The importance of making a will cannot be overstressed. Each will is tailor made for the client, taking into consideration his or her personal circumstances and tax implications. Many people believe that their spouse would automatically receive their whole estate on their death whether they make a will or not. This is not the case and, in addition, "partners" are not recognised by the Rules of Intestacy.

After a death, the estate is dealt with by obtaining a Grant of Probate (if there is a will) or Letters of Administration (if there is no will).   The administration of the estate involves obtaining valuations of all the assets of the estate and dealing with payment of Inheritance Tax (if appropriate), applying for the Grant of Probate or Letters of Administration and then gathering in the assets of the estate, paying debts and distributing them and administrating them according to the Will or Rules of Intestacy as the case may be.

Another aspect of dealing with clients’ personal affairs is the Lasting Power of Attorney; it is wise to seek advice before making a Lasting Power of Attorney in favour of a relative, friend or Solicitor, who would deal with your affairs if you were unable to do so yourself. In the alternative, an application must be made to the Court of Protection for an order appointing a Deputy to deal with the affairs of someone who is no longer able to do so themselves. Once such an order is in place, we can assist with other applications to the court for specific purposes such as the making of a statutory will.

We can also assist an attorney under an existing Enduring Power of Attorney if it becomes necessary to register the property at the Court of Protection should the principle who made the power become mentally incapable of managing his or her own personal affairs.

If you wish to discuss any of the above matters further, please contact Nick Harrison at our Wickford Office or by email at - nick.harrison@hchsolicitors.co.uk