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How Much Does It Cost To Make An Application For Probate?

Thu, 17 Jul 2025 15:51:10 GMT

Probate is a topic that often sneaks up on people - usually at the most inconvenient time, like after the loss of a loved one. Understanding how much probate costs is crucial because it can significantly impact the estate that you are responsible for administering. At Ash Hill Solicitors, we know that the process can be daunting, and the costs aren’t always straightforward. So, let’s unpack the fees you can expect, what influences them, and some tips to keep expenses manageable.

What Is Probate? How much does it cost to deal with it?

Probate is the legal process of administering a deceased person's estate. This includes collecting assets, paying debts, and distributing what's left according to the will or the rules of intestacy if there’s no will.

Probate is the official “permission” granted by the courts to deal with the deceased’s affairs. It ensures that important legal and financial checks are in place so that the estate is handled properly.

These steps exist to protect both the estate and the beneficiaries; however, they do carry associated costs which are not always obvious. The main expenses typically fall into three categories: probate fees (or court fees), solicitor fees, and other miscellaneous costs like valuers or estate agents.

Probate Fees: What Are the Court Charges?

In England and Wales, the probate fee is as follows:

Estates valued under £5000 pay no fee at all.
Estates valued above £5000 there is a fee payable to the probate registry.

Please click link to check fees - Applying for probate: Fees - GOV.UK

Solicitor Fees: How Much Does Legal Help Cost?

Many people decide to seek legal support to assist with the probate process, Solicitors’ fees can vary depending on:

the complexity of the estate
the number and type of assets
whether inheritance tax is payable
the fee structure used

Some solicitors charge a fixed fee for straightforward estates, which might range from £1,000 to £3,000. Others work on an hourly rate, which can be anywhere from £150 to £350 per hour or more in London and surrounding areas.

At Ash Hill Solicitors, we offer highly competitive and reasonable fees that cover all aspects of the probate process. Our aim is to provide clear, comprehensive support with no hidden costs, ensuring peace of mind during a difficult time.

Additional Costs That Can Add Up

Besides court and solicitor fees, other expenses may arise during probate. Valuers might be required to assess property or possessions; estate agents may charge fees to sell property; there can be costs related to clearing the deceased’s belongings or dealing with outstanding debts.

And then there are inheritance tax payments, if applicable. While not technically a probate cost, inheritance tax can often form part of the estate administration process and should be considered when budgeting.

Tips to Manage or Reduce Probate Costs

While some probate costs are unavoidable, there are ways to keep expenses in check. Some useful tips include:

Seek advice early - Solicitors can help you plan effectively and avoid costly mistakes.
Check the value of the estate - estates under £5,000 do not pay probate fees
Explore simplified probate procedures - in some cases, small estates or those with straightforward wills qualify for expedited processes.
Organise assets ahead of time - joint ownership of property or setting up trusts can sometimes reduce probate involvement and costs.

When Should You Seek Legal Support?

Probate is often complex, especially when dealing with multiple beneficiaries, foreign assets, or disputes over the will. If this sounds like your situation, seeking legal support for managing inheritance is not just wise; it’s necessary.

Ash Hill Solicitors offers expert advice and assistance to navigate these complexities smoothly. Mistakes in the probate process can be costly and time-consuming. Getting expert help can reduce stress, protect you from liability, and ensure the process runs smoothly.

For those unfamiliar with the legal framework, we recommend reading more about understanding probate in the UK to get a solid foundation before jumping into the process.

Final Thoughts

So, how much does probate cost? The simple answer is that it depends on the size and complexity of the estate. Knowing the typical fees involved - probate court fees, solicitor charges, and additional expenses - can help you plan better. It’s a process that demands care, both in legal and financial terms.

And remember, while probate fees might feel like a burden, they’re part of ensuring the deceased’s estate is settled lawfully and fairly. With the right support (and a bit of foresight), managing probate costs doesn’t have to be overwhelming.

At Ash Hill Solicitors, we understand how difficult this time can be, so we’re here to provide clear and expert advice tailored to your situation - because probate isn’t just about costs; it’s about peace of mind during a difficult time.

We would be happy to have a 20-minute free initial discussion about any probate or estate planning issues that you may have. Contact us today to see how we can help.

Who Can Witness a Will?

Tue, 01 Jul 2025 08:21:06 GMT

Ensuring your will is properly witnessed is essential. If done incorrectly, the document may be deemed invalid - putting your estate at risk of legal disputes or delays. In this guide, we explain who can witness a will, outline the legal requirements, highlight common pitfalls, and share best practices to help you protect your final wishes.

Legal Requirements for Will Witnessing

To be valid under the law in England and Wales, a will must be signed in the presence of two witnesses. While the process might appear simple, there are critical details that can’t be overlooked.

Number of Witnesses

You must have exactly two witnesses, both present at the same time when you sign your will or acknowledge your signature. Adding extra people to the room won’t help - and having more than two people sign can lead to confusion if any discrepancies arise.

Age and Capacity of Witnesses

Witnesses must be 18 or over and have the mental capacity to understand what they are doing. They do not need legal training, but they should fully grasp that they’re witnessing the signing of a legal document.

Relationship to Beneficiaries

A witness cannot be a beneficiary of the will, nor can they be married to or in a civil partnership with a beneficiary. If someone who stands to inherit also signs as a witness, they risk forfeiting their entitlement - even if the rest of the will is valid.

Physical Presence

Witnesses must be physically present when the will is signed. Although remote witnessing was temporarily permitted during the pandemic, that allowance ended in January 2024. All parties must be in the same room, watching the will being signed in real time.

For more details on will witnessing requirements , visit Ash Hill Solicitors.

Who Can Serve as a Witness?

You have more options than you might think. As long as they meet the criteria above, the following individuals are commonly chosen:

Friends or Neighbours

Friends or neighbours are a common choice, provided they’re not beneficiaries and are over 18 with mental capacity.

Colleagues or Professional Contacts

Workplace contacts like colleagues or accountants can serve, as long as they’re impartial and not named in the will.

Solicitors or Legal Professionals

If your will is being drafted by a solicitor, they’ll often witness the signature as part of the service. This can add reassurance, though it may involve a small additional

fee.

Other Professionals

Unusual but acceptable options include your bank manager or local librarian - provided they meet the legal criteria and are willing to act as witnesses.

Who Should Not Witness Your Will?

To protect your will’s validity, avoid using the following individuals as witnesses:

Beneficiaries and Their Spouses

Anyone who stands to benefit from the will - or who is married to someone who does - must not act as a witness.

Under-18s

A witness must be at least 18 years old at the time of signing.

Individuals Lacking Capacity

Those who cannot fully understand what they’re witnessing - for example, due to intoxication or mental impairment - are not legally valid witnesses.

Anyone with a Potential Conflict of Interest

If someone might later contest the will or has a reason to influence its contents, they should not be involved in the signing process.

Common Mistakes to Avoid

Even simple oversights can cause issues. Here are some frequent errors:

Witnesses Signing at Different Times

All signatures - including yours - must be added during the same session. One witness signing in the morning and another later in the day invalidates the will.

Unclear Handwriting or Informal Names

Witnesses should clearly print their full legal names beneath their signatures. Avoid nicknames or illegible handwriting to prevent delays.

Confusion Around Executors

Executors do not need to witness the will and generally shouldn’t. However, they should be informed about where the will is stored and how to access it when needed.

Capacity Concerns and the Court of Protection

If there are concerns about whether the person making the will (the testator) had full mental capacity at the time of signing, matters may be referred to the Court of Protection. In more complex cases, a deputy through the Court of Protection may be appointed to assist with decisions or oversee estate matters.

Best Practices for a Smooth Signing Process

Follow these steps to avoid complications during or after will signing:

Schedule a Dedicated Time

Pick a quiet time and space to sign your will, free from distractions and pressure.

Brief Your Witnesses

Ensure your witnesses understand their role and know exactly when and where to sign.

Clearly State Your Intent

Verbally confirm at the outset: “This is my last will and testament.” It adds clarity and supports the validity of your will if challenged later.

Document the Details

Make a note - separately from the will - of the date, location, and witness names. While not a legal requirement, it can serve as helpful evidence in future.

Store the Will Securely

Once signed, store the original document safely - whether with your solicitor, at the Probate Registry, or in a secure place at home. Make sure your executor knows where it is and how to retrieve it.

When to Seek Professional Advice

If your estate involves property abroad, business interests, complex family situations or high-value assets, professional legal advice is highly recommended. A solicitor can help avoid costly errors and ensure your will meets all legal requirements.

Final Thoughts

Getting your will witnessed correctly is not just a formality - it’s essential for your wishes to be honoured. By selecting suitable witnesses, meeting the legal criteria, and documenting the process, you reduce the risk of complications later. For personalised guidance or support, our team at Ash Hill Solicitors is ready to help.

Will Storage: How and Where to Safely Store Your Will

Tue, 01 Jul 2025 07:43:27 GMT

When it comes to writing your will, many people focus on getting the wording right and choosing the right executor - but storing the document securely is just as important. If no one can find your will after your death, it’s as if it never existed. In this guide, we explore the most secure and practical options for will storage, so your final wishes are accessible exactly when they’re needed.

Why Proper Will Storage Matters

Once your will is signed and witnessed correctly, it becomes a legally binding document. But its power only comes into play if it can be found and presented to the probate registry after your death.

Storing your will properly:

Prevents loss or damage from fire, water, or everyday accidents
Avoids disputes caused by outdated or missing versions
Ensures your executor can act quickly and confidently

Where to Store a Will in the UK

There’s no legal requirement to store your will in a specific location, but some options are far safer and more practical than others.

At Home

This is the most common - and often riskiest - method. Even if you keep your will in a safe or locked drawer, your executor may not know where to look or how to access it. Fire, water damage or accidental disposal are also risks.

If you choose this route, use a fireproof safe and inform your executor of the exact location.

With a Solicitor

Many solicitors offer secure will storage, often for free if they drafted your will. This is one of the safest options, particularly if your executor knows which firm to contact.

At the Probate Registry

The government offers an official will storage service through HMCTS for a small one-time fee. You receive a certificate of storage, and your executor can apply to retrieve the will after your death with proof of identity and a death certificate.

Through a Will Storage Company

Specialist providers offer secure document storage - often with fireproof protection, access controls, and optional extras like update reminders. Choose a regulated and reputable company if you go this route.

Digital Copies

You can keep a scanned copy for convenience, but only the original signed document is legally valid for probate. A digital copy can help your executor locate the original, but cannot be submitted in its place.

Who Needs to Know Where the Will Is?

Storing your will properly is pointless if no one knows where it is. Tell your executor, a trusted family member, or your solicitor. It’s also wise to write down instructions somewhere accessible - such as with your personal papers or in a letter of wishes - in case the executor cannot be reached immediately.

What Happens If the Will Is Lost?

If the original will can’t be located after death, the law assumes it was destroyed - even if that wasn’t the case. Without strong evidence (such as a copy and witness statements), your estate may be distributed under intestacy rules or an older will, which could go against your wishes.

When Mental Capacity Is a Concern

Even with perfect storage, a will can still be challenged if someone disputes your mental capacity at the time it was written. If there are any concerns - such as dementia, memory loss or complex family circumstances - it’s wise to document your capacity clearly.

In some cases, appointing a deputy through the Court of Protection may be necessary to help manage or verify decisions, especially when writing a will on someone else's behalf.

Best Practices for Storing a Will

To make sure your will stands the test of time and is easy to retrieve when needed:

Store the original in a fireproof and waterproof location
Avoid folding, stapling, or writing on the will after it’s signed
Review your storage choice whenever your personal circumstances change
Confirm your executor knows where to find it - and how to access it

Final Thoughts

Choosing the right will storage solution is as important as drafting the will itself. Whether you use a solicitor, a government service, or a secure storage provider, your goal is the same: to ensure your executor can find your will easily and carry out your wishes without delay or confusion.

If you're unsure which option is best for your situation, a solicitor can help you make the right choice for your needs and your estate.

Inheritance Tax: The Ultimate Guide

Tue, 01 Jul 2025 06:48:38 GMT

Inheritance tax is one of those topics that can make anyone’s head spin, especially when dealing with the emotional weight of losing a loved one. At Ash Hill Solicitors, we appreciate that understanding inheritance tax isn’t just about numbers; it’s about planning, protection, and peace of mind. So, whether you’re wondering how much is inheritance tax or looking for ways to minimise the burden, this guide covers what you need to know - plain and simple.

What Is Inheritance Tax?

Inheritance tax (IHT) is a tax on the estate of someone who has died. In the UK, it applies to the value of the estate above a certain threshold - the inheritance tax threshold - currently set at £325,000 for individuals, known as the nil-rate band. This means estates valued below this amount are generally exempt from IHT. Above that, the tax is charged at 40% on the excess, which can feel like a lot, especially when you’re already dealing with the stress of probate.

But here’s the good news: there are reliefs and exemptions that can help reduce this bill significantly. For instance, transfers between spouses or civil partners are usually exempt from inheritance tax, which becomes especially relevant when the second parent dies. Additionally, there’s a residence nil-rate band that can further increase the threshold if a home is being passed to direct descendants.

