SlideShare uma empresa Scribd logo
1 de 16
Baixar para ler offline
CLS Direct Information Leaflet 10                       July   07




Wills and Probate
Dealing with someone’s affairs
when they die




A free and confidential service paid for by legal aid
0845 345 4 345 www.clsdirect.org.uk
When a person dies, someone has to deal with their affairs and decide
what will happen to the things they owned.
This leaflet explains what the law says about how this should happen.


   Why should I make a will?                                                                      3
   What makes a will valid?                                                                       3
   Who can be a witness?                                                                          3
   What does an executor or administrator do?                                                     4
   What is probate?                                                                               4
   Will I have to pay inheritance tax?                                                            6
   Who takes charge if there is no will?                                                          7
   Who gets the estate if there is no will?                                                       9
   What can I do if I think there is something wrong with the will?                              10
   What can I do if I think the will is unfair?                                                  11
   What if there isn’t enough money to pay for the funeral?                                      12
   What if there isn’t enough money to pay the person’s debts?                                   12
   Terms used in wills and probate matters                                                       13




The leaflets in this series give you an outline of your legal rights. They are not a complete
guide to the law, nor do they explain how the law will apply to you or to any specific situation.
The leaflets are regularly updated, but the law may have changed since this was printed, so
information in it may be incorrect or out of date.
If you have a problem, you will need to get more information or personal advice to work out
the best way to solve it. See ‘Further help’ on page 15 for sources of information and advice.
Dealing with someone’s affairs when               ‘mentally capable’ (which means
they die is often distressing. But it can         they fully understand what they are
also seem difficult and confusing.This            doing in writing their will); and
can be made worse by the unusual
                                                  at least 18 years old (though you
words and expressions that are used
                                                  can make a will if you are younger
to describe who does what and the
                                                  and on active military service).
procedures when someone dies.
See ‘Terms used in wills and probate            The will must:
matters’ on page 13 for explanations              have been made without ‘undue
of many of these words.                           influence’ (for example, without a
                                                  threat from someone);
Why should I make a will?
                                                  be in writing;
When you make a will, you can say how
your funeral should be dealt with, and            be signed by the person whose will
what will happen to your possessions              it is (the ‘will-maker’ or ‘testator’)
and assets when you die. If you die               and by two witnesses, who must all
without making a will (called ‘dying              be together at the signing (see ‘Who
intestate’), it can be complicated to             can be a witness?’ below); and
work out who will get what.                       be dated when it has been signed.
The Administration of Estates Act 1925          No amendments or additions should
sets out who can apply to deal with             be made after the will has been signed.
your affairs if you die intestate (called
‘administering the estate’) and how             Who can be a witness?
your belongings are to be shared. But
                                                Any person who is over 18 can sign as a
several people may have an equal right
                                                witness. However, the witnesses should
to administer your estate (for example,
                                                not be people who benefit from the
your children).When several people are
                                                will or who are appointed executors
equally entitled to act as administrator,
                                                (or the husband or wife of one of these
the usual rule is ‘first come, first served’.
                                                people). If you witness a will and you
However, without a will, there may be
                                                are named as someone who will
dispute or uncertainty.
                                                benefit from it, you will lose your right
What makes a will valid?                        to that benefit when the person dies.
For a person to make a valid will, they         Special rules apply in certain situations.
must be:                                        For example, if a blind person or


3   Wills and Probate: Dealing with someone’s affairs when they die
someone who can’t read or write wants          value of the estate to the Capital Taxes
    to make a will, you should speak to an         Office. (See ‘Will I have to pay
    adviser to find out more about this.           inheritance tax?’ on page 6.) Even if
    See ‘Further help’ on page 15 for              the executors believe there is no
    details of where you may be able to            inheritance tax to pay, they must
    find an adviser.                               complete a form giving details of the
                                                   assets and certain gifts made by the
    What does an executor or                       person who died.
    administrator do?
                                                   The executors may have to deal with
    The executors are the people                   claims about unfair treatment if a
    appointed in a will to deal with the           relative or someone who is a
    estate of the person who has died.An           dependant of the person who has died
    administrator is the person who deals          thinks that what they have been left in
    with the estate of a person who has            the will isn’t fair, or that they have been
    died intestate (without a will).The            left out unfairly (see ‘What can I do if I
    executor or administrator may both             think the will is unfair?’ on page 11).
    be called a ‘personal representative’.
                                                   If you are an administrator acting
    If a person has died leaving a valid will,     where there is no will and you handle
    the executors can normally arrange             all the matters personally (rather than
    the funeral straight away. However,            using a solicitor), you will be personally
    there may be a delay, depending on             liable (responsible) if you don’t follow
    how the person died.                           the ‘rules of entitlement’ (the rules
    The executors can also take charge of          governing who gets what) correctly.
    the house and possessions of the               For example, you cannot give more to
    person who has died unless it passes           someone the dead person liked, or
    automatically to a joint owner (for            refuse to pay the correct share to
    example, the person’s living husband           someone the dead person disliked,
    or wife). But if there is a will, they must    even if the dead person had discussed
    follow what it says.                           this before they died.

