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Wills & Probate

Wills & Probate

Thinking about what happens to your finances and property when you die can often be a thought provoking and emotional time that can be difficult to deal with. It often helps to have someone who is not a member of your family or your friend to discuss the plans that you would like to be put into place after your death and ensure that your wishes and instructions are followed.

Relatives and friends can  also be very distressed by the loss of a loved one, but at the same time may be left with the responsibility of estate disposal (including disposing of personal items) making it a very difficult time for them.

Hannays Solicitors and Advocates provide expert legal advice in every aspect of making a will, estate management and probate.

Additionally, if you are elderly you may require specific advice and help to manage in your later years and we offer specialised elderly client services.

Our services include:

  • Drafting and updating wills
  • Administration of Estates on Death / Probate
  • Inheritance tax planning and advising you on your assets to ensure wealth protection
  • Trusts
  • Power of Attorney

Wills

The reason most people give for not having a Will is that they don’t want to think about their death. We have a great deal of experience at Hannays Solicitors and Advocates to help you make your Will while focusing on the positive aspects of making your wishes known. This ensures that your family, friends, favourite charity or good cause receive what you would like them to have. It is important to have a Will which is constructed properly to ensure that it cannot be questioned after your death and the instructions you have left about the disposal of your Estate can be carried out legally.

Without a will you are unable to control what happens to your assets after death, which may leave your dependents with complicated problems to resolve.

The law determines what happens to a person’s Estate if they die intestate (without a will) and under the rules, it is possible that your wife/husband may not get everything when you die. If you are living with someone and are not married to him or her, your partner may get nothing at all without further legal action at a time when they are mourning.

If you are a husband and wife who have no children (or children from first marriages) and die without making wills, it is likely that all of the estate may pass to the family of the second to die, with nothing going to the family of the one who died first. With a Will it is possible to arrange for the estate to be divided fairly between the two families.

A Will allows you to express your wishes as to your funeral arrangements.

If you made a Will before marriage your Will needs to be redrafted as on marriage your existing Will becomes invalid.

When your Will has been drawn up and signed we will retain it for safekeeping free of charge unless you have other secure safe storage facilities that will be known about and accessible after your death.

For clients who wish to make a Will but cannot come to our offices because of illness, infirmity or because they are resident in long term care we can make arrangements (often at short notice) to visit your home, hospital ward or residence.

Please call us on 0191 4974630 or 0191 4555361 for initial advice or an appointment, or alternatively please complete and submit our online form.

Probate – Administration of Estates

After your death your ‘Estate’ is the property along with any other assets that you have. Our probate specialists handle the winding up of your Estate with understanding and sympathy as we appreciate that for your family and friends this can be a very distressing and stressful time. Administration involves:

  • Ascertaining the assets and liabilities and preparing the necessary tax forms
  • Obtaining a Grant of Probate or Letters of Administration enabling the personal representative to obtain the assets
  • Settling the liabilities of the estate
  • Distributing the estate in accordance with the terms of the will and if there is no will in accordance with the statutory rules.
  • Advising if there is a dispute between beneficiaries, executors or those who want to make a claim against an estate
  • Ensuring that any Inheritance tax due is declared and paid

Please call us on 0191 497 4630 or 0191 4555361 for initial advice or an appointment, or alternatively please complete and submit our online form.

Please call us on 0191 497 4630 or 0191 455 5361 to arrange an initial meeting to discuss your individual circumstances and outline your options.

or complete our contact form

Our Wills & Probate team

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