How Does the Inheritance Tax Threshold Work?

Understanding the inheritance tax threshold is key to grasping how much tax might be owed. The basic nil-rate band is £325,000, as mentioned, but it can increase if you qualify for the residence nil-rate band, which was introduced to protect family homes.

This residence nil-rate band adds up to £175,000 (in the 2024/25 tax year), meaning that if you pass your home to your children or grandchildren, the combined threshold could be as high as £500,000 - or £1 million for a couple.

However, if the estate value exceeds these thresholds, the inheritance tax applies to the amount above the combined limit. It’s important to note that the rules around these thresholds and reliefs can be complex, and small mistakes could cost a lot in tax.

How to Avoid Inheritance Tax - Or at Least Reduce It

Avoiding inheritance tax entirely might sound like a pipe dream, but there are several legitimate ways to reduce the liability. Making use of exemptions like gifts made during your lifetime (provided you survive seven years after giving) can shrink your taxable estate.

Setting up trusts or leaving money to charity are other common methods. Charitable donations not only help causes close to your heart but also reduce your inheritance tax bill, as they are exempt from tax.

For parents especially, planning ahead is critical, as inheritance tax when the second parent dies can often be a surprise. Proper estate planning with the right legal advice can make a world of difference.

What Happens If There’s No Will? The Role of Intestacy Laws

When someone dies without a valid will, inheritance and intestacy laws come into play. These laws dictate how the estate is distributed, but importantly, they don’t affect the inheritance tax liabilities. The tax still needs to be paid on the estate's value above the threshold.

Navigating intestacy can be tricky, and it’s one of the reasons why we always recommend seeking trusted advice for probate procedures. Clear wills and careful planning avoid unnecessary complications and ensure your estate is passed on according to your wishes, with the tax implications fully understood.

When Does Inheritance Tax Need to Be Paid?

Inheritance tax is usually payable within six months of the end of the month in which the person died. If it’s not paid on time, interest charges can apply, which only adds to the burden.

Sometimes, part of the estate - such as property - can be used to pay the tax through a payment scheme, but this requires planning and communication with HMRC.

Why Professional Advice Matters

Inheritance tax is anything but straightforward. It intersects with estate planning, wills, trusts, and probate law, and one misstep can have costly consequences. At Ash Hill Solicitors, we provide tailored advice that fits your unique situation. Whether you’re planning ahead or managing an estate, our expertise ensures you understand your options and obligations clearly.

For those facing probate, our team offers trusted advice for probate procedures , helping you navigate the process efficiently while managing tax responsibilities.

Final Thoughts

Inheritance tax can seem like an inevitable part of passing on wealth, but with the right knowledge and planning, you can significantly reduce its impact. Understanding thresholds, exemptions, and the interplay with inheritance and intestacy laws allows you to make informed decisions for your family’s future.

If you’re unsure where to start or have questions about inheritance tax when the second parent dies, it’s wise to consult professionals. At Ash Hill Solicitors, we’re here to guide you through every step - making the complex simple and supporting you when it matters most.

How Much Does an Estate Have to Be Worth to Go to Probate in England and Wales?

Tue, 17 Jun 2025 14:13:36 GMT

Before we get into thresholds and pound signs, let’s get clear on what probate actually means.

Probate is the legal process that gives someone the authority to deal with a deceased person’s estate. That might include managing bank accounts, selling property, paying debts, distributing assets, and settling any outstanding tax. The person in charge is usually the executor, if there’s a will, or an administrator, if there isn’t.

But probate isn’t always required. And that’s where things get slightly murky – especially when trying to understand when, and why, an estate does go through probate.

We’ve broken it all down below.

So, How Much Does an Estate Have to Be Worth to Go to Probate in England and Wales?

There’s no fixed national threshold written into law. Annoying, we know. Instead, the threshold depends on the bank, building society or financial institution holding the assets.

Most institutions set their own internal probate thresholds – usually ranging from £5,000 to £50,000. Some are stricter than others. So while one bank may release funds under £15,000 without probate, another might insist on a Grant of Probate even for smaller sums.

As a general rule of thumb:

If the estate includes property, probate is almost always needed
If there are significant financial assets (bank accounts, shares, investments), probate may be required
If the estate is small, with no property and minimal cash, you might not need probate at all

But again, this isn’t a legal cut-and-dry situation – it comes down to who holds the money and what they require before releasing it.

What Counts Toward the Value of the Estate?

The total value of the estate includes pretty much everything the person owned in their sole name at the time of death, such as:

Property or land
Bank and savings accounts
Shares and investments
Vehicles
Personal possessions with significant value (think art, jewellery, etc.)

Jointly owned assets typically pass automatically to the surviving owner and don’t form part of the probate estate, though they still need to be valued for inheritance tax purposes.

And yes, debts are taken into account too – but the value of the estate for probate purposes is the gross value, not the net. So even if the person had debts, if they had high-value assets, probate may still be required.

When Is Probate Not Needed?

There are a few common scenarios where probate might not be necessary:

The estate is small (generally under £5,000 to £15,000 depending on the institution)
All assets are held jointly with a surviving spouse or partner
There’s no property involved
There’s a valid will, and the institutions involved are willing to release funds without formal probate

Sometimes families assume they always need to apply – but you might not. It’s worth checking with each organisation that holds money or assets, because the requirement is often driven by internal policy rather than a legal mandate.

Still, be cautious. It’s tempting to skip probate if it seems unnecessary, but if it turns out later that you need it (say, to sell a property), that delay can cause stress and added expense.

Is There a Risk in Skipping Probate?

Yes – if probate should have been applied for but wasn’t, executors or administrators could find themselves in legal hot water. Handling an estate without the correct legal authority might expose you to liability, especially if disputes arise or creditors emerge.

Even where it isn’t strictly required, having a Grant of Probate can offer protection and clarity. You know you’re the right person to act. You know the estate has been valued and assessed. You’ve got court authority to proceed.

We think of it like a seatbelt – sometimes it’s not strictly needed for a short journey, but it’s often still wise to wear one.

Inheritance Tax Doesn’t Equal Probate (But They Overlap)

One common point of confusion: inheritance tax (IHT) and probate are not the same thing. However, they’re connected.

If the estate is over the £325,000 nil rate band (as of May 2025), then inheritance tax may be due – and you can’t get a Grant of Probate until the IHT paperwork has been completed (and at least some of the tax paid).

In short: if inheritance tax applies, probate is likely part of the process too.

That said, even if the estate is below the IHT threshold, you might still need probate for access to certain accounts or to transfer property.

How Long Does Probate Take?

Short answer: it varies. But you’re likely looking at 8 to 12 weeks to get the Grant of Probate if everything is straightforward. More complex estates, disputed wills, or missing paperwork can drag things out.

And remember, probate is only the start. Administering the full estate – selling property, settling debts, distributing funds – can take several months or even over a year.

What Should You Do If You’re Not Sure?

You’d be surprised how often people are left in limbo after a loved one passes away, unsure whether to apply for probate, or even where to begin. That’s where specialist guidance really makes a difference.

At Ash Hill Solicitors, we offer legal support for managing estates in Harrow . Whether the estate is modest or complex, we help families navigate probate requirements, inheritance tax, and executor duties with clarity and care.

If you’re still unclear on how probate works, you may want to explore our guide: What is Probate: Everything You Need To Know

Final Thoughts

There’s no single figure that determines whether an estate must go to probate in England and Wales. It’s a mix of thresholds set by banks, the presence of property, and the value and type of assets involved.

While it can be tempting to guess or delay, the truth is: it’s better to know than assume. Even a brief conversation with a solicitor can save months of uncertainty.

Probate isn’t always needed, but when it is, it matters. And if you’re not sure where your situation sits, we’re here to help.

Do You Need Probate if There Is a Will?

Tue, 17 Jun 2025 14:12:27 GMT

It’s a question we hear often – do you need probate if there is a will? Many people assume that a will automatically means probate isn’t needed. In reality, it’s not quite that simple.

Having a valid will does help, of course. It makes the process clearer, often smoother. But it doesn’t remove the need for probate altogether. The key question isn’t whether there’s a will – it’s about what the deceased owned, how much it was worth, and how those assets were held.

So, let’s go through it properly.

What Probate Actually Does (With or Without a Will)

Probate gives someone the legal authority to carry out the wishes set out in a will – or, if there’s no will, to follow the rules of intestacy. That authority comes in the form of a Grant of Probate if there is a will, or Letters of Administration if there isn’t.

Even when the will names an executor, that person still needs the court’s formal permission before they can act on behalf of the estate. Probate is what makes that happen.

Think of the will as the instruction manual. Probate is the court’s stamp saying, yes, these instructions are valid, and this person has the right to follow them.

When Probate Is Likely Required – Even If There’s a Will

Having a will doesn’t always mean you can skip probate. You’ll likely need it if:

The deceased owned property or land in their sole name
There are substantial assets in their sole name, such as savings, shares or investments
A bank or institution asks for probate before releasing funds – many do, especially for amounts over £15,000 to £50,000
The estate includes complex financial arrangements (e.g. business assets, foreign investments)

Each case is different. Some banks are stricter than others. One may release £20,000 without a Grant of Probate, another may require it for £10,000. It’s frustrating, but that’s how it works.

If there’s any real value in the estate, or any property involved, probate is usually part of the picture – regardless of whether a will exists.

When You Might Not Need Probate

There are situations where probate might not be necessary, even with a will in place. For example:

If all assets were jointly owned, they typically pass automatically to the surviving owner
If the estate is very small – think under £5,000 – and institutions are happy to release the funds without probate
If the only assets were insurance policies or pensions that name specific beneficiaries

In these cases, the executor named in the will can carry out their role informally – because there’s nothing requiring legal authority to unlock.

That said, it’s still important to check with each institution before making assumptions. Some may ask for probate even for modest sums, particularly if they’re risk-averse or if the account’s been untouched for years.

Why Probate Still Matters – Even When You Think You Don’t Need It

Here’s the issue: without a Grant of Probate, you may not be recognised as the legal authority to act on behalf of the estate. That can slow things down. Sometimes, it can halt everything entirely.

Let’s say there’s a house to sell. If it was owned solely by the deceased, the Land Registry won’t allow the transfer without probate. Or maybe you’re dealing with investment accounts – again, those firms will often require formal documentation.

It’s also worth noting that probate protects you as an executor. Once granted, it confirms your legal authority and gives you a clear framework to work within. If disputes arise – and sometimes they do – it’s harder to challenge decisions made under an approved probate order.

So Why Write a Will at All, Then?

Some might be wondering – if probate is still needed, what’s the point of a will?

The answer is certainty. A will makes it much easier to get through the probate process. It tells the court who the deceased wanted to act as executor, and how they wished their assets to be divided.

Without a will, everything is handled under England and Wales’s intestacy rules – which may not reflect the person’s actual wishes. Family members might have to apply to become administrators, and distribution follows a strict formula.

A valid will doesn’t eliminate probate, but it makes the whole journey clearer and more manageable.

If you’re thinking about putting your own will in place, our expert advisors for will preparation can guide you through every step.

Do You Always Need a Solicitor for Probate?

No – not legally. But in practice? It depends on how complicated things are.

If the estate is large, if it involves property, multiple bank accounts, or inheritance tax… then yes, it’s often a smart move to get professional support. A solicitor can help you:

Navigate the paperwork
Avoid common delays
Ensure tax is calculated and paid properly
Deal with any disputes or unexpected issues

There’s also the peace of mind that comes from knowing everything’s being done correctly.

If you’re unsure where to start, take a look at our comprehensive guide to Probate – it covers the key steps, common pitfalls, and when to seek help.

Final Thoughts

Having a will doesn’t necessarily mean you won’t need probate. The two things are related – but one doesn’t cancel out the other.

The real question is about the assets. What’s in the estate? How is it held? What will the banks or institutions require before releasing it? That’s what drives whether probate is needed, not just whether a will exists.

At Ash Hill Solicitors, we work with families every day to help them understand their role, navigate the system, and manage the legal process with clarity. Whether you’re administering an estate or writing your own will, we’re here when you need us.

Intestacy Rules in England and Wales: A Comprehensive Guide

Tue, 17 Jun 2025 14:11:35 GMT

When someone dies without a valid will, their estate doesn’t just get divvied up at random. It’s distributed according to a fixed set of legal guidelines known as the intestacy rules. These rules determine who inherits what, in what order, and how much.

Sounds simple? Sometimes it is. But more often than not, it creates confusion, unintended outcomes, and (frankly) stress for the people left behind.

At Ash Hill Solicitors, we regularly speak to families who assumed they’d automatically inherit, only to discover the rules say otherwise. So, this guide exists to lay it all out plainly. No guesswork. No surprises. Just clarity.

Who Inherits Under the Rules of Intestacy?

Let’s start with the basics. If there’s no will, here’s how the estate is generally distributed:

1. Married or Civil Partner (With No Children)

The entire estate passes to the spouse or civil partner.

2. Married or Civil Partner (With Children)

The partner gets:

All personal possessions
The first £322,000 of the estate (as of May 2025)
Half of anything above that

The children share the remaining half equally.

