute because someone dear to them failed to make a will. If you already have a will then it is a good idea to make sure that it is up to date. If it was made several years ago it may no longer reflect your current circumstances, especially if you have divorced and remarried. Many people do not like the thought of making a will and the associations that go with it but it is the only way of ensuring that your estate is passed on according to your wishes. A solicitor can make the process quick and easy while ensuring that all the paperwork is carried out properly in accordance with the law.

Cohabiting couples should consider legal agreements
Cohabiting couples are often mistaken about their legal rights. Many believe there is such a thing as common law marriage giving them the same legal protection as married couples. Unfortunately for them, this is not true. Cohabiting couples have very few automatic rights and this can cause numerous problems. For example, if your home is in your ex-partner’s name then you will have no automatic right to stay there if you are asked to leave. Nor will you automatically be entitled to a financial share in the house, even if you helped to pay for it over several years. If you are cohabiting you should also remember that your partner won’t have to pay maintenance for you if your relationship ends, even if you gave up your job to look after the children while he or she went out to build a lucrative career. They will, however, have to help support any children you have together. Many couples protect themselves by drawing up living together agreements which state in advance how their assets should be divided if they eventually separate. This can prevent disputes later if the worst does happen, although many couples find that the process of drawing up an agreement actually strengthens their relationship because both sides feel more secure and settled.

Consider creating a Lasting Power of Attorney
Each year thousands of people create a Lasting Power of Attorney (LPA) to protect their interests in case their health and their mental capacity should start to deteriorate. LPAs enable you to nominate someone such as a family member or trusted associate to make decisions on your behalf if you ever lose the ability to do so yourself in the future through illnesses such as dementia. The property and finance LPA allows you to appoint someone to look after your financial affairs and the personal welfare LPA lets you grant an attorney authority over such matters as health care and the kind of treatment you receive. There are safeguards to prevent the system being abused so you can prepare for the possibility of ill health secure in the knowledge that you can leave important decisions in the hands of someone you trust. If you don’t have such arrangements in place then your family may have to go through complicated and time-consuming legal processes just to get the authority to help run your affairs for you. That is the last thing they want at a time when they will already be worried about you and your failing health. LPAs should be drawn up with the help of a solicitor to ensure that they accurately express your wishes and protect your interests. No one can be sure what the future will bring them in terms of their health, but LPAs can at least ensure that their interests are protected should the worst happen. Please contact us if you would like more information .