    The executors must then work out               What is probate?
    whether they need to apply for probate.
                                                   Probate (or more specifically ‘probate
    (See ‘What is probate?’ opposite.)
                                                   of the will’) is an official form that gives
    If there is (or could be) inheritance tax      the executors of the will the right to
    to pay, the executors must report the          deal with the assets and property of

4   Wills and Probate: Dealing with someone’s affairs when they die
the dead person.When you show the               banks and building societies have
probate form to a bank, for example,            the right to insist on probate in
they know they are dealing with the             this case).
person who has the right to handle the
                                             However, you will need to apply for
estate, and they will allow you to
                                             probate if the person who died had:
withdraw money from the dead
person’s account.                               any bank, building society or
                                                National Savings accounts with
When you apply for probate, you are
                                                more than £5,000 in them;
promising the Probate Court that you
will deal with (‘administer’) the estate        stocks or shares; or
as set out in the will and according to         property or land (unless it is owned
law. If you don’t do this, you will be in       as a joint tenancy and so passes
trouble with the court (and with the            automatically to the other owner).
people who should benefit from the
will). Probate makes sure that the           You may have to apply for probate if
executors carry out their task properly.     the person had any life insurance or
                                             term insurance policies that are paid
When there is no will (or there are no       to the estate. Some kinds of policy say
executors named in the will or the           that they will be paid straight to the
executors have died), the official form      beneficiaries of the policy (rather than
is called ‘letters of administration’.       to the estate), and you do not need
Do I always need to get probate?             probate for these.

In some cases, you don’t need to apply       You will have to apply for probate if
for probate.This is when:                    the person who has died gave away
                                             large gifts or sums of money (which,
  the person who has died left very
                                             with the person’s other assets, total
  little (say, belongings and money
                                             more than a certain amount, called the
  amounting to less than £5,000);
                                             ‘nil rate band’) in the seven years
  everything they owned was held in          before they died. If so, inheritance tax
  joint names with someone to whom           must be paid on the amount over the
  their share passes automatically           nil rate band. The amount of the nil
  (normally a husband or wife); or           rate band is reviewed each year – see
                                             ‘Will I have to pay inheritance tax?’ on
  any bank or building society
                                             page 6. Even if these gifts were not
  accounts that the person had
                                             worth more than the nil rate band,
  contain less than £5,000 (though
                                             their value must be added to the

                          Wills and Probate: Dealing with someone’s affairs when they die   5
assets of the dead person, because the         probate registry.The registry can send
    amount of inheritance tax is based on          you information packs.These include
    the value of the estate plus the value         probate application forms and
    of any gifts made in the seven years           information on how to fill them in.
    before they died (excluding certain            You can also talk to registry staff if
    annual allowances).                            you are having difficulty filling in a
                                                   probate application.
    There is an important exception to the
    seven-year limit on gifts: if the person
                                                   Will I have to pay inheritance tax?
    who died gave away their home but
    continued to live in it rent-free, its         Whether or not you, as the executor,
    value will count towards the assets on         have to pay inheritance tax out of the
    which inheritance tax must be paid,            estate depends on:
    regardless of when they gave it away.            how much the property and
    In most cases where there is no will             belongings of the dead person
    you must apply for ‘letters of                   were worth when they died;
    administration’, which serve the same            the value of any trust from which
    purpose as probate.You apply for a               the dead person benefited;
    grant of letters of administration in
    the same way you would apply for                 the value of certain gifts the
    probate. However, as with probate,               person made in the seven years
    you may not have to apply for letters            before they died, or longer if they
    of administration if the person’s estate         ‘reserved an interest’. (An example
    was not worth very much.                         of reserving an interest would be if
                                                     they gave away their house on the
    How do I apply for probate?                      condition that they were allowed
    You may apply in person for probate or           to live there free of charge or for
    letters of administration, or you may            very low rent until they died.)
    instruct a solicitor, who can apply on         If all these add up to more than a certain
    your behalf.You apply to:                      amount (called the ‘nil rate band’), the
       the Principal Registry (in London); or      estate has to pay inheritance tax at 40
                                                   per cent on the sum of money above
       a district probate registry (in other
                                                   this amount.The amount is reviewed
       cities and many large towns).
                                                   every year. It is £300,000 for the year
    See ‘Further help’ on page 15 for the          April 2007 to March 2008 and will rise
    number to call to find your nearest            to £350,000 by April 2010.