Important to note: this applies to biological and legally adopted children only. Stepchildren are not included unless legally adopted.

3. No Partner, But Children

Everything is divided equally among the children. If any child has died, their share passes down to their children (i.e. the grandchildren).

4. No Partner, No Children

There’s a set hierarchy:

Parents
Siblings (or their children if siblings are deceased)
Half-siblings
Grandparents
Aunts and uncles (or their children)
Half-aunts and uncles

If no relatives are found at all, the estate goes to the Crown. It’s called bona vacantia – ownerless goods. Not the most romantic ending.

What About Unmarried Partners?

Here’s where things often get painful.

If you weren’t married or in a civil partnership – no matter how long you were together, no matter how joint your lives were – you have no automatic right to inherit under intestacy rules.

That’s the law. Even if you owned a house together, had children, shared finances. You may need to go to court to make a claim, often under the Inheritance (Provision for Family and Dependants) Act 1975.

It’s one of the strongest arguments for writing a will – especially if you’re not married but share your life with someone.

What Doesn’t Intestacy Cover?

Even when the rules are followed, they only apply to the estate – the assets owned solely by the deceased. Some things pass outside of these rules entirely:

Jointly owned property (like a home held as joint tenants)
Life insurance or pensions with named beneficiaries
Trust-held assets

These usually go directly to the surviving owner or named person. That said, they still count towards the total estate value for inheritance tax purposes, so it’s not a clean break.

Problems With the Rules of Intestacy

While the rules are clear, they’re also rigid. And life isn’t always so neatly defined.

Some of the issues we see most often include:

Stepchildren being excluded
Unmarried partners left out entirely
Family disputes over sentimental assets
Estates split in ways the deceased likely never intended
Minor children inheriting large sums without proper financial planning

It’s one of the reasons we always encourage people to think about putting a will in place – sooner rather than later. If you’re unsure where to start, our team offers practical guidance, including legal help for families with deputyship needs if a loved one’s capacity is also an issue.

Who Administers the Estate Under Intestacy?

When there’s no will, no executor is named – so someone has to step up. Typically, it’s the next of kin who applies to become the administrator of the estate. They’ll need to apply for Letters of Administration, which grant them legal authority to deal with the estate.

Their role is similar to that of an executor, but the path is a little longer, and the process can be more tightly scrutinised by the court – particularly where large estates or family tension are involved.

Can the Rules Be Challenged?

Short answer: yes – but it’s not easy, and not always successful.

Certain individuals, such as cohabiting partners, adult children, or anyone financially dependent on the deceased, can apply to the court for reasonable provision from the estate. These cases are assessed on need, relationship, and evidence – not just entitlement.

If you’re in a situation where this may apply, our team is available to help you navigate it. You might also want to read our guide on can a will be contested – much of the same thinking applies when trying to claim under intestacy.

Final Thoughts

The intestacy rules in England and Wales are strict, and while they provide a necessary structure, they’re not always fair – or reflective of what someone might have wanted.

They favour legal ties over emotional or practical ones, and they don’t allow for nuance. No adjustments for estranged siblings, no recognition of long-term partners, no flexibility for complex family dynamics.

Which is why we always say: don’t leave it to chance.

Writing a will isn’t just a formality. It’s how you make sure your voice is heard when you’re no longer here to speak. And if you’re already dealing with an estate affected by intestacy, Ash Hill Solicitors is here to help you understand your rights and options – and guide you through each step of the process with clarity and care.

Executor of Will: What Is It and How to Choose One?

Tue, 17 Jun 2025 14:10:41 GMT

When someone dies, their will sets out how their assets should be distributed. But the will doesn’t act alone. It needs someone to carry out its instructions. That person is called the executor of the will. So, what is an executor of a will, and how do you choose the right one?

Let’s walk through the basics.

What Does an Executor of a Will Do?

In short, an executor ensures that the deceased’s wishes are honoured. That includes everything from arranging the funeral (yes, often even that) to distributing assets according to the will.

Common responsibilities include:

Registering the death and obtaining multiple copies of the death certificate
Applying for probate (the legal right to manage the estate)
Valuing the estate
Paying off debts and taxes
Distributing assets to beneficiaries

Executors also need to keep records, deal with banks, handle property, and-depending on the estate-navigate some fairly complex admin. It’s not a ceremonial role. It’s work.

What Power Does an Executor of a Will Have in the UK?

In the UK, the executor’s legal powers kick in once probate has been granted. That means they can access bank accounts, sell property, and settle debts. Until then, their powers are limited.

It’s worth noting that executors have a duty to act in the best interests of the estate and its beneficiaries. They must be honest, organised, and prepared to make tough calls-especially if there’s any family tension (and let’s be honest, there often is).

Can an Executor of a Will Be a Beneficiary?

Yes, absolutely. In fact, this is quite common. Many people name their spouse, child, or a close friend as both a beneficiary and an executor.

That said, it’s crucial the person can stay impartial. If a dispute arises, someone who stands to gain from the will may find it difficult to appear unbiased-whether they’re actually biased or not.

Does an Executor of a Will Have to Sign Anything?

Yes. Executors will usually need to sign:

The probate application
Estate accounts and inheritance tax forms (if applicable)
Deeds of transfer or sale for property

In some cases, executors may also be asked to sign an executor’s oath or declaration. It depends on whether the application is being done online or through a solicitor.

How to Choose the Right Executor

There’s no legal requirement to choose a solicitor or professional-but for complex estates, it may be a smart move. Many choose family members, but here are some factors to consider:

Trustworthiness: This is a legal role with fiduciary responsibility. The person must act in the estate’s best interest.
Organisation: Admin is a major part of the job.
Availability: Settling an estate can take months (sometimes over a year). Will they be around and willing to commit?
Neutrality: If your estate includes multiple children, ex-partners, or blended families, a neutral executor might prevent future headaches.

Some people choose to appoint more than one executor, often a family member plus a professional, which can provide balance.

What Happens if You Don’t Appoint an Executor?

If a will doesn’t name an executor-or if the named person can’t or won’t act-the court may appoint someone. This is usually the main beneficiary, but it’s not guaranteed. The process can cause delays, so it’s far better to plan ahead.

And if you’re unsure how to begin that process, our guide on how to write a will is a helpful place to start.

Can You Decline to Be an Executor?

Yes. Being named doesn’t mean being trapped. You can renounce your role before probate is granted by signing a legal form. But once you start acting as executor-say, by paying bills or contacting banks-you may be legally considered to have “intermeddled,” and it’s harder to step down.

It’s always wise to speak to a solicitor first if you’re considering renouncing the role or think you might need help fulfilling it. There’s no shame in saying, “This is too much.”

When Should You Seek Professional Support?

Some estates are simple. Others are... not. If any of the following apply, you may want to seek professional advice:

There’s property abroad
The will is contested
There are complex tax issues
The estate is insolvent (i.e. debts outweigh the assets)

In such cases, having a solicitor involved can make the process far smoother-and legally safer. Our team at Ash Hill Solicitors offers professional guidance for Court of Protection issues too, in case someone loses capacity without an existing will or attorney in place.

Final Thoughts

Choosing an executor is about more than ticking a legal box. It’s about who you trust to carry out your wishes clearly, calmly, and with care. Think practically. Be honest about your family dynamics. And don’t assume someone will just “figure it out.”

If you’re ready to plan your estate properly, make sure your executor knows exactly what’s expected of them-and that they’re up to the task.

Writing a Will: A Complete Guide

Wed, 14 May 2025 14:15:48 GMT

Creating a will is one of the most important steps you can take to ensure your wishes are honoured after you pass away. Yet, despite its importance, many people delay the process — either because they assume it's only for the elderly, or because the idea of dealing with legal documents feels daunting.

At Ash Hill Solicitors, we understand that writing a will is about more than just ticking a legal box - it’s also about peace of mind, both for you and your loved ones. In this guide, we’ll walk you through what a will is, when and how to write one, the legal requirements you need to know, and common pitfalls to avoid. Whether you’re getting your affairs in order for the first time or revisiting an existing document, this guide is here to help.

What Is a Will and Why Do You Need One?

A will is a legal document that sets out how you would like your estate to be distributed after your death. Your estate includes everything you own — property, money, possessions, and even digital assets.

But a will is about more than just dividing up assets. It allows you to appoint executors (those you trust to carry out your wishes), nominate guardians for any minor children, and leave specific gifts to individuals or charities. Without a valid will in place, your estate will be distributed under the England and Wales rules of intestacy , which may not align with your wishes.

In short: if you want to control who inherits what, appoint trusted individuals to manage things, and make life easier for your loved ones during a difficult time — you need a will.

When Should You Write a Will?

There’s no “perfect age” to write a will. The right time is when you have something — or someone — worth protecting.

Many people write their first will when buying property, getting married, having children, or starting to build wealth. Others wait far too long. The truth is, if you’re over 18 and have any assets (or responsibilities), writing a will should be on your radar.

And it's not a one-time event. You should review and possibly revise your will after major life changes — marriage, divorce, births, deaths, or significant financial shifts.

Things to Consider Before Writing a Will

Before putting pen to paper (or instructing a solicitor), take time to think through the key elements of your estate and intentions.

Start by considering who you want to inherit your assets — and in what proportions. Do you wish to leave any specific gifts to individuals or charities? Are there vulnerable beneficiaries who may require a trust arrangement? You should also think carefully about who you want to act as your executor — the person or people responsible for managing your estate and ensuring your wishes are carried out.

It’s also wise to discuss your plans with those involved, particularly executors or guardians. These conversations can help manage expectations and prevent misunderstandings later on.

How to Write a Will

There are several ways to write a will. You can do it yourself using a will-writing kit or online service, but it’s important to understand that DIY wills carry risks — particularly if your estate is complex or your wishes are non-standard.

The safest option is to instruct a solicitor who specialises in wills and probate. At Ash Hill Solicitors, we can help you structure your will in a way that is legally sound, tax-efficient, and tailored to your circumstances. We’ll also ensure your will is stored securely and help you update it when your circumstances change.

If you're unsure where to start, don't worry — you don’t need to have everything figured out. A solicitor can guide you through each decision with clarity and care.

Legal Requirements for a Valid Will (England and Wales)

For a will to be legally valid in England and Wales, it must meet the following criteria:

It must be made voluntarily, without pressure from anyone else.
The person making the will must be 18 or over and of sound mind.
It must be in writing.
It must be signed by the person making the will in the presence of two witnesses.
The witnesses must also sign the will in the presence of the person making it (but they do not need to read it).

Witnesses must not be beneficiaries, or the spouses of beneficiaries — if they are, any gift to them will fail, even if the rest of the will is valid.

How to Update or Change Your Will

Life changes — and so should your will.

If you’ve moved house, had children, got married or divorced, or changed your mind about who should inherit your estate, it’s time to revisit your will. Even minor updates, like changing your executor, should be documented properly.

Never write directly on an existing will. Instead, you can either create a formal codicil (a legal document that amends your original will) or write a new will that revokes the old one. If your circumstances have changed significantly, it’s usually best to start fresh.

Common Mistakes to Avoid When Writing a Will

Unfortunately, many people don’t realise they’ve made mistakes in their will until it’s too late — and by then, it’s their loved ones who suffer the consequences.

Common pitfalls include:

Failing to sign the will correctly, rendering it invalid.
Using vague or contradictory language.
Leaving out essential details, such as what happens if a beneficiary dies before you.
Forgetting to update the will after a major life event.
Not accounting for all your assets — for example, assuming that jointly held property always passes outside of the will (it doesn’t, necessarily).

Even seemingly small errors can lead to delays, disputes, or unintended outcomes, which is why it’s always advisable to get expert help drafting your will to ensure your wishes are carried out as intended.

Final Thoughts

Writing a will is not something to put off indefinitely. It’s one of the most important things you can do to protect your loved ones and make sure your estate is handled in accordance with your wishes.

At Ash Hill Solicitors , our experienced team is here to guide you through the process with clarity, care, and legal precision. We take the time to understand your individual needs and provide bespoke advice to ensure your will is tailored exactly as you intend.

Contact us today for professional, compassionate support in preparing or updating your will. We're here to help — every step of the way.

How Long Does Probate Take?

Wed, 14 May 2025 13:55:37 GMT

Following the death of a loved one, families are often faced with the responsibility of administering the estate. Naturally, one of the most frequently asked questions is: how long does probate take?

While it would be helpful to provide a fixed timeframe, the reality is that probate can vary significantly depending on the specific circumstances of the estate. Factors such as the presence of a valid will, the size and complexity of the estate, and whether any disputes arise all influence the duration of the process. That said, there are general timelines and common causes of delay that can help you better understand what to expect.

What is Probate?

Probate refers to the legal process of dealing with someone’s estate after they pass away. If there is a valid will, the named executor applies for a grant of probate, which gives them legal authority to manage the deceased’s affairs. Where no will exists, a family member or other appropriate person can apply for letters of administration instead. Though the terminology differs, the role is largely the same: ensuring debts are settled and the estate is distributed to the correct beneficiaries.

