Inheritance tax is a tax on the estate of someone who has died. There’s normally no Inheritance Tax to pay if the value of the estate is below £325,000. But that doesn’t mean that there are no forms to complete. You’ll still need to complete an IHT205 detailing the value of the estate, to demonstrate why tax isn’t payable. As it says in our 5 major pitfalls of a ‘DIY’ probate, if the value of the estate is higher than this nil rate tax band you may have to complete and submit to HMRC over 20 different forms. That’s before you’ve got started on a self-assessment tax return if the person that died was required to do one. If you aren’t familiar with these forms then asking a solicitor to help can ease the burden and ensure these essential forms are dealt with as quickly and efficiently as possible. P.S. With both legal and financial experts in our team, we’re happy to answer any questions you may have, including queries relating to Inheritance Tax and self-assessment.

You can choose a family member, friend, spouse or partner to be your Attorney. You can also ask a professional, such as a solicitor or accountant that you know well. The important thing is that you select someone that you trust, as you will be giving them full responsibility and power over your affairs. Just like appointing Executors for your Will, it’s important to talk to the person about it first and ensure they are happy to do it. It can be helpful to appoint more than one Attorney. If you do so, you’ll need to decide if you want them to work jointly – meaning they work together on all matters, or jointly and severally – where they may act together or separately, as they choose or on specific matters. For example, you may want to specify that they must act jointly for major decisions such as selling your house, but they can act jointly and severally for all other decisions such as disposing of your possessions when the time comes. Remember that you don’t have to be unwell or elderly to appoint an Attorney. The role of the Attorney is to support you and enable you to make your own decisions for as long as you possibly can. Only when you are unable, will they step in to make decisions on your behalf and ensure your wishes are respected. P.S. Worried about how long it might take to create your Lasting Power of Attorney? I can provide a quick and efficient service. “Debra dealt with my matter extremely efficiently and professionally. She explained everything clearly to me and took all the worry out of the process. It was a quick and overall a very positive experience. I have already recommended her to friends and family due to fantastic value for money and brilliant customer service. Thank you so much.” Miss H (Windsor)

There are three key stages in the probate process: Valuing the estate Completing all the relevant IHT forms and applying for probate Gathering in funds and then distributing them in line with the person’s Will (if they had one) or in line with intestacy rules (if there was no Will) Some of these stages can be easier to manage than others so we offer a flexible service that can be adapted to the particular situation of your probate. For example, we can provide legal support in just the initial stages of probate. We can contact organisations to help you identify the value of the estate, ensuring you have thought about any potential debts the person might have such as utility bills owing or credit card statements, as well as all potential assets including their home. Our experienced team can complete the required forms including IHT, handing over to you to gather the funds and distribute the estate once probate has been granted. “An excellent service, very efficient” - Mr R (Ruislip) We can also act until the estate is fully disposed of so that you don’t have to take on any aspect of the process. This can be particularly helpful in complex or high-value estates which can be very time consuming and take months or even years to process. Where the will has been misplaced or may be invalid, using a legal professional through the whole process means you and your family are fully protected. P.S. We offer a clear and transparent fixed-fee policy for dealing with probate, giving you peace of mind. You can see the fees involved in each stage of probate on our website.

At this free consultation, we will look at your current situation and help you identify the potential impact that not having a Lasting Power of Attorney could have on your life. We will then show you the steps we can take to avoid these problems and take control of your future. You might be surprised just how much influence the State can have if you haven’t made your wishes clear. Do you want medical professionals to make decisions about your treatment? Are you happy with the State deciding whether you should move into a Care home or not? Even if you have talked extensively with your partner or family about these kinds of scenarios, if you don’t have an LPA in place then they cannot carry out your wishes. Ensure your voice is heard by creating a Lasting Power of Attorney. PS. Many people think creating a Lasting Power of Attorney is expensive. But it can be more affordable than you think. At MDW Solicitors we believe in transparency and value for money. I can talk to you about our fixed fee options during our free review, so you know exactly what to expect from the start.

You might think that doing probate yourself will save you money and that you can do it quicker yourself. If I can give you one piece of advice it would be to think again. Administering an estate can take months and even years. Once you accept the responsibility of executing the estate it is a job for life. You can’t simply resign or decide to step down once you have started carrying out your duties. You also make yourself personally liable if things go wrong. As solicitors, we have special insurance measures to protect us should a situation like that ever arise. Do you have the same protection? “Debra dealt with my matter extremely efficiently and professionally. She explained everything clearly to me and took all the worry out of the process. It was a quick and overall a very positive experience. I have already recommended her to friends and family due to the fantastic value for money and brilliant customer service. Thank you so much.” - Miss H (Windsor) Please get in touch with me on 01753 299466 or email debrawilliamson@mdwsolicitors.com to discuss how I can help you deal with probate swiftly and sensitively and allow you to move on with your next steps in life. P.S. If you do decide to manage probate yourself, I strongly recommend that you advertise in the Gazette, the UK's official public record, for any unknown creditors to come forward, once you have received the grant of probate. If you do not, then you could be held personally liable for unidentified debts.

It’s easy for creating a Lasting Power of Attorney to slip down your to-do list. None of us want to think about a time when we might not be able to make decisions for ourselves. Deciding where to book your next holiday may sound much more appealing. Even if you are in good health and haven’t retired yet, creating a Lasting Power of Attorney is an important step in planning the future you want. It can also save your family heartache later on, as they try to second-guess what you may have wanted, or fight to get access to the care you need. As one of our clients found, I can help you cross creating a Lasting Power of Attorney off your to-do list and put your mind at rest, so you can get on and enjoy life. “It has been a pleasure dealing with MDW solicitors as your professionalism and helpfulness has made the process of creating power-of-attorney very painless.” Mrs N (Seer Green) Please get in touch with me on 01753 299466 or email debrawilliamson@mdwsolicitors.com to book your free appointment today. P.S. When the time does come, we offer a full Probate Service. This is the dealing of the estate when a person dies and is normally done through a Solicitor in order to not overburden you when you are at your most vulnerable after the loss of a loved one.