6   Wills and Probate: Dealing with someone’s affairs when they die
Not all gifts made within the seven-         The cost of legal advice will be paid out
year period have to be included in the       of the estate. If you get the calculation
tax calculations.All gifts between           wrong without having taken advice
husbands and wives are exempt from           and you pay the beneficiaries without
tax, as are those between same-sex           paying the right amount of tax, you
partners in a registered civil partnership   may have to pay what is owed out of
(see ‘Same-sex relationships’, opposite).    your own pocket.
You can also make exempt gifts in
                                             The executors or administrators are
other ways, including:
                                             responsible for paying any inheritance
  a single gift of £3,000 each year;         tax that is due out of the assets of the
                                             estate, and it is due six months after
  any number of ‘small gifts’ of under
                                             the end of the month in which the
  £250 each to different people;
                                             person died. Some or all of the
  gifts to charities or political parties;   inheritance tax will have to be paid
  £5,000 to your child if they are           before you can obtain probate or
  getting married; and                       letters of administration.

  gifts that can be described as             Same-sex relationships
  ‘normal expenditure’ out of your
                                             Same-sex (gay or lesbian) couples
  income (which means, for
                                             who have registered their relationship
  example, that it would not reduce
                                             as a civil partnership have the same
  your standard of living).
                                             tax advantages as married couples.
If you give away your house but              Similarly, if a civil partnership breaks
continue to live in it without paying a      down, the couple face the same legal
proper rent (called ‘reserving an            problems as a married couple
interest’), the value of the house will      (though a legal separation is called a
have to be included in the inheritance       dissolution rather than a divorce).
tax calculations when you die, even if
you made the gift more than seven            Who takes charge if there is no will?
years before your death.
                                             If you, as next of kin (or someone else
Inheritance tax is complicated, so you       with similar powers), believe that
should get specialist legal advice           someone who has died has left a will,
straight away if you are an executor         but no one can find it, you can take
and the Probate Registry tells you that      steps to find out if they made one.
you may have to pay inheritance tax.

                          Wills and Probate: Dealing with someone’s affairs when they die   7
These can be:                                     with the same mother and father, or
                                                      descendants of the brothers or sisters.
       searching the belongings of the
       person who has died for any                 5. Their half-brothers or half-sisters
       evidence that they made a will (for            (who had either the same mother or
       example, a letter from a solicitor);           the same father) or their descendants.
       phoning or writing to solicitors            6. Their grandparents.
       and banks that the person might
                                                   7. Their uncles and aunts ‘of the whole
       have used;
                                                      blood’ (this means brothers and
       applying to the Principal Probate              sisters of their parents, as long as
       Registry to see if the person who              they had the same mother and father
       died left their will there; and                themselves) or their descendants.
       placing advertisements in                   8. Their uncles and aunts ‘of the half
       newspapers and legal journals.                 blood’ (this means brothers and
                                                      sisters of their parents if they had
    If there is no will, the person’s estate
                                                      only the same mother or father) or
    will be shared out under the ‘rules of
                                                      their descendants.
    intestacy’.These rules set out:
                                                   9. The Crown (the state) if there are no
       who deals with the estate; and
                                                      relatives.
       who benefits from it.
                                                   If several people have an equal right to
    The person who will deal with the              deal with the estate (for example,
    estate is the closest living relative to       brothers and sisters),letters of
    the dead person, chosen in this order:         administration will normally be given to
    1. The husband, wife or registered civil       the first of these people who applies for it.
       partner of the person who has died          However, there can be a problem when,
       (but not their unmarried or                 for example, the dead person has
       unregistered partners).                     several brothers or sisters who all want
    2. Their children (aged over 18) or            to be in charge of the funeral or
       their children’s descendants (for           administration. If they cannot agree
       example, grandchildren, if they are         about this themselves, they must apply
       over 18).                                   to the Probate Court, which will decide
                                                   who will take responsibility.This
    3. The dead person’s parents.                  process is complicated and you would
    4. The dead person’s brothers or sisters       probably need help from a solicitor.