The process involves identifying all assets, settling any outstanding debts or tax liabilities, and distributing what remains according to the will or, in cases of intestacy, the rules set out in law. It is a task that must be carried out with care, and often with professional guidance, to ensure compliance with legal obligations and timelines.

Average Timeline of Probate

In most cases, the probate process in England and Wales takes between nine and twelve months from the date of death to the final distribution of assets. The initial stages involve registering the death, locating the will, and valuing the estate. Once that groundwork is complete, the executor or administrator can submit the probate application.

At present, it typically takes between eight and sixteen weeks to receive the grant from the Probate Registry, although this can vary depending on demand and the completeness of the application. Once the grant has been issued, the process of collecting in assets, settling debts, and distributing the estate can begin. This stage can also take several months depending on how many organisations are involved, the responsiveness of banks and financial institutions, and whether property is being sold.

It’s important to note that delays are not uncommon. Backlogs at the Probate Registry, incomplete information, inheritance tax complications, or disputes among beneficiaries can all slow things down significantly.

Factors That Affect the Duration of Probate

Several variables influence how long probate will take in a given case.

For example, estates that involve property abroad, family-owned businesses, or complex financial arrangements typically require more time due to the need for specialist advice, multiple valuations, or international coordination. If there is no will, the process is generally slower due to the need to determine who is legally entitled to act and inherit.

Inheritance Tax (IHT) can also add significant time, particularly if the estate is near or above the threshold. Even where no tax is due, HMRC must still confirm this before the estate can be fully distributed, and in some cases, obtaining tax clearance can take many months.

Disagreements among family members or beneficiaries are another common cause of delay. Contested wills or disputes about entitlements may lead to litigation or mediation, both of which can prolong the probate process substantially.

How to Speed Up the Probate Process

While some delays are outside of your control, there are steps that can help ensure the process runs as smoothly as possible.

Providing accurate and complete information when applying for probate is essential. Instructing a solicitor experienced in probate matters can also be invaluable—they will be familiar with the procedural requirements, know how to avoid common mistakes, and often be able to pre-empt issues before they arise.

It’s also worth making use of professionals who can liaise directly with banks, pension providers, estate agents, and HMRC. This can save time and ensure that all required documentation is provided promptly. For a deeper understanding of the most common hold-ups and how to address them, you can read our guide on how to avoid delays in obtaining grant of probate .

Can Probate Be Avoided to Save Time?

In some cases, probate may not be necessary at all. This usually applies when the deceased held only jointly owned property (which passes automatically to the surviving joint owner) or had very few assets. However, most estates of any significant value will require some form of grant before banks or other institutions will release funds.

There are also ways to structure your estate during your lifetime that may reduce the need for probate later—such as using trusts or joint ownership arrangements. It is advisable to speak with a solicitor or estate planner to explore these options.

Final Thoughts

While probate can be a time-consuming and often emotionally difficult process, understanding the steps involved and the common causes of delay can help you navigate it with more confidence. Acting early, staying organised, and seeking legal advice where needed can make a meaningful difference in how smoothly things progress.

If you need expert legal assistance for probate concerns , we are here to help. At Ash Hill Solicitors in Harrow, our experienced probate team offers clear, compassionate, and efficient support throughout every stage of the process. Contact us today to arrange a no-obligation consultation and find out how we can support you.

What is Probate: Everything You Need To Know

Wed, 14 May 2025 13:17:13 GMT

Probate is a term that often arises during a deeply emotional and stressful time—after the death of a loved one. For many, it's unfamiliar territory. Understanding what probate is and how it works can provide clarity and reassurance when you’re suddenly responsible for managing someone’s estate. Whether you’re preparing for the future or handling a recent loss, this guide will walk you through the probate process and what it means for you.

What is Probate?

Probate is the legal process of administering a person’s estate after they die. This includes validating their will (if one exists), identifying their assets, settling any debts and taxes, and distributing the remaining estate to the correct beneficiaries. Essentially, it gives someone the legal authority to act on behalf of the deceased, ensuring that everything is handled in line with the law.

When people refer to the “probate of a will,” they are talking about this formal process. If there is no will, the estate is administered under the rules of intestacy. In either case, probate ensures the estate is managed correctly and fairly.

How Does Probate Work?

Once a person passes away, their estate cannot usually be distributed until probate is granted. The first step is to confirm whether there is a valid will. If there is, the named executor applies for a Grant of Probate. If not, a close relative or other appropriate individual can apply for Letters of Administration.

The executor or administrator must identify all of the deceased’s assets, including property, savings, pensions, and personal items. They will then arrange for a valuation of the estate, which is needed for both inheritance tax purposes and for financial institutions that may require confirmation of the estate’s value before releasing funds.

Once the estate has been valued, all outstanding debts must be settled. This can include funeral costs, utility bills, credit card debts, and any taxes due. Only after this step can the estate be distributed to the rightful heirs or beneficiaries.

If you are currently going through this process and need advice, our team provides dedicated legal support during estate administration to help you navigate each stage confidently.

Who Needs Probate?

Not every estate will require probate. It depends largely on the nature of the assets and how they were held. For instance, assets that are jointly owned often pass automatically to the surviving co-owner and may not require probate. Similarly, smaller estates with minimal financial holdings may be released by banks without the need for formal probate.

However, if the deceased owned property in their sole name, held significant savings or investments, or if there is any dispute among beneficiaries, probate will almost certainly be necessary. It is always advisable to seek legal guidance if you are unsure, as acting without probate when it is legally required can cause serious complications.

What is a Grant of Probate?

A Grant of Probate is a legal document issued by the Probate Registry. It confirms that the will is valid and gives the executor the authority to access the deceased person’s assets, pay off liabilities, and distribute the estate according to the will. Financial institutions, HMRC, and other parties often require this document before they will take any action relating to the estate.

If there is no will, or if the named executor is unable or unwilling to act, the process is slightly different. In those cases, Letters of Administration are issued instead, granting authority to a suitable next of kin.

Types of Probate and Their Differences

There are different forms of probate depending on the circumstances. If there is a will and an executor is named, a Grant of Probate is issued. If there is no will, the court issues Letters of Administration, which authorise someone—usually a close family member—to act as administrator of the estate.

A third possibility arises when there is a will, but no executor has been appointed or the appointed individual is unable to carry out the role. In such cases, the court may grant Letters of Administration with Will Annexed. While all three serve to give legal authority to manage an estate, the application process and the responsibilities involved can vary.

How Long Does Probate Take?

The length of time probate takes depends on the complexity of the estate and whether there are any complications. On average, it takes between six months and a year from the date of application. More complex estates—particularly those involving international assets, disputes between beneficiaries, or business interests—can take considerably longer.

The process can also be delayed by factors outside the executor’s control, such as delays at the Probate Registry or issues with missing documentation. However, recent changes to the probate system have aimed to improve efficiency. You can read more about the new probate procedure and how it might impact your case on our website.

Common Mistakes in Probate

Probate is a legal process, and mistakes—no matter how innocent—can have serious consequences. Common errors include misinterpreting the terms of a will, failing to accurately value the estate, overlooking debts, missing tax deadlines, and distributing the estate prematurely. Executors who fail in their duties may even be held personally liable for any financial losses to the estate or its beneficiaries.

This is why it is often advisable to engage a solicitor with experience in probate law. They can ensure that all legal obligations are met, the correct procedures are followed, and the estate is administered efficiently.

How to Avoid Probate

Some individuals choose to take steps during their lifetime to reduce the likelihood that their estate will go through probate. These steps can include placing assets into trust, holding property jointly, or designating beneficiaries on financial accounts such as pensions or life insurance policies.

While these measures may help, they are not appropriate in all cases and can carry tax implications if not structured carefully. For example, transferring assets or establishing trusts without understanding the inheritance tax rules may create unintended liabilities. We strongly recommend seeking legal advice before making changes to your estate plan.

Final Thoughts

Probate can be complex, but with the right support, it does not need to be overwhelming. Understanding the basics of the process—and knowing when to seek help—can provide both clarity and peace of mind.

At Ash Hill Solicitors , we offer experienced, compassionate legal assistance in all matters relating to probate and estate administration. Our team is based in North Harrow but serves clients across London and beyond. Whether you are administering a loved one’s estate or planning ahead for your own future, we are here to provide clear, professional guidance at every step.

To speak with one of our probate solicitors, contact us today for a free, no-obligation 20-minute consultation.

How is Jewellery Distributed Under a Will?

nasreen@ashhillsolicitors.co.uk (Nasreen Akhter) — Fri, 14 Mar 2025 22:23:01 GMT

Death of a loved one is a difficult and stressful time. Between grieving, making funeral arrangements and sorting through stacks of paperwork, dividing your loved one's assets can be a long and confusing process. When it comes to inherited jewellery, you may be asking yourself: who gets what? How should it be distributed and how can you value the individual items of jewellery?

Importance of a Will

Firstly, your personal gold and jewellery must be included in a Will, this will ensure that these items are bequeathed to the intended beneficiaries. This can be included by doing the following:

Detailed Description : Clearly describe each item of gold and jewellery in the Will. Include details such as type, size, weight, and any distinguishing features, or even marks. This will likely minimise confusion and disputes among beneficiaries.
Specific Bequests : Specify exactly who should receive each item. You can name individual beneficiaries for specific pieces or groups of items. For example, "I leave my gold necklace to my daughter, [Name]."
Residuary Clause : Include a residuary clause to cover any items not specifically mentioned. This ensures that any gold or jewellery not explicitly listed will still be distributed according to your wishes.
Appraisal and Valuation : Consider having the items appraised to determine their value. This can be useful for equitable distribution among beneficiaries and for estate tax purposes.
Storage and Security : Indicate where the items are stored and how they can be accessed.

The reality is that you cannot distribute jewellery equally amongst several beneficiaries as it would involve cutting each piece of jewellery into several pieces in order for it to be "equal".

Therefore, the more prudent approach is to specify the jewellery e.g. bracelet to son, diamond necklace to daughter, wedding rings to second daughter and everything else to sister.

If you do not have a Will in place, then your gold and jewellery, along with any additional personal possessions will be distributed via the rules of intestacy which could risk your belongings being distributed against your wishes. Here is a link to a government website that explains the rules of intestacy: https://www.gov.uk/inherits-someone-dies-without-will .

However, you may also like to be more flexible, as you acquire further pieces, or your family grows and expands. For instance, you may wish to pass some of your jewellery to your grandchildren. Therefore, making a letter of wishes may offer some flexibility when bequeathing specific pieces of jewellery.

What is a Letter of Wishes?

A letter of wishes is a document that accompanies a Will, providing guidance to the executors or trustees on how the testator would like their estate to be managed and distributed. While it is not legally binding, it serves as an informal way to express personal preferences and intentions that are not covered in the Will. Here are some key aspects of a letter of wishes:

Purpose : It offers additional context and instructions to the executors or trustees, helping them understand the testator's personal wishes regarding the distribution of personal possessions, such as watches or gold and jewellery.
Flexibility : Unlike a Will, a letter of wishes can be updated or changed without the need for formal legal procedures, making it a flexible tool for expressing changing preferences.
Confidentiality : It is usually kept private and is not part of the public probate process, allowing the testator to express personal thoughts and wishes without making them public.

One of the benefits for a Letter of Wishes is that you can update it during your lifetime, without the requirement to pay a professional to update your formal Will. Therefore, your jewellery, and other personal possessions can be bequeathed correctly to your children, grandchildren, and other family members as your circumstances change.

Please access our downloadable free gold and jewellery log: view here

Should you Value the jewellery?

It is crucial to accurately value jewellery during probate, in order to ensure the correct tax calculation is provided. Please see the government link below for further information on valuing a deceased’s estate: How to value an estate for Inheritance Tax and report its value: Estimate the estate’s value - GOV.UK .

During the probate process, jewellery is classed as a “chattel”, which refers to a personal possession or movable property. Chattels can encompass a wide range of items, such as furniture, vehicles, jewellery, and other personal belongings.

It is the duty of an executor to ensure proper records are kept of a deceased’s chattels, which will thereafter be distributed according to their Will and Letter of Wishes.

The executor should obtain approval from all the beneficiaries before disposing of any of the jewellery in case it has sentimental value for some of the beneficiaries.

It is also important for the executor to obtain professional valuations of the jewellery to ensure compliance with HMRC guidelines. You may be at risk of HM Revenue & Customs imposing penalties if assets are valued inaccurately. Here are the general categories of penalties imposed by the HMRC:

Careless Inaccuracy : If the inaccuracy is due to carelessness, the penalty can range from 0% to 30% of the additional tax due. Carelessness implies a lack of reasonable care in preparing the tax return.
Deliberate Inaccuracy : If the inaccuracy is deliberate, the penalty can range from 20% to 70% of the additional tax due. This applies when the taxpayer knowingly submits incorrect information.
Deliberate and Concealed Inaccuracy : If the inaccuracy is both deliberate and concealed, the penalty can range from 30% to 100% of the additional tax due. Concealment involves taking steps to hide the inaccuracy from HMRC.

