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Evans Harvey Wills & Probate Solicitors Plymouth

If you die without a valid Will the law will determine how your money and property is distributed. This will depend on many factors such as whether or not you are married or have children, and the value of your estate, but the result might not be what you want or expect.

• If you are married with children your spouse may have to share the estate with your children
• If you die while your children are young they will inherit your estate on reaching 18
• If you are not married your partner will not be entitled to anything
• If you have lost touch with your closest relatives they will have to be found before the estate can be administered
• If you have no close relatives your estate will go to the Crown

Evans Harvey Wills & Probate Solicitors Plymouth

Whilst it is not a legal requirement, to have a Will drafted or witnessed by a solicitor. It is generally advised that you should use a solicitor to make, or at the bare minimum check your Will. There are certain requirements in making a legally valid Will, and errors can be costly financially and in time spent administering your estate and obtaining Probate.

Evans Harvey Wills & Probate Solicitors Plymouth

A common misconception is that, if you are married, your spouse will automatically inherit all of your estate. This is not necessarily true. If you do not have a Legal Will then the law will decide what happens to your money and it may not be what you want.

The failure to account for all money, property, investments and pensions.

To take into consideration the possibility to a beneficiary pre-deceasing the person who has made the Will.

Amending or altering a Will without witnesses.

The effects of divorce, dissolution of a civil partnership, a new civil partnership or marriage.

The list above is just a small sample of the pit falls waiting for those who have a Will that is in actual fact NOT a legal document.

Evans Harvey Wills & Probate Solicitors Plymouth

Evans Harvey Solicitors Wills and Probate department deal with all aspects of Wills, estate planning and administration, including tax advice and trusts. The process is usually quite straightforward and should only take a short time to prepare your new Will. During an initial meeting with one of our Wills and Probate specialists we will ask what you want to happen on your death and give advice on the best way to achieve what you wish to happen as a result of your Last Will.

Before the initial meeting it's a good idea to think about what you want included in your Will, things that you should consider:

• Your assets, how much money and what property and possessions of value you have
• Who do you wish to benefit from your Will and Estate
• Who should look after any children under 18 years of age
• Who will administer your estate and carry out your wishes after your death, the executor of your Will

Evans Harvey Solicitors will then draft your Will and send it to you for approval. We will answer any queries and make any changes to the draft Will and we will then prepare the final Will for signature. It is essential that the correct procedure is followed when signing the Will, so we recommend that you come back to us for another meeting to sign it, if that is difficult to arrange, we can send the Will to you with instructions to follow.

We will then store the Will for you and provide you with photocopies to keep at home. This is to ensure that the Will is kept safe and is not accidentally lost or damaged, we do not charge for this service.

Evans Harvey Wills & Probate Solicitors Plymouth

Probate is the method by which the executors or administrators obtain the court's permission to deal with the deceased's person's estate (collecting assets, paying liabilities and eventual distribution to the beneficiaries under the terms of the Will)

The executors or administrators are required to complete appropriate tax returns, swear an oath confirming the information they have provided and affirmation of their commitment to deal with the estate in a proper and timely manner.

Evans Harvey Wills & Probate Solicitors Plymouth

Up to four executors can jointly apply for the grant of probate. Executors who do not wish to act can renounce their executorship or reserve powers. One option is for the executors to act jointly, agreeing their decisions. This can be a rather cumbersome way to deal with the estate, particularly if executors are busy or live in different areas.

More commonly, the executors will agree amongst themselves for two executors to take the lead. If one of the executors is a solicitor, then that solicitor will usually guide and assist the remaining executors through the administration process. Alternatively, the executors may decide to act together but appoint a solicitor to provide advice and deal with the paperwork on their behalf.