Personal
Hewitts Solicitors offer a wide range of services relating to wills, probate and lifetime planning. The services outlined below are not exhaustive. If you have an enquiry and are unsure whether we can assist, please get in touch for a quick conversation. In most cases, we will be able to confirm straight away whether we can help and explain the next steps.
Making a Will ensures certainty about what will happen to your assets when you die. The law does not provide a system of rules that is fair to everyone if someone dies without a Will, and the outcome may not reflect your wishes or family circumstances, for example:
Although anyone can draft a Will, the legal and practical complexities mean that the outcome may not be as you expect. The Wills Act sets out strict requirements for how a Will must be executed. If a document is not executed correctly, it may not be treated as a valid Will and could be of no effect or lead to unintended consequences.
When making a Will, important matters to consider include:
Our charges start from £240 plus VAT (£288 inclusive) for a straightforward Will for one person.
If you would like to discuss how we can help, please contact a member of our team.
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people to act on your behalf if you are unable to manage matters yourself. Anyone over the age of 18 can make an LPA. There are two types:
Property and Financial Affairs: Covering matters such as bank accounts, investments, property and bills
Health and Welfare: Covering matters such as medical treatment, care arrangements and where you live
You must have the required mental capacity to make an LPA. If you do not have capacity, an LPA cannot be made and an application for a Deputy will be required through the Court of Protection.
When making an LPA, a certificate provider must confirm that you understand the document and are acting of your own free will. This may be someone who has known you for some time or a professional such as a solicitor or doctor.
Key considerations include:
LPAs are complex documents that must be completed in a specific order. Errors cannot be corrected once submitted, and LPAs cannot be amended after completion. If mistakes are made and capacity is later lost, this can cause significant difficulties and additional cost.
LPAs must be registered with the Office of the Public Guardian before they can be used. They are important documents that can save time, cost and stress in the future.
Please contact a member of our team to discuss your options.
The Court of Protection deals with applications relating to individuals who lack mental capacity to manage their financial affairs and/or health decisions. Where no LPA exists, the Court appoints a Deputy to act on the person’s behalf.
The purpose of the Court of Protection is to safeguard vulnerable individuals and ensure their affairs are managed properly. The Court works alongside the Office of the Public Guardian, which supervises Deputies and requires annual reporting on financial management.
Things to consider include:
Please contact a member of our team if you would like to discuss your options.
The term probate generally refers to the administration of a deceased person’s estate, whether or not a Will exists.
Where there is a Will, the estate is usually administered by an Executor. If there is no Will (known as intestacy), an Administrator is appointed in accordance with legal rules. The process typically involves obtaining a Grant of Probate or Letters of Administration.
Administering an estate can be onerous, particularly where there are complex assets, inheritance tax considerations, creditors, or multiple beneficiaries.
Executors and Administrators are personally liable for their conduct during the administration. Before accepting the role, it is important to consider:
We can agree costs based on the level of assistance you require. We can obtain the Grant of Probate or Letters of Administration only, or assist with part or all of the estate administration process, including probate conveyancing.
Our hourly rate is £295, and we will provide an estimate of total costs at the outset. Fixed fees may be agreed for limited work where appropriate.
Please contact a member of our team if you would like to discuss your options.
Administering an estate typically involves the Personal Representatives extracting a Grant with the Probate Registry to enable them to access or sell assets.
We anticipate this will take between 10 and 14 hours work. Our charges will ordinarily range between £1350 and £3320 + VAT (£1620 and £3984 inclusive). The hourly rate applied will vary depending upon the fee earner dealing with your matter. Our lowest hourly rate is £160 + VAT (£192 inclusive), and our highest hourly rate is £295 + VAT (£330 inclusive).
The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.
We can handle the full process for you. This estimate is for estates where:
Disbursements that are likely to be incurred (VAT is applicable where stated):
Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Disbursements are in addition to our own costs.
On average, estates that fall within this range are dealt with within 6-8 months.
Typically, obtaining the Grant of Probate takes up to 16 weeks, depending on how quickly the Probate Registry are able to deal with the application.
Collecting assets then follows, which can take between 4-6 weeks. Once this has been done, we can distribute the assets, which would normally take 2 weeks.
We can help you through this difficult process by obtaining the Grant of Probate on your behalf.
We charge a fixed fee for this service, which starts from £950 + VAT (£1140 inclusive) for a standard application.
On average, obtaining the Grant of Probate takes 18-24 weeks, depending on how quickly the Probate Registry can deal with the application.
There are many reasons why a trust may be appropriate as part of your estate and lifetime planning. Trusts can be used to help manage inheritance tax planning, protect assets for a vulnerable relative, set aside funds for children’s education, or achieve other specific personal or financial objectives.
Whether a trust is suitable will depend on your individual circumstances and what you are looking to achieve. There are several different types of trusts available, each with its own purpose and implications. Taking professional advice is important to ensure the right structure is put in place and that it works as intended.
If you would like an initial discussion to explore whether a trust may be appropriate for you, please contact a member of our team to talk through your options.