Please see link to HMRC Inheritance Tax Manual for further information: IHTM36023 - Late accounts: penalties chargeable - HMRC internal manual - GOV.UK

Therefore, it may be prudent for the executor to contact an experienced jeweller and obtain expert appraisal.

Obtaining Valuation for a Will

It is recommended that you should obtain expert valuations on your gold when you write your Will. Here are some reasons why this is beneficial:

Accurate Distribution : Valuation ensures that the jewellery is distributed fairly among beneficiaries. Knowing the precise value helps in making equitable decisions, especially if the estate is to be divided equally.
Avoiding Disputes : Clear valuation can prevent disputes among beneficiaries over the worth of specific items, therefore, preserving the family harmony. It provides a transparent basis for distribution decisions.
Clarity in Will : Including the value of jewellery in the Will provides clarity and reduces ambiguity, ensuring that the testator's intentions are clearly understood and executed.
Tax Purposes : An accurate valuation is essential for calculating any potential inheritance tax liabilities. This helps in ensuring compliance with tax regulations and avoiding disputes with tax authorities.
Insurance : Knowing the value of jewellery can assist in obtaining appropriate insurance coverage, protecting the items from loss, theft, or damage.
Updating Values : Jewellery values can change over time due to market fluctuations. Regular valuations ensure that the Will reflects the current value of the items.

If you decide not to value your jewellery when make your will then at the very least, you should ensure that each piece is described accurately and that it is bequeathed to specific named beneficiaries.

Can family disputes arise about jewellery distribution under a will?

Sometimes, who gets what from a parent’s estate can become a source of friction and resentment, especially if a family member feels they had been “promised” a particular item or keepsake.

The chances are that you will have personal possessions that you’d like to be handed on to your family and friends when you die. For example, you may want family jewellery to go to your daughter, a watch to a cousin, or a bracelet to be given to a close friend. If that’s the case, it makes sense to record your wishes so that your executors can ensure they are followed.

Often it is the little things that cause conflict and dispute between family members, we would advise against assuming that things will simply sort themselves out when the time comes. At Ash Hill Solicitors when we draft your bespoke will we insert clauses to prevent dispute from arising in your family.

We encourage you to have open communication with your family before making your will. Although it might be a difficult conversation to have, there are clear merits to having an open discussion with other family members. Deciding as a family what should happen to personal possessions can help prevent future disputes.

Our advice is to have a ‘Letter of Wishes’ drawn up to be read alongside the Will. Arguably it is not appropriate for such (often quite personal) detail surrounding who should get what and why to be included within the Will itself, bearing in mind this is a document of public record once probate has been granted.

A Letter of Wishes provides an explanation for your beneficiaries to read and hopefully prevent conflict arising. When dealing with collections of things such as jewellery or memorabilia, it can make sense to keep a photograph together with a brief description, so that each piece can be clearly identified by your Executor when the time comes.

Cluttering a Will with details surrounding personal possessions and lists of particular items can also cause complications from an Inheritance Tax standpoint and is rarely a good idea. Over the years, the chances are that you’ll dispose of certain belongings and acquire new ones, which would mean you would have to consider updating your Will more often than you might feel necessary.

At Ash Hill Solicitors, we provide expert advice in drafting your Will and Letter of Wishes based on your personal circumstances.

Deathbed Gift

If a gift has been given by a person in anticipation of their impending death, certain conditions need to be satisfied. You can read more about deathbed gifts on our blog post: What is a Death Bed Gift?

Contact us

Call us today so that we can assist you in securing your jewellery: 02085152790 or visit our website for further information - https://www.ashhillsolicitors.co.uk/ .

What is a Death Bed Gift?

Tue, 25 Feb 2025 16:58:18 GMT

A deathbed gift is one made by a person in anticipation of their impending death. The principle of deathbed gifts (in legal terms known as ‘donatio mortis causa’) is long enshrined in law. It is important to be aware that for a deathbed gift to be valid, certain conditions must be satisfied.

Death bed gifts are open to abuse by the dishonest persons present at the time of donors death. They can also be very difficult to determine and are often open to challenge.

What makes Death Bed Gift valid?

For a Death Bed Gift to be effective the following listed criteria must be met:

The donor must make the gift in contemplation of his/her impending death.
The donor must have contemplated that his/her death is in the near future. It would not be enough for him/her to acknowledge that they will die ‘one day’ or ‘some day’.
The gift must depend on the person’s death and be revocable until then. In addition, if death due to the identified cause is not inevitable, the gift lapses if death does not occur due to that cause. Caution must be exercised to avoid confusion with lifetime gifts.
The person making the gift must relinquish control over the gift’s subject matter, whether that’s physical control or through means of access. This means that the donor must part with the gift or deliver it in some way to the donee; the donor must part with the property or the control of it. For example, if the donor wished to gift a car to his/her son; then the donor must hand over the actual car keys and registration documents.
Given the nature of the gift, it is understandable that it’s a requirement that the person making the gift has the necessary mental capacity to do so. However, the standard required depends on the nature of the gift. The more significant the gift, the higher the standard, with the test moving more towards the usual test for capacity to make a Will.

Can deathbed gifts be challenged in court?

The short answer is yes, death bed gifts can be challenged in court by the beneficiaries of the estate, creditors and other parties that may have an interest in the estate.

Rahman v Hassan and others (2024)

The England and Wales High Court (EWHC) has permitted the family of the late Al-Hasib Al Mahmood to appeal its decision in the significant deathbed gift case, Rahman v Hassan (2024 EWHC 1290 Ch), as reported by STEP.

Masudur Rahman, the claimant, asserted that his 82-year-old friend, Al-Hasib Al Mahmood, transferred all his UK assets to him during the week preceding his death in October 2020. Amid the second COVID-19 lockdown, Al Mahmood was unable to secure witnesses for a new will. His will writer, unaware of the temporary legislation allowing remote witnessing, received a text message from Al Mahmood revoking his 2015 will and naming Rahman as the sole beneficiary. This included several bank accounts, various chattels, and a registered house.

https://www.step.org/industry-news/ewhcs-approval-deathbed-gift-registered-land-be-challenged-appeal

The only living witnesses to these gifts were Rahman and his wife. Al Mahmood’s family, the original beneficiaries under the 2015 will, contested their validity. Nonetheless, the EWHC ruled that the gifts were valid donationes mortis causa (Rahman v Hassan, 2024 EWHC 1290 Ch).

We will have to wait for the appeal to be heard to have further clarity on the issues highlighted in this case.

https://casetracker.justice.gov.uk/getDetail.do?case_id=CA-2024-001926

Conclusion

It is clear that Death Bed Gifts are considered to be very much a ‘grey area’ of the law. Given that death bed gifts can be open to challenge by various parties and abuse by others. Many challenges to Death Bed Gifts end up before the Court for a decision to be made as to their validity. This is a very costly and time-consuming process.

Therefore, to avoid this uncertainty and stress for personal representatives and family members following the donor’s death, I would encourage anyone who is facing imminent death to speak to a Solicitor as a matter of urgency to make a Will that deals with their wishes (providing they have the capacity to do so).

If you would like more information, please contact us to day to make your will.

We can also do a home visit and / or hospital visit to take instructions for your will and complete the whole process of drafting your will quickly.

Contact Ash Hill Solicitors Today!

What Will Happen to Your Digital Assets if You Pass Away Suddenly?

nasreen@ashhillsolicitors.co.uk (Nasreen Akhter) — Mon, 20 Jan 2025 09:39:49 GMT

What will happen to digital assets if you pass away suddenly?

In today’s digital world, where most of us have multiple digital assets, it is important to put measures in place to protect these assets.

A digital asset refers to any asset which you own and may have stored in a digital format. Typically, digital assets are accessed via an online account run by a third-party provider such as Facebook, Google, Apple, or Amazon.

There are many examples of digital assets which you may own that are online. These are typically bank accounts, music libraries, email accounts, cryptocurrency, social media, gambling accounts, loyalty schemes, or sentimental photos and videos. Maintaining access to online accounts is essential for either financial or sentimental reasons. Thus, it is very important to plan what will happen to your online accounts when you pass.

How can digital assets be protected?

The tech industry is fast-paced and constantly changing, with new languages, frameworks, and tools emerging regularly.

You may have multiple online accounts on various platforms. For each online account, we recommend that you should review the terms and conditions you agreed to when creating the account. Each account is likely to have specific terms on which assets can be administered on death or if there is no activity on an account for a long period of time the account might be terminated.

We recommend that you should choose a digital executor to take over control of certain aspects of your account where the internet service providers (ISP) offer this facility. For example, Facebook allows you to nominate a legacy contact to turn your account into a memorial when you die. Google, on the other hand, allows you to nominate an Inactive Account Manager. This in turn allows the account to be closed or for the submission of requests for data from the account.

You should make note of the fact that some ISPs will permanently destroy your digital assets after a period of inactivity or upon notification of your death.

What will happen to your digital assets if you pass away without a will or have not mentioned the digital assets in your will?

If you currently have a Will in place that does not provide for your digital assets upon death, then these are likely to form part of the residue of your estate and will pass to your residuary beneficiaries.

If you don’t have a Will in place, then your digital assets will be distributed via the rules of intestacy which could risk your digital assets ending up in the wrong hands or being lost forever. Here is a link to a government website that explains the rules of intestacy:

https://www.gov.uk/inherits-someone-dies-without-will

What challenges will your relatives face when dealing with your digital assets?

Relatives often face several issues when dealing with a relative's digital assets after their death:

Access and Passwords : One of the primary challenges is gaining access to the deceased's digital accounts and assets. Without passwords or access credentials, it can be difficult to manage or close accounts. In order to remedy this administrative issue, it is important to keep a list of digital assets and login information in a secure place. Ideally, this should be alongside the will in a locked draw/safe. Furthermore, this should be updated regularly to avoid further issues. Such information should not be disclosed in the Will document as the Will becomes a public document once a Grant of Probate is obtained.

Identification of Assets : Identifying all digital assets can be challenging, especially if the deceased did not maintain a comprehensive list. Digital assets can be spread across various platforms and devices.

Ownership : Relatives performing the role of an Executor for the deceased’s estate will need to determine whether the deceased owned the object or if they had the required permission to utilise it during their lifetime. The information regarding the deceased’s ownership will likely be displayed in the terms and conditions of each digital asset.

Legal Authority : Relatives may need legal authority, such as a grant of probate, to manage or transfer digital assets. This can be complicated if the deceased did not leave clear instructions or if the digital service providers have strict policies.

Service Provider Policies : Different service providers have varying policies regarding the transfer or closure of accounts after death. Some may require specific documentation or legal processes.

Privacy Concerns : There may be privacy issues related to accessing the deceased's digital communications or personal data, which can complicate the process.

Valuation and Transfer : Determining the value of digital assets, such as cryptocurrencies or digital art, and transferring them to beneficiaries can be complex and may require specialist knowledge.

Legal and Tax Implications : There may be legal and tax implications associated with inheriting digital assets, which can vary depending on the type of asset and jurisdiction.

How can we help you plan ahead to protect your digital assets?

At Ash Hill Solicitors, our experienced solicitors specialise in all areas of estate planning and Wills. We can assist in planning your digital legacy by providing comprehensive legal guidance and support in several key areas:

Identifying Digital Assets : We can help you identify all your digital assets, including online accounts, digital currencies, and intellectual property, ensuring nothing is overlooked.

Drafting Legal Documents : Our team can draft or update your will to include specific instructions for the management and distribution of your digital assets, ensuring these are legally binding and clear.

Appointing a Digital Executor : We can assist in appointing a digital executor, who will be responsible for handling your digital assets according to your wishes.

Access and Security : We can advise on secure methods to store access information, such as passwords and encryption keys, ensuring that your digital executor can access your assets when needed.

Compliance with Laws : Our experienced solicitors ensure that your digital legacy plan complies with relevant laws and regulations, including data protection and privacy laws.

Regular Updates : We are able to help you regularly update your digital legacy plan to reflect changes in your digital assets or personal circumstances.

Dispute Resolution : In the event of disputes over digital assets, our team can provide legal representation and advice to resolve issues effectively.

By working with Ash Hill Solicitors, you can rest-assured your digital legacy is managed according to your wishes, and that your digital assets are protected and transferred smoothly to your beneficiaries.

Please access our downloadable free digital assets log: Click Here

Further information

The draft Property (Digital Assets etc) Bill proposes that digital assets can be the object of property rights in England and Wales. Please see the link below for further details: https://www.lawsociety.org.uk/topics/private-client/property-digital-assets-etc-bill

Contact us

Call us today so that we can assist you in securing your digital assets: 02085152790

or visit our website for further information https://www.ashhillsolicitors.co.uk/ .

What is a Lasting Power of Attorney?

nasreen@ashhillsolicitors.co.uk (Nasreen Akhter) — Thu, 22 Feb 2024 11:50:30 GMT

A Lasting Power of Attorney is an important legal document that lets you choose who would make decision on your behalf if you were unable to do so due to a sudden accident, illness, or long-term health issues. There are two different Lasting Powers of Attorney, one covers decisions regarding Health and Welfare and the other Property and Finance.