For over 100 years The Wills Act 1837 has dictated how Wills are made valid. Section 9 of that Act states that a Will should be witnessed by two people in the presence of the testator after he has signed. This has caused tremendous problems during Covid and it has taken until a few days ago for the Ministry of Justice to announce that video witnessing of wills will be made legal during the Corona virus pandemic. The planned changes will be back dated to the 31st of January 2020 and there is no end date however it is thought that this new law will remain in until the Corona virus pandemic has passed. Although the Ministry of Justice would prefer future Wills to be witnessed in accordance with section 9 of the Wills Act guidelines will be produced in the next few weeks which will explain how Wills can be witnessed via video means such as zoom. This will therefore avoid the problems that many clients have experienced over the last few months and will also assist should we go into lockdown in the winter months. To discuss how this may affect you please call Debra on 01753 299466 where we will be happy to advise you. Please remember that we offer a fixed fee will service which will ensure that you remain in control of your assets and leave them to who you chose to leave them to. We also offer price reductions if you chose to have your LPAs drafted at the same time.

As from Monday anyone that attends court in England will have to wear a face mask. This is welcome news for many lawyers and directly contradicts what the Government said just over a week ago with regards to the public not being required to wear masks in court buildings. With regards to what happens inside the courtroom itself, this will be left to the individual judge but social distancing rules will be observed and it is likely that masks may be removed when evidence is being presented and when people are speaking in court. This will ensure that the safety of the court and tribunal users remains paramount. Again, We do not know how long these changes are for but they illustrate how Covid has changed the way in which the law in this country is being administered.

When someone close to you dies the difficulties you face can be unbearable. The last thing a lot of people want to get involved in is sorting out their loved one’s estate. It is then that one that starts searching for legal advice as they often prefer to instruct an expert to deal with obtaining probate. The Steps of Probate How much probate costs in instructing a solicitor depends on what level of service you require. You need to ascertain if the deceased has left a will. You may find this strange but no more than 40% of people in the UK are said to have made one. You can check if a will exists by contacting family and friends and the will registry and/or the deceased’s previous solicitors or bank. If there is no will this means the deceased died intestate. The next of kin can apply for the grant usually through solicitors. If there is a will then the executor can consult a solicitor to apply for the grant of probate. It is the grant of probate that gives them the legal right to access financial accounts etc. The reason why executors normally appoint a solicitor is because there are complex forms involved that requires submission to both the probate registry and HMRC. These forms must be completely accurately, and they need to include things like whether the deceased made lifetime gifts. If there are errors in completion, then the executor can be held personally liable. If the estate is less than £5000 then probate is not always required but always check with a professional first. You can instruct a solicitor to apply for the grant on your behalf and once that is obtained you may choose to do the rest yourself. It is an SRA requirement for solicitors to be transparent on probate fees and fees should be displayed on a solicitor’s website. After obtaining the grant you will need to administer the estate in accordance with the wishes of the will. If you do this without a solicitors help and if a beneficiary is omitted then once again you are personally liable. You have nothing to lose in speaking to a solicitor especially if the initial consultation is free. Please do not hesitate to ask if you have any questions.

You may think dealing with an estate of a loved one or a friend is easy but as an executor or administrator you need to think carefully before you decide to deal with things yourself. Hiring the right solicitor will allow you to avoid personal liability, prevent you from spending hours of your time dealing with something you may not understand, and it will ensure that no time is wasted. Here are a few questions that you need to consider before you decide how to proceed: Can you identify which assets pass outside the well? Can you identify which assets pass without proof of title? Are you able to assess the outstanding debts of the estate yourself? Can you ascertain what the assets are yourself? Do you have the time and expertise to trawl through previous tax returns and complete required tax returns if necessary? Can you identify from bank statements if lifetime gifts were made and if they were made are you able to ensure that any associated taxes are paid? When looking at a will are you able to understand what would happen if any of the legacies fail? Are you able to dispose of assets in accordance with the will and have you exercised due diligence in the tracing of all potential beneficiaries to avoid your personal liability? These are only a few of the questions that you need to ask yourself and apply to even the simplest of estates. Consult the experts. It will cost you nothing to start with and then you can make an informed decision.

For all those people out there who think they are too young to make a Will, then you might find this article particularly interesting. Wills help you protect your loved ones in ensuring that they are safe and cared for both financially and otherwise. That is probably why so many people have decided to use any extra time they have during lockdown to sort out their affairs: https://www.todayswillsandprobate.co.uk/main-news/a-reminder-of-the-importance-of-appointing-a-parental-guardian/?fbclid=IwAR1i1O2ig9fIhHNG9tX0WIw9HLyL1JboNHsJ0EkuRuwJkQel5ISnRJ7bvmk

MDW Solicitors is delighted to be celebrating our first birthday. After 27 years of qualification, it has certainly been a year to remember. Leaving the security of paid employment as a director of a multi office firm and setting up your own firm was probably as sensible as jumping off a cliff but someone wise once said if you do not jump then you will be safe but you will never soar. So soaring we did and we have not looked back since. Thank you all for your support and instructions over the last year and here's to building our future.