8   Wills and Probate: Dealing with someone’s affairs when they die
Remember, too, that legal disputes             (for example, the income or
cost a lot of money and take time to           interest if the money is invested,
resolve.The costs will probably be             but not the money itself). The
taken out of the estate, if the court          capital (the original amount)
agrees to this. But otherwise, you risk        passes to their children when the
being left with a large bill.                  surviving husband or wife dies.
                                            The children of the deceased, including
Who gets the estate if there is
                                            illegitimate and adopted children,
no will?
                                            share between them:
Any inheritance tax must be paid.After
                                               half what is left straight away, if
that, all debts (including mortgages
                                               they are 18 or over; and
and other loans) must be repaid ,
whether the dead person has made a             the other half when the surviving
will or not.After that, the                    parent dies.
Administration of Estates Act 1925
                                            Stepchildren get nothing (unless they
sets out who gets what in every
                                            are named in a will).If one of the children
situation where there is no will. Some
                                            has already died,leaving children of their
of the more common situations are
                                            own,their share will pass to those
as follows.
                                            children (that is,the grandchildren of the
If there is a husband, wife or civil        person whose estate is being dealt with).
partner, but no other relatives
                                            If there is a husband, wife or civil
The husband, wife or registered civil       partner, and relatives (but no
partner gets everything (but their          children)
unmarried or unregistered partner
                                            The husband or wife gets:
gets nothing).
                                               the ‘personal chattels’ (see ‘Terms
If there is a husband or wife and
                                               used in wills and probate matters’
children
                                               on page 13);
The husband or wife gets:
                                               the first £200,000; and
  the ‘personal chattels’ (see ‘Terms
                                               half what is left.
  used in wills and probate matters’
  on page 13);                              The parents of the dead person, or, if
                                            they have died, the brothers and sisters
  the first £125,000; and
                                            or their descendants, share the other
  a life interest in half of what is left   half of what is left.

                         Wills and Probate: Dealing with someone’s affairs when they die   9
If there are children, but no living            (this means brothers and sisters of
     husband, wife or civil partner                  the parents of the dead person who
                                                     had only the same mother or
     The children share everything equally.
                                                     father), or
     If one of the children has already died,
     leaving children of their own, those         7. the Crown (the state).
     children will share what their parent        One common area of
     would have inherited if the parent had       misunderstanding is over what
     been alive. If the children are under 18,    happens when a person dies without a
     their share will be looked after by          will, leaving children or brothers and
     personal representatives acting as           sisters, but one of these children or
     trustees until they reach 18.                brothers or sisters has already died,
     If there is no husband, wife, civil          leaving children or grandchildren of
     partner or children                          their own. In this situation, those
                                                  children or grandchildren will get the
     Everything will pass to the next
                                                  share that their parent would have got,
     available group of relatives, in the
                                                  had they been alive.
     same order as that for applying for
     letters of administration.This means:        Similar rules apply so that, for
                                                  example, where an uncle has already
     1. the parents of the dead person;
                                                  died leaving children, those children
     2. brothers or sisters of the dead           will get the share the uncle would have
        person who have the same mother           got if he had been alive.
        and father, or their descendants;
                                                  What can I do if I think there is
     3. half-brothers or half-sisters (who
                                                  something wrong with the will?
        had either the same mother or the
        same father), or their descendants;       The most common reasons for a will
                                                  not being valid are when:
     4. grandparents;
                                                     the person who made the will did
     5. uncles and aunts ‘of the whole
                                                     not get their signature witnessed;
        blood’ (this means brothers and
        sisters of the parents of the dead           the witnesses were not together
        person, as long as they had the              when the will was signed; or
        same mother and father                       the person who made the will got
        themselves), or their descendants;           married after making their will.
     6. uncles and aunts ‘of the half blood’      Also, if one of the witnesses is a

10   Wills and Probate: Dealing with someone’s affairs when they die
beneficiary to the will,they lose the right     anything that you specifically mention
to what the will says they should have          in the will as going to your former
(though the rest of the will is still valid).   husband, wife or partner is ignored.
                                                The rest of the will is still valid.
You can lodge a ‘caveat’ at a probate
registry to stop probate or letters of
                                                What can I do if I think the will is
administration being granted if:
                                                unfair?
   you think there is something
                                                If you are unhappy because you have
   wrong with the will; or
                                                been left out of a will altogether or
   someone is applying for letters of           because you have been left without
   administration when they don’t               ‘reasonable financial provision’, you
   have the right.                              may be able to make a claim under the
                                                Inheritance (Provision for Family and
However, you will need specialist legal
                                                Dependants) Act 1975. But you can do
advice if you are in this position.
                                                this only if you are:
Other reasons may make a will invalid,
                                                  the husband, wife or civil partner
including:
                                                  of the person who has died;
   the person was not mentally capable
                                                  the former husband or wife of the
   when they made the will; or
                                                  person who has died, if you have
   they made the will under ‘undue                not remarried or given up your
   influence’ from some other person.             claim when you got divorced;
It is difficult to prove that a will is           a partner who lived with the
invalid.You would normally need                   deceased for at least two years
medical evidence to show a person                 immediately before the death;
was not mentally capable when they
                                                  a child of the person who has died;
made their will, and you would need
specialist legal help.                            a person who was treated as a
                                                  child of the family by the person
If you get married or register a civil
                                                  who has died when they were
partnership, your will automatically
                                                  married (normally, a stepchild); or
becomes invalid, unless you mention
your forthcoming marriage or civil                someone who was totally or partly
partnership in the will.                          maintained (supported financially)
                                                  by the person who has died.
If you get divorced or dissolve your
civil partnership after making a will,          If you think you may be able to claim