The person for whom the Lasting Power of Attorney is created is called the donor and the people (or persons) nominated to make decision on behalf of the donor are called attorneys.

How do I decide who to appoint as my attorney(s)?

An attorney can be a relative, friend, spouse or civil partner, your child or even a professional. Ideally, they should be individuals who know you well and most importantly to appoint people who you trust.

It is always useful to have more than one attorney as this allows checks to be put in place and provides reassurance to you and other members of the family. You can specify what decisions you are happy for your attorney(s) to make on your behalf.

You can decide if your attorney(s) must act jointly on all matters or whether they can also act individually (severally).

An LPA ensures that, should you be unable to manage your own affairs, the people you have appointed can manage your financial life on your behalf. This can save a great deal of money and will ensure that as a vulnerable person your affairs will be handled correctly.

Risks of not having an LPA

If you lose mental capacity without an LPA in place, your family must apply to the Court of Protection to have a deputy appointed to deal with everyday financial matters. This is a slow and expensive process. Contact us today for a free no obligation chat: www.ashhillsolicitors.co.uk

Our Power of Attorney solicitors can help and guide you through this process to make sure your forms are correctly and accurately completed.

Why Are There Delays in Obtaining Grant of Probate and How to Avoid Them?

nasreen@ashhillsolicitors.co.uk (Nasreen Akhter) — Tue, 09 Jan 2024 09:21:12 GMT

Bereaved families in the UK are facing a significant financial burden as probate delays continue to accumulate significant costs and unpaid taxes, adding to the distress and emotional strain during an already difficult time.

https://committees.parliament.uk/committee/102/justice-committee/news/198600/justice-committee-launches-new-inquiry-into-probate-amid-concerns-over-delays-and-consumer-protection/#:~:text=The%20waiting%20time%20for%20probate,take%20at%20least%20nine%20months.

The waiting time for probate almost doubled from April 2022 to April 2023, with reports citing cases of probate taking more than eleven months and practitioners advising clients that probate will take at least nine months.

Whether using online systems or the traditional paper process, applicants can now expect a lengthy wait of up to four months or more for probate to be granted. The backlog, a long-lasting result of the challenges created by the Covid pandemic, currently stands at around 40,000 applications, and shows no signs of improving, leaving many families uncertain of when or how they can find a resolution.

What problems are caused by Probate delays?

Delays in settling an estate can have serious financial consequences for beneficiaries. Here are some important things to consider:

If Inheritance Tax is owed, the first payment must be made within the first six months after the death. HMRC will not issue a receipt to the Probate Registry until payment is received - https://www.gov.uk/inheritance-tax
After six months, HMRC applies interest to any remaining balance - https://www.gov.uk/government/publications/rates-and-allowances-inheritance-tax-thresholds-and-interest-rates
Properties with monthly service charges can incur additional costs due to delays.
Vacant properties may require special insurance coverage.
Waiting for probate to be granted can prolong the process of selling a property, potentially discouraging buyers.

Having a current Will in place should help to ensure a smoother and more efficient probate process.

How can these problems be solved?

HMCTS is actively exploring various methods to enhance the efficiency and speed of its service. This includes a focus on improving IT systems and reducing paper applications. Digital applications, on average, are processed in less than half the time it takes to process paper applications.

However, irrespective of the application method chosen, gaining a Grant of Probate will always involve a significant amount of legal, tax, and administrative work, which can be time-consuming, and complex by its very nature. As such it is always wise to enlist the support of a probate specialist should you want to minimise the risk of complications causing a stoppage or compounding the existing processing delays.

Call us today for a free no obligation chat.

Government announcements to changes in visa rules to take effect in Spring 2024

nasreen@ashhillsolicitors.co.uk (Nasreen Akhter) — Tue, 02 Jan 2024 11:12:56 GMT

On 4 December 2023 the UK government announced tougher visa rules to cut net migration.

The current salary required for skilled overseas workers is £26,200, however proposed changes mean this is to increase to £38,700. James Cleverly, the Home Secretary said that 300,000 people who were eligible to come to the UK last year would not be able to in future. Furthermore, the gross annual minimum income requirement for family visas has also risen from £18,600 to £38,700.

The home secretary believes there has been an ‘abuse’ of health and care visas for years and has now planned to make it ‘fair, legal and sustainable.’

The sharp increase in net immigration (difference between those entering and leaving the UK) has led to a political challenge for Mr Sunak and the conservatives who have promised on many occasions to bring this number down since 2010.

In addition to the new salary requirements, the government said they would:

Ban care workers bringing family dependants to the UK
End companies being able to pay workers 20% less than the going rate for jobs on a shortage occupation list
Increase the Immigration Health Surcharge which foreign workers pay to use the NHS from £624 to £1,035
Raise the minimum income for family visas to £38,700, from £18,600 from next spring
To further review the graduate visa route to "prevent abuse"

These changes are likely to take effect in spring 2024. The government's changes to the minimum income for family visas mean that people may be blocked from bringing their relatives to stay in the UK under certain circumstances.

If you have an issue and require assistance, then Ash Hill solicitors is happy to help and advise further. Please call our immigration solicitor on 02085152790.

What is the Court of Protection?

Thu, 04 Aug 2022 09:56:16 GMT

The Court of Protection is a specialist court that makes decisions about the property; finances; and personal welfare of those who lack the mental capacity to take decisions themselves.

The role of the Court of Protection is to make decisions for people about their money, property, health or welfare.

You can find more information about the Court of Protection here:

https://www.gov.uk/courts-tribunals/court-of-protection

Why can’t my next of kin make decisions for me?

This is a common question, however, the phrase ‘next of kin’ is often used but has no legal status in relation to financial decisions. The only person able to manage your finances, if you lose the capacity to do so for yourself, is a court-appointed deputy or attorney acting under a registered lasting or enduring power of attorney.

Our specialist and highly experienced Court of Protection solicitors are here to help and support you at an often difficult and stressful time in your life.

As Court of Protection solicitors, we support families dealing with such circumstances and are sensitive to the dynamics that this may create within the family. Where there is dispute within the family, we can also handle litigation in the Court of Protection. Whatever the situation, we will do our best to help you.

What is a Court of Protection Deputy?

A deputy is someone appointed by the Court of Protection to deal with the property and financial affairs of a person who lacks the mental capacity to do so themselves.

If your loved one is in such circumstances, you will need to make a deputy application. A deputy application is made to the Court of Protection. The person(s) named as deputy/deputies is/are chosen by the Court of Protection and not by the donor and, accordingly, could be someone the donor would not ordinarily choose to make such decisions.

Who can be a Deputy?

A deputy must be at least 18 years old. It could be a family member or a friend. It can also be a professional person such as a lawyer. In complex cases, particularly those involving large sums of money, the Court may prefer to appoint a professional deputy. If you don’t know anybody that is able, suitable, or willing to act as deputy, Ash Hill Solicitors could apply to the Court of Protection to be appointed.

What’s the difference between a Property and Affairs Deputy and a Personal Welfare Deputy?

A deputy for property and affairs can make decisions about financial matters, such as paying bills or buying services; whereas a personal welfare deputy can make decisions about health and welfare matters; such as deciding where someone lives and the care and treatment they receive.

It is rare for the court to appoint personal welfare deputies and it will only do so in the most difficult cases. If there is a dispute about a health and welfare decision the court will usually make the decision itself rather than appoint a deputy to make the decision.

What is ‘incapacity’?

The law presumes that everyone has the capacity to make a decision unless it can be shown otherwise. An assessment of capacity (on form COP3) by a qualified practitioner must accompany the deputyship application, so the court can decide whether the person lacks capacity to make certain decisions for themselves.

In the legal context mental capacity is the ability to make decisions. Examples of the situations in which it might be particularly important to establish a person's mental capacity include when in relation to making a will, undertaking lifetime giving or making a lasting power of attorney. Establishing mental capacity (or incapacity) might also be particularly important in relation to decisions about an individual's physical well-being, including about the medical treatment he/she is to receive. It might also be relevant in relation to more humdrum decisions about an individual's everyday activities and lifestyle. The test of mental capacity here is a legal test rather than a medical test or diagnosis. And what is important in assessing mental capacity is to focus on the processes by which a decision is made, rather than on the decision itself.

Here is some useful information about Mental Capacity Act:

https://www.mind.org.uk/information-support/legal-rights/mental-capacity-act-2005/about-the-mental-capacity-act/

Will the Deputy have to show their fitness to act?

The court will require the proposed deputy to complete a deputy’s declaration (COP4) to ensure they are financially sound and understand their responsibilities as deputy.

How does the Court of Protection decide whether a Deputy should be appointed?

The court will decide whether the person lacks capacity and what sort of decisions the deputy will need to make. This will be set out in a court order.

What powers will the Deputy have?

Only those which are set out in the court order. The deputy will usually be allowed to:
deal with any income, and to pay any bills and debts;
deal with any cash assets, e.g. bank and building society accounts;
manage or sell property;
make small gifts on special occasions such as birthdays; and
deal with any capital assets and make any investment decisions.

Does the Deputy have complete control over the person’s affairs?

No, the deputy can only do what it says in the court order. They must also work within the rules set out in the Mental Capacity Act 2005 and the Code of Practice that accompanies this Act.

How long will it take?

It can take 5 to 8 months for a deputy to be appointed, although recently the applications are being severely delayed. It often takes even longer if the court needs more information to decide the application. To avoid delay, it is important that all of the forms are completed properly, and the court is given all the relevant information at the outset.

In very urgent cases, it is possible to ask the court to grant an interim order, for example to access funds to pay debts.

Are Deputies supervised?

Deputies are supervised by the Office of the Public Guardian (OPG), and the deputy must send a yearly report to the OPG explaining what decisions they have made and accounting for the money they have spent. The deputy can instruct a solicitor or accountant to prepare the annual report on their behalf.

We hope that this blog has answered some of the most common questions, however, if you have any specific questions, please do get in touch with our Court of Protection team to discuss your options and receive expert advice.

WAYS IN WHICH WE CAN ASSIST

Court Of Protection
Lasting Power of Attorney
Probate & Administration of Estates
Making a Will
Trusts

Call us today on 0208 515 2790

New Probate Procedures Streamline the Process

Mon, 07 Mar 2022 09:20:00 GMT

Finally, the probate process is slowly being modernised! It has become even more important to engage the services of an expert to assist you

The process of applying for a Grant of Probate has been the same for years, however, it is now gradually being modernised by the UK government. Initial changes started to be introduced in May 2020 with a move away from the requirement to complete an Oath, which then changed to a Statement of Truth, and is now a PA1P/A form. The latest update, however, is the first step in digitising the whole application process.

The probate process has always historically been hard copy based: paper forms, “wet” signatures (i.e. signed using a pen) and documents sent in the post to the HMRC and the Probate Registry. Now however the Probate Registry is accepting forms with digitised signatures and is also allowing key documents to be uploaded via a website portal. This service has been available to probate professional users since 2019, and indeed is now mandatory for straightforward applications, but as of 2020 it can be used for personal applications too.

We welcome these rolling changes since it makes the whole probate process better fit for purpose and we’re big advocates of paperless solutions wherever they’re appropriate. We believe that this is just the beginning and that in the future more parts of the process will be available online whilst still providing the necessary safeguards.

Does the new process apply for every Grant of Probate application?

Sadly, no. When the online process works, it does work really well and many of our clients have already benefited from the small efficiency improvements in terms of speedily settling the deceased’s estate (the average wait time for a Grant of Probate is now three to five weeks if there are no issues), keeping costs down, and being able to move on from their bereavement. But it's worth noting that the changes apply only to the most straightforward of estates, i.e. “excepted” estates where there is no inheritance tax to be paid (see below).

The Grant of Probate application process still requires care, and in many cases, specialist knowledge of wills, intestacy (i.e. when someone dies without a will) and consideration about potential inheritance tax liability will still be essential. Higher-value matters involving more complex assets and/or family dynamics will continue to require both detailed reporting and sophisticated, sensitive, and strategic professional advice. These types of applications are generally still made on paper.

What has changed with probate applications?

Until now, executors of estates that met certain qualifying criteria and therefore fell into the “excepted” category were required to prepare and submit a short-form IHT return - referred to as a “Return of Estate Information” or form IHT205 - to the Probate Registry when making an application for a Grant of Probate.

But now for deaths occurring on or after 1 ^st January 2022, it will no longer be necessary to file a short-form IHT return. The executors will now only need to make a declaration to confirm the value of the estate as part of the online application for probate.

