Wills, Probate, Trusts & Powers of Attorney
At Michael Hill Partnership, our solicitors in Leicester specialize in Wills, Probate, Trusts, and Lasting Powers of Attorney. We understand the importance of these legal matters and offer comprehensive services to ensure your wishes are upheld and your assets are protected. With a client-centred approach, we provide expert guidance tailored to your specific needs.
From Will creation and Probate administration to establishing Trusts and managing Lasting Powers of Attorney, we provide expert guidance alongside our tailored approach. We ensure that your legal needs are met with attention to detail and professionalism. We are here to offer personalised advice and support, empowering you to make informed decisions for the future. Please contact us to discuss how we can help you.
How we can help
- Making and Updating a Will
- Our experienced solicitors assist you in creating and updating a legally sound and comprehensive Will. We work closely with you to understand your intentions, assets, and beneficiaries, ensuring that your wishes are accurately reflected in your Will. We provide guidance on estate planning, minimizing tax implications and protecting the interests of your loved ones.
- Probate
- Dealing with the legal complexities of Probate can be overwhelming. Our team provide compassionate support and efficient handling of Probate matters. We assist Executors in obtaining the Grant of Probate or Letters of Administration, manage the estate administration process, handle inheritance tax matters, and resolve any disputes that may arise.
- Lasting Powers of Attorney (LPA)
- Planning for unforeseen circumstances is crucial to protect your interests and ensure your wishes are honoured. Our solicitors guide you through the process of creating Lasting Powers of Attorney. We offer comprehensive advice on making a Financial decisions LPA as well as making a Health and Care LPA, ensuring that you have designated someone you trust to make decisions on your behalf when needed.
- Enduring Powers of Attorney
- For existing Enduring Power of Attorney arrangements, we provide guidance on understanding and navigating the legal obligations and responsibilities associated with them. We offer assistance in registering the Power of Attorney and managing a person’s affairs to protect the interests of all involved.
- Trusts
- Our knowledgeable team advises on the establishment and administration of Trusts, ensuring your assets are protected and managed according to your instructions. Whether it is setting up a Trust for the benefit of loved ones or charitable causes, we provide tailored solutions to meet your specific requirements.
- Court of Protection
- In situations involving mental capacity issues, our solicitors can guide you through the Court of Protection process. We offer expert advice and representation, helping you make informed decisions regarding the welfare and financial affairs of vulnerable individuals.
- Additional Services
- In addition to Wills, Probate, and Lasting Powers of Attorney services, we also assist clients with claims against the estate, claims under the Inheritance (Provision for Family Dependents) Act 1975, and other Probate litigation matters. Our experienced solicitors have an in-depth understanding of the legal framework surrounding inheritance disputes and can provide effective representation and guidance.
Our Wills, Probate, Trusts & LPA Team
William Welsh
Senior Private Client Solicitor
Rebecca Lee
Associate Solicitor - Private Client
FAQs
Why Make a Will?
Making a Will is essential to ensure that your assets are distributed according to your wishes after your passing. It allows you to designate beneficiaries, appoint guardians for minor children, and provide for loved ones who may rely on your support. By having a Will in place, you can avoid intestacy laws that may distribute your assets differently than you intended.
When is the right time to make a Will?
The right time to make a Will is now. It is never too early to start planning for the future and ensuring that your wishes are documented legally. Life is unpredictable, and having a Will in place provides peace of mind, especially if you have dependents, assets, or specific preferences for how your estate should be handled. By making a Will as soon as possible, you can be confident that your loved ones will be taken care of according to your wishes.
Do you have to go to a solicitor to write a Will?
While it is possible to write your own Will, consulting a solicitor offers several advantages. Our experienced solicitors provide valuable guidance to ensure your Will is properly drafted and legally sound. We have in-depth knowledge of the legal requirements and can help you avoid common pitfalls and errors. Moreover, we offer expert advice on complex matters, such as minimizing tax liabilities and incorporating trusts for asset protection. By working with us, you can have peace of mind knowing that your Will accurately reflects your wishes and complies with legal standards.
How can a Trust benefit me and my loved ones?
A Trust is a legal arrangement where you transfer assets to a Trustee to hold and manage on behalf of beneficiaries. Trusts offer various benefits, including avoiding probate, maintaining privacy, and providing for the smooth transfer of assets. They can be used to protect assets, minimize taxes, provide for charitable giving, and ensure ongoing financial support for beneficiaries, particularly in complex family situations.
What is a Probate, and when is it required?
Probate is the legal process of administering a deceased person’s estate. It involves proving the validity of the Will, identifying and gathering assets, paying debts and taxes, and distributing the remaining assets to beneficiaries. Probate is generally required when a person dies with assets solely in their name. However, certain assets may pass outside of Probate through beneficiary designations or joint ownership.
What is a Lasting Power of Attorney (LPA) and why is it important?
A Lasting Power of Attorney is a legal document that allows you to appoint someone you trust as an Attorney to make decisions on your behalf if you become unable to do so due to mental or physical incapacity. Having an LPA ensures that your financial affairs and personal welfare are managed by someone you choose, providing peace of mind and avoiding the need for costly court-appointed deputyship.
What decisions can be made under a Power of Attorney?
A Power of Attorney grants authority to an appointed agent to make decisions on your behalf. The decisions can cover various areas, including financial affairs such as managing bank accounts, paying bills, and making investments. Property management, such as buying or selling real estate, can also be delegated. In terms of healthcare, the agent can make medical decisions on your behalf if you are unable to do so. Additionally, depending on the powers granted, the agent may handle legal and business affairs, such as signing contracts or managing business interests. The specific powers can be tailored to your preferences and outlined in the Power of Attorney document.
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What we Charge
Probate Applying for the grant, collecting and distributing the assets
We anticipate this will take between 10 and 20 hours work at a rate of £200.00 – £350.00 + VAT per hour. Total costs estimated at £2,000.00 – £6,000.00 +VAT.
The exact cost will depend on the individual circumstances of the matter and the hourly rate of the fee earner required to handle your case. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.
In addition to charging on a time costed basis, 1% of the gross value of the estate will be charged in all Probate matters. If the estate includes real property (i.e. a house), a reduced fee of 0.5% will be charged on the value of that property. We will handle the full process for you.
This estimate is for estates where:
- There is a valid Will
- There is no more than one property
- There are no more than 2 bank or building society accounts
- There are no other intangible assets
- There are 2-4 beneficiaries
- There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
- There is no inheritance tax payable and the executors do not need to submit a full account to HMRC
- There are no claims made against the estate
Disbursements not included in this fee:
- Probate application fee of £155.00
- Bankruptcy-only Land Charges Department searches (£2.00 per beneficiary)
- £119.88 Post in The London Gazette – Protects against unexpected claims from unknown creditors.
Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Potential additional costs
- If there is no Will or the estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information.
- If any additional copies of the grant are required, they will cost 50p (1 per asset usually).
- Dealing with the sale or transfer of any property in the estate is not included.
How long will this take?
On average, estates that fall within this range are dealt with within 6-12 months. Typically, obtaining the Grant of Probate takes 12-22 weeks. Collecting assets then follows, which can take between 12-22 weeks. Once this has been done, we can distribute the assets, which normally takes 2-8 weeks.