For deaths on or after 1 January 2022, an estate is usually an excepted estate if any of the following apply:

Its value is below the current Inheritance Tax threshold
The estate is worth £650,000 or less and any unused threshold is being transferred from a spouse or civil partner who died first
The deceased left everything to a spouse or civil partner living in the UK or to a qualifying charity and the estate is worth less than £3 million (search the charity register for registered UK charities)
The deceased was living permanently outside the UK (a “foreign domiciliary”) when they died and the value of their UK assets is under £150,000

The most recent key amendments to these criteria are:-

The upper limit of the estate’s gross value has increased from £1 million to £3 million
The limit on trust property within the estate has increased to £1 million (previously it was necessary to file a longer return where there was trust property worth more than £150,000). In addition, chargeable trust property’s value is limited to £250,000
The limit on lifetime gifts in the seven years before death has also been increased from £150,000 to £250,000
For low value excepted estates, the limits on the value of both trust property and lifetime gifts have been increased to £250,000 (from £150,000)

However, the new regulations have introduced two further requirements. To further qualify as an excepted estate, the deceased must not have:

Held an indirect interest in UK residential property; and/or
Made any lifetime gifts of over £3,000 in any one year, during the seven years before death

Your responsibilities as an executor haven’t changed

When you take on the role of executor of a person’s estate, you have a duty of care to check the value of the estate against all these rules and make the appropriate representations to the Probate Registry.

You still need to accurately interpret the will, assess all the estate’s liabilities and debts correctly, distribute money to the beneficiaries in a timely manner, and submit the correct forms to the Probate Registry. Yes, having an online portal makes life a little easier, but in some cases that may only mean that errors get spotted sooner and your application will be rejected even quicker.

Plus not everyone is confident about using new technology, and many people, especially the elderly, still find the whole process complicated and confusing. Ash Hill are experienced family lawyers , we have many years of dealing with probate matters, and as members of Solicitors for the Elderly we have the additional skills required that enable us to work with older and more vulnerable clients.

So as welcome as a more streamlined probate process is, before you’re tempted to “go it alone” in applying for probate and administering an estate, you should make yourself aware of the duties you owe to HMRC regarding tax and to the beneficiaries - and the consequences of making mistakes. You may find that solicitors fees are a lot lower than you may have anticipated, and the peace of mind that comes with knowing that your application is in the hands of an SRA ( Solicitors Regulation Authority ) registered professional is priceless.

We would be happy to have a 20-minute free initial discussion about any probate or estate planning issues that you may have. Please contact us today .

Dealing With Finances in a Divorce or Relationship Breakdown

Tue, 25 Jan 2022 17:05:31 GMT

Why a 50/50 division of financial assets is just a starting point

While we’d all love to believe in happily ever after, statistics show that a high percentage of marriages will end in divorce. When you also add the number of cohabiting couples who split up, there is a very real need to address the issue of the division of financial assets from any long-term relationship.

The emotional impact of a relationship breakdown is difficult enough to deal with. Even where the split is mutual and amicable, there will inevitably be some major changes involved, such as potentially moving out of the home that you shared and dividing up your finances.

Due to a number of high-profile cases, England has gained something of a reputation as being fairly progressive when it comes to matrimonial law and the financial aspects of divorce and separation settlements . Although the principle is that the court will aim for a 50/50 split of assets in accordance with the Matrimonial Causes Act 1973 , in fact there is no set formula to apply when calculating financial settlements, and these can vary significantly depending on the specific circumstances of each case.

How you may be protected from losing out in a divorce settlement

There is still a perception of imbalance where one partner (often the woman) has given up work to raise a family and build a home, so becoming financially dependent on the other partner. But in reality, judges have a wide discretion to divide assets in a way that achieves a fair outcome. It doesn’t automatically follow that the higher earning partner will get the lion’s share of the financial settlement.

Divorce courts must consider several factors, including the income and financial needs of each party, the family’s standard of living before the marriage began to collapse, and whether there are any children. In terms of income, if either party has a high earning potential for the foreseeable future, then this will be an important consideration. Property and other financial assets are also included in the calculation.

One judge even coined the phrase “relationship-generated disadvantage” where, in a landmark divorce case ( R C v JC ), he awarded the wife an additional financial settlement by way of compensation for her loss of career. In another case ( White v White ) the judge awarded a settlement that “reflected the wealth of the parties, and not just their needs and requirements.” This decision emphasised that a judge should not make any presumptions of equality, but should ensure "the absence of discrimination", for instance, between a wage earner, and a child-carer, thereby recognising the non-financial contribution of the parent caring for children.

The law also applies to civil partnerships, who have the same rights as married couples when it comes to divorce matters, if they have been in the partnership for a year or more. The process for dissolution of a civil partnership is also very similar to the process for a divorce, which includes the distribution of financial assets.

Pre- and Post-Nuptial agreements can make things easier

If you’re entering a marriage or civil partnership where there is a significant disparity in either income or capital, or where there are children from an earlier relationship, we suggest you consider drawing up a pre-nuptial agreement . This is a legal agreement that sets out how assets should be divided between a couple in the event of a divorce. It can include your rights regarding property, income, debt and other assets acquired individually (such as an inheritance) or together (such as joint purchases).

Cohabiting couples that separate: no such thing as “Common Law Marriage”

If you are cohabiting things may not be as straightforward if you decide to separate. Even though it’s common to live together and not get married these days, there is a lot of misconception over financial rights when cohabiting.

For example, there is no such thing as “Common Law Marriage” – that is a myth. It categorically isn’t the case that couples who cohabit automatically have the same legal and financial rights as those in a marriage or civil partnership.

If you are living as an unmarried couple you have less rights, unless you have outlined your wishes in a cohabitation agreement . A cohabitation agreement can set out how you'll divide your finances if you separate, including joint bank accounts, your home and any other assets. However, without an agreement, an unmarried person’s rights in relation to property and assets are significantly affected. Furthermore, there can be serious consequences if there are children from the relationship.

If there are no children, the starting point is that neither party will have any ongoing financial obligations towards the other; they will be able to keep whatever assets or income they have in their sole name. Unmarried couples do not have the right to claim capital or maintenance against the other, irrespective of how long they have been together. A separating unmarried couple will ordinarily divide any assets held jointly in accordance with their legal ownership, then go their separate ways with no further financial obligations.

Where there are children from the partnership, one parent can make an application under Schedule 1 of the Children Act 1989 for a lump sum, settlement or transfer of property order. However, since the law is that the cohabitant herself (it is still often the mother making the claim) has no claims in her own right, any capital which is awarded to purchase a property where her and the children will live is likely to be held in trust until the child’s majority or the end of full-time education, whereupon the capital sum will revert to the payer (the other parent).

So if you are cohabiting, or planning to cohabit, we strongly advise that you consider a cohabitation agreement . While it may momentarily take some of the romance and excitement out of your decision to live together, it will give you both a clear understanding of your legal position and how your assets will be handled should the relationship break down.

Child Contact Agreements

If there are children of the relationship upon separation or divorce, then we can assist in securing an amicable contact agreement . We believe that it is important to ensure that your child or children feel stable, safe and secure during the divorce or separation process. So we will work with you to reach the best child contact agreement for everybody involved.

It’s more than likely that the child or children will live primarily with one parent and the other will maintain ‘contact’ at regular, pre-arranged intervals, for example, at weekends. If the break-up is amicable this can be arranged quite easily, however, if there is animosity between the parents then arranging future child contact agreements can often end up going to court.

Every situation is different, and your family needs to make some important decisions. Whatever your feelings, it’s vital to put your child’s needs first. These needs will vary depending on their age, health, abilities, life and family experiences and their personality.

Our specialist family solicitors recognise that the best outcome is one where everyone agrees on the contact arrangements. If you want to know more about your rights in this regard, need help with child matters, or want advice on whether a current agreement is legally sound, then please contact us .

What to do if you believe your relationship is over

We are experienced in family legal matters, so our first advice to you is this:-

Do not sign anything until you have obtained legal advice

It’s essential that you get legal advice and secure the services of a specialist in family law before you make any arrangements or agreements with your ex-partner, either verbally or in writing.

Our second suggestion is that you engage in mediation . Divorce law is complicated and expensive (especially now that there is limited legal aid funding) and the process can be protracted with many hurdles to jump over. This can bring its own share of suffering, especially if there are children involved.

We can put you in touch with accredited family mediators . With divorcing couples, the mediator’s role is to help both parties identify, negotiate and come to a mutually acceptable agreement on the various issues and financial matters required to end their marriage without the need to go to court.

Mediation ensures that you – with your soon-to-be- ex-spouse or partner – will have full control over the divorce agreement and decisions you make.

If however, all other options have been exhausted, then rest assured we will uncompromisingly pursue your divorce settlement through the courts so that you are awarded your full rights under the law, financially and otherwise.

At Ash Hill Solicitors we specialise in all matters relating to family and divorce law and would be happy to have a 20-minute free initial discussion about any issues that you may have. So if you are considering a divorce, please contact us today.

British Citizenship of Millions of People Could be Jeopardised by a New Law

Thu, 23 Dec 2021 10:36:36 GMT

Concern grows about a UK Bill that allows individuals to be stripped of their citizenship without notice

When it seems we were all looking the other way, a new clause was quietly added to the UK government’s Nationality and Borders Bill which could have far reaching consequences for millions of UK citizens.

Clause 9 of the bill, “ Notice of Decision to Deprive a Person of Citizenship ”, was added in November 2021 just before it’s third and final reading in the House of Commons. This clause exempts the government from having to give notice to any individual that they are being immediately stripped of their British Citizenship. The government wants the right to invoke this clause on practical grounds or if it’s in the interests of “national security, diplomatic relations or otherwise in the public interest”.

In essence, if this Bill passes into law, the authorities will not have to alert individuals that they have just been stripped of their nationality.

Currently the Home Office has to make some effort to contact such individuals beforehand: Clause 9 effectively removes this requirement.

The Bill has now cleared the House of Commons and – at the time of writing – is due for its first reading in the House of Lords in January 2022.

What does the Clause 9 amendment of the Nationality & Borders Bill mean?

The new powers are exceptionally broad and indeterminate. They would also appear to be capable of being applied retrospectively to cases where an individual was stripped of citizenship without notice before the clause became law, raising questions about their ability to appeal.

Of course Deprivation of Citizenship by the Home Office is nothing new. The Nationality, Immigration and Asylum Act passed in 2002 enabled the government to strip someone of their British citizenship provided they had another nationality. Since 2006, the British Home Secretary has had the power to deprive dual nationals of their British citizenship if doing so is "conducive to the public good."

In 2014, these powers were extended to include foreign-born British citizens without dual nationality, so long as the government believes they are eligible for foreign citizenship and if they have acted "in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory."

Shamima Begum is perhaps the highest-profile case of the law being enacted in this way. Begum was born in the UK as a British citizen on the basis of her parents’ immigration status. She left the UK at age 15 and travelled to Syria to join an extremist group. She wants to return to the UK having rejected Islamic extremism, but she was stripped of her citizenship by the then Home Secretary Sajid Javid who cited national security grounds as the reason.

Begum is not alone. The UK has had a recent, significant rise in citizenship deprivations . Between 2006 and 2018, 175 people lost their citizenship on national security grounds – but 100 of those instances occurred in just one year, 2017. Most have taken place when the British citizen is already overseas, so they would be unlikely to know about cancellation orders and would find it difficult to appeal.

Will you be impacted?

Even if you were born in the UK of immigrant parents, have previously been given legal British Citizenship, or have dual citizenship, or have married a British Citizen under a Spouse Visa and subsequently been granted British Citizenship, it could all be taken away by the UK Government, without notice, and potentially with a limited right of appeal.

The decision would be placed in your Home Office file, and you would only get to hear about it when, for example, you apply to renew your UK passport, or when you try to re-enter the UK after a trip abroad.

Setting a precedent

We are troubled by this new law on several fundamental levels, and not just as specialist Immigration lawyers , but as functioning and contributing members of the human race.

We believe that citizenship isn’t a privilege dependent on ministerial whim, but a status on which legal order is built.

The government has been reticent on defining what they mean by “in the public interest”. Could that include displeasing the government of the day in some tenuous way, even if no crime is committed and no law is broken?

In a pivotal House of Lords judgment on notice in 2003 , Lord Steyn said that “surprise is regarded as the enemy of justice”. He also stated that fairness is the guiding principle of our public law, and that fairness requires that a decision takes effect only upon communication .

So our next question is this: how can a person challenge a decision that they do not know about?

Removing the citizenship of a person without telling them signals a retreat from one of the law’s most fundamental values, which is that an individual has a right to know of a decision before their rights can be adversely affected.

Clause 9 also sends a message to a group of Britons, that despite being born and brought up in the UK and having no other home, their citizenship is far from secure.

We also question what evidence the government has to justify including such a potentially prejudicial clause. The Home Secretary Priti Patel has long promised a tougher approach to immigration in the UK, particularly when it comes to people trying to enter the country through the English Channel.

But the tragic loss of 27 people who died while trying to reach England via dinghy in November 2021 shows that there is not nearly enough cross-border co-operation to rationalise enacting such draconian measures that could impact millions, when they should probably only apply by exception for a tiny minority.

What can you do?

Our core issues with Clause 9 arise from our belief that we all have a collective responsibility to ensure to the best of our ability that our fellow men, women, and children are happy and healthy, and that we have a moral duty as human beings to stand up for those who cannot stand up for themselves.

Clause 9 could potentially affect numerous numbers of minority communities who could wake up one day to find their citizenship has been revoked. We believe that Clause 9 needs more debate and – crucially – more proof that it is needed at all. There is an online petition asking for it to be removed from the Bill that (as of today) has amassed over a quarter of a million signatures.

Of course, there is no substitute for education in promoting tolerance and understanding above and beyond our political, cultural and religious differences. So we urge you to familiarise yourself with the new Bill, and especially Clause 9, using independent sources so that you can read up on both sides of the argument.

At Ash Hill Solicitors we specialise in all matters relating to immigration law and would be happy to have a 20-minute free initial discussion about any immigration concerns that you may have.

Please find set out below our specialist immigration solicitor’s LinkedIn profile for your ease of reference.

Why Use a Solicitor for Probate?

Tue, 30 Nov 2021 11:58:44 GMT

We’ll take care of the details while you’re coping with your loss

When a loved one dies, emotions can run high, even when the death was expected. But when you start thinking about all the practical things you need to do, it can become even more stressful and overwhelming, especially if you’re the Executor of the deceased’s estat e . As the Executor you are legally responsible for ensuring that the estate administration is carried out correctly, including making sure the estate is valued properly, the right inheritance tax is paid and all of the gifts from the estate are distributed according to the will. We have more practical information about what to do when someone dies in our recent blog.

But the stress of a major loss can quickly deplete your energy and emotional reserves. While some probates are relatively easy to deal with, even with straightforward estates there are plenty of challenging issues that can arise and things that can go wrong. If you make a mistake, you can be held responsible for it.

Having an expert assist you with probate is, therefore, the simplest and most effective way to take some of the burden of responsibility off your shoulders and give you peace of mind that you are correctly carrying out your duty to the deceased and their beneficiaries.

How a probate solicitor can help

As probate solicitors we are completely independent and have no emotional ties, plus we handle probate cases every day. This means we’ll be able to deal with the legalities with a clear mind, sound judgement and years of relevant legal experience. We can make the process easier for you, making sure that the right information is gathered, completing all the appropriate documentation and submitting it correctly so as to avoid any penalties.

Applying for probate is time consuming and can be frustrating. As expert probate solicitors we can guide you through all the stages of applying for probate. For example, we can:

Tell you whether you need to apply for probate (not all estates will qualify)
Value the estate
Submit Inheritance Tax forms to HMRC
Apply for a grant of representation on your behalf
Collect the assets of the estate
Make sure the estate is distributed accurately to the beneficiaries in accordance with the deceased’s wishes

Dealing with digital assets

Not many people realise that a deceased’s digital assets also form part of their estate. We’re continually being persuaded to transfer our financial dealings online, and as an Executor you’ll need access to all of the deceased’s digital accounts so that we can make sure everything is counted in our valuation of their estate. This may include their social media accounts, if they have a financial value.

We will help you manage your way through the process, and we encourage everyone to keep a list of their online profiles with passwords (preferably locked away with your will) so that your Executors can deal with them appropriately and swiftly. This useful article from Solicitors for the Elderly explains more about what constitutes a “digital asset” and how to go about gathering the information.

Why use Ash Hill’s probate services?

There are also a number of other specific benefits from using Ash Hill’s probate solicitors:

We are regulated by the Solicitors Regulation Authority (SRA) which means we abide by strict codes of professional conduct
We have the experience and expertise to effectively deal with all of the procedural requirements involved in probate with view to keeping delays to a minimum. For example, we’ll make sure the right tax is paid , any problems are identified and resolved, and all accounts are handled with full legal compliance
If necessary, we can mediate between family members or deal with third parties in the event of a dispute. This helps keep you as the Executor out of the ‘firing line’ and can make it easier to quickly resolve conflicts
We can ensure that claims from disappointed parties not benefitting under a will are monitored. This includes adherence to time limits for prospective claims, including those from creditors
We can ensure that the identity of any beneficiaries is properly established and that there are no impediments against handing over funds (e.g. if a beneficiary is bankrupt)
Should issues arise relating to matters outside of the estate, we have a wide range of experts on hand that we can engage at the most appropriate time to resolve these issues
We keep you informed every step of the way, and we are here should you have any questions at any stage of the process

Grief can make you feel many different things and can involve some strong emotions, including worrying about practical issues like probate. You can rely on our service, our expertise, our sensitivity to your situation, and absolute discretion in all matters relating to your loved-one’s estate.

If you would like to discuss how we can assist you, please call us on 0208 515 2790, or complete our online enquiry form , and a member of our Wills and Probate team will contact you to discuss your requirements.

We have the in-house expertise in a wide range of legal services, and our advice is tailored to your particular circumstances. From Divorce , Civil and Commercial Mediation and Elderly Client Care , to setting up Trusts and Nuptial & Cohabitation Agreements .

No matter what your legal problem is, we can help you.

Why Should Cohabiting Couples Consider Estate Planning?

Wed, 09 Jun 2021 12:03:58 GMT

Many young couples these days are choosing to hold off on marriage ceremony until finances allow and are cohabiting first. Whether the decision to cohabit is based on economical or emotional reasons, it’s a sensible choice for those who aren’t ready for marriage or fear the fallout of divorce.

However, without proper estate planning , cohabiting couples could be putting their finances at risk. Unlike their married counterparts, unmarried couples have no automatic right to inherit from each other. However, with careful estate planning, you can ensure your cohabiting partner is protected should you pass away.

This blog shall specifically explore some of the most important factors that cohabiting couples should consider when thinking about estate planning.

WRITE YOUR WILL

The simplest and most straightforward way to protect your partner should you pass away is to write your Will. It is important to note that it does not matter how long you and your partner have lived together, without a Will in place, you will not have an assurance that your partner will receive a share of your estate when you die.

IF YOU DO NOT WRITE A WILL

If a person dies without a Will, normally their estate shall be distributed in accordance with the intestacy rules. This can have serious consequences for cohabiting couples. For example, in some cases this can mean that the surviving cohabitee may lose their home and a source of income. The only way a surviving cohabitee may be able to obtain a relief is by making an application to the Court to get a share of the family home. This could mean that they end up in a notorious legal battle with any children from previous relationships or other family members who may claim a right as next of kin.

Therefore, it is essential that you should discuss these issues with your partner during your lifetime and what you wish to happen to your assets after you pass away. It is most beneficial to instruct a solicitor that specialises in drafting Wills .

WHAT ARE THE MOST IMPORTANT FACTORS TO INCLUDE IN YOUR WILL AS A COHABITING COUPLE?

As a cohabiting couple there are several factors that are important for you to consider, which we shall set out below. However, often what you should include in your Will is determined by your personal circumstances and whether you have any children, either from previous relationships or together. If you or your partner have children together or from a previous relationship, then the advice would differ significantly. At Ash Hill Solicitors we urge that you should seek legal advice on your specific circumstances.

As a general guidance and on the basis that you wish to ensure that your partner is provided for after you pass away, we recommend that you should include:

1. INHERITANCE - Details of who should inherit from your estate.

2. EXECUTORS - You may consider appointing your partner as an executor of your estate so that they can be involved in the dealing of your estate after you pass away.

3. PROPERTY – if you own a property or properties, you may set out in your Will whom the title to the property should pass and what should happen in the interim period. For example, you may wish to set out in your Will that you want your partner to continue living in the property after you pass away. This is normally by way of a lifetime interest for your partner.

4. MONEY – You may set out a specified amount you wish to pass to your partner to ensure that they have enough money to live on.

5. POSSESSIONS – If you have valuable possessions you may wish to include details about these in your Will and then specifically pass them to your partner. These might be a ring, a car or even sentimental items.

Above are some of the very basic matters a cohabiting couple should consider when estate planning and, in our view, there are many more complex issues that may be more relevant depending on your specific circumstances. We suggest that the first step in protecting your loved ones is to ensure that you have a properly drafted Will by a professional.

What Should You Do When Someone Dies?

Tue, 18 May 2021 22:41:24 GMT

Losing a loved one is understandably a very emotional time and in addition you may feel like you have a million and one things to do. The first and most important thing to know is that there is no rush with any matters, you must take your time and allow friends and family members to assist you.

We understand that this may be an incredibly difficult thing to go through for you and your family, so we’ve created this simple guide to help you deal with matters in 5 simple steps.

If you prefer to talk to a specialist about your situation? We’re here from Monday to Friday, 9am to 5pm to help.

Call: 0208 515 2790

STEP 1 - Get a medical certificate

The first thing you need to do after someone dies is get a medical certificate setting out the cause of death. If the person died in a hospital, this would be prepared and given to you by a member of staff. If they died at home, you’ll need to call their GP to arrange a medical certificate.

STEP 2 - Register the death

The next step is to register the death and get a death certificate. This usually needs to be done within five days and only takes around 30 minutes. If you live in England or Wales, you can find your nearest register office here: https://www.gov.uk/register-offices

Deaths in the UK are usually registered by someone related to the person who died. There is no cost for registering the death, however, you do need to pay for the death certificate. Each copy costs £11 and it is recommended to get several original copies of the death certificate.

STEP 3 - Arrange the funeral

If your loved one made a will, they may have included funeral wishes to help you plan a meaningful farewell. If you want to speak to a specialist about your options or need to use money from the estate to pay for the funeral, please call us today to assist you.

Call: 0208 515 2790

STEP 4 - Notify people and organisations

By using the government’s Tell Us Once service, you can notify multiple government departments of your loved one’s death, including the Passport Office, HMRC and the DVLA.

Use Tell Us Once service: https://www.gov.uk/after-a-death/organisations-you-need-to-contact-and-tell-us-once

STEP 5 - Apply for probate

Before you can deal with the person’s estate and distribute assets to beneficiaries, you may need to apply for probate. If you think you might need probate, need help applying or want to speak to a specialist about your situation, please get in touch with our probate team or call on 0208 515 2790

It is important to determine who the executors to the estate are, this is normally set out in the Will. The executors will be responsible for dealing with the administration of the estate. If the deceased did not leave a Will, then you will need to determine who is entitled to apply for the letters of administration, this will follow the rules of intestacy. It is possible for you to apply for the grant personally however, you should note the importance of your role and duties when taking on this role.

In the alternative, appointing a solicitor to deal with the administration of the estate on your behalf will ensure that the estate is fully administered, and no issues will arise at a later date and you will be reassured that the deceased’s wishes are fulfilled. At Ash Hill Solicitors, we offer several options to assist you in the administration of the estate; it is possible for you to decide how involved you wish to be.

If you would like to discuss how we can assist you, please call us on 0208 515 2790 or complete our online enquiry form and a member of our Wills and probate team will contact you to discuss your requirements.

Can I Take My Child on Holiday if Separated/Divorced?

Tue, 18 May 2021 22:36:06 GMT

The coronavirus pandemic has certainly put a stop to many holiday plans in 2020 and 2021, but with the governments’ announcement that the restrictions will end by 21st June 2021, most of us are edging to book a holiday and our sights are set on a much-needed exotic holiday!

If a single parent wants to take their child abroad on holiday, the first question to consider is ‘Who has parental responsibility for the child?’ A biological mother automatically has parental responsibility for her child from birth. A biological father can have automatic parental responsibility in one of two ways:

1. By being married to the child’s mother at the time that the child was born

2. By being named on the birth certificate (only automatic after 1st December 2003)

If neither of the above two apply, the alternative may be to have a parental responsibility agreement, which can grant a father parental responsibility if he does not have so already, providing that the child’s mother agrees with the father having parental responsibility.

To take your child outside of England and Wales, you require the written consent of everyone who shares parental responsibility. However, if you have a child arrangement order sealed by the court that your child lives with you in which case you can take the child out of the country for up to 28 days. In our view it is still good practice to inform the other parent and if it impacts on the arrangements when the child spends time with the other parent you should seek their agreement in advance of making any travel arrangements. This would also be in the best interests of the child.

It is important to note that if you have parental responsibility for a child and wish to take them on holiday in England and Wales, and if there is no court order in place, you do not need the other parent’s permission to take the child on holiday as long as you are still within the jurisdiction of the law of England and Wales. Again, it would be courteous and, in our view, good practice to let the other parent know of your plans and it may avoid future conflict if the other parent is notified of travel plans in advance.

What should you do if the other parent will not agree?

Your first step should be to try to reach an agreement with the other parent. If this is not possible, you should consider asking a friend or family or even a family mediator to assist.

If none of these options resolve the matter, or if this fails, you can speak to our solicitors to assist you.

It is also important to note that in these situations, it is not in a child’s interests to pass messages between you and the other parent and to be drawn into adult issues.

How Ash Hill Solicitors can help?

As we ease out of lockdown most parents will want to treat their children to a memorable experience of a much-deserved holiday. If you are a parent who has concerns relating to what is set out in this post, it is important that you seek the correct legal advice before taking any action. Here is a list of actions we can take on your behalf:

1. We can contact the other parent to attempt to reach an agreement.

2. We can advice about issuing an application to court to seek permission to take a child on holiday.

3. In the alternative if you wish to prevent a parent from taking a certain action or taking your child on holiday without your consent we can make an application to the court to prevent them.

You should be aware that in most cases, if an application to court is made, the court will consider the welfare checklist. This checklist includes the wishes and feelings of the child, and their physical, emotional and educational needs.

Contact us to explore your options and best course of action via our online enquiry form or by calling on 0208 515 2790 .