                          Wills and Probate: Dealing with someone’s affairs when they die   11
against the estate because you are in         page 15 for details of how to contact
     one of these groups,you should get legal      them).
     advice.Claiming against an estate is
     complicated,and there is no guarantee         What if there isn’t enough money to
     that a court will agree with your claim.      pay the person’s debts?
     The result depends on the circumstances       When someone dies,their debts don’t
     of the case.There are time limits and         die with them.They have to be paid out
     other conditions you need to know             of the person’s estate.
     about.You must lodge your application
     within six months of probate or letters of    If you are administering an estate, you
     administration being granted.You could        must make sure you have paid all the
     face a large bill if the court refuses your   debts before you pay the beneficiaries.
     application or does not decide that the       If you are not sure what the debts are,
     costs should come out of the estate.          you need to advertise in the London
                                                   Gazette and a local paper for anyone
     What if there isn’t enough money to           who may have a claim on the estate,
     pay for the funeral?                          and then wait two months before
                                                   paying the beneficiaries.The London
     By asking a funeral director to conduct
                                                   Gazette is a weekly government
     the funeral,you make a contract
                                                   publication that contains various legal
     agreeing to pay for the funeral.This
                                                   notices (see ‘Further help’ on page 15
     means that,if you are the executor or
                                                   for its phone number).You could
     administrator,you should do this only
                                                   become liable (responsible) for the
     after you have made sure that there is
                                                   debts if you pay the beneficiaries
     enough money in the estate to pay for
                                                   without having cleared all the debts
     the funeral.Otherwise,you should be
                                                   first.You may also have to submit a tax
     willing to pay any part of the bill that
                                                   return for the person who has died.
     won’t be covered by the estate.
                                                   If there is not enough money to pay all
     If you need to arrange a funeral when
                                                   the debts, they must be paid in a
     there is not enough money in the estate
                                                   particular order:
     to pay for it and you are receiving a
     means-tested benefit,you may be               1. the funeral expenses and
     eligible for a Funeral Payment grant from        ‘testamentary’ expenses (those to
     the Social Fund.For more information             do with dealing with the will);
     about this,contact your local Social          2. any debt secured by a mortgage on
     Security Office (see ‘Further help’on            property;


12   Wills and Probate: Dealing with someone’s affairs when they die
3. HM Revenue and Customs;                     parents who were unmarried), but not
                                               their stepchildren (unless they are
4. the Department of Work and
                                               specifically mentioned).
   Pensions, who deal with social
   security (you may have to refund            Common-law spouse This term has
   any over-payment of benefits);              no legal force, although a partner who
                                               lived with the person who died for two
5. unpaid pension contributions or
                                               years before their death might be able
   wages.
                                               to claim a share of the estate.
If all the debts can be paid,but there isn’t
                                               Devise A gift of a house or land.
enough money left to pay everything set
out in the will,the legacies (those where      Demise A lease of a house or flat.
a specific amount is mentioned) will be
                                               Estate All the assets and property of
paid first,and the other people
                                               the person who has died, including all
mentioned will get what is left over.
                                               houses, cars, investments, money and
If there is not enough to pay all the          belongings.
legacies,the people entitled to the
                                               Executor The person appointed in the
legacies will get a proportion of what
                                               will to deal with the estate of a person
they have been left,depending on how
                                               who has died.
much money is available.The other
people mentioned in the will,who are           Inheritance tax The tax that may have
supposed to get the remainder,will             to be paid when the total estate of a
get nothing.                                   person who has died is more than a
                                               certain amount (currently £300,000).
Terms used in wills and
probate matters                                Intestate Without a will, or a person
                                               who dies without having made a will.
Administrator The person who deals
with (administers) the estate of a             Issue All the descendants of a person
person who has died intestate                  (children, grandchildren, great-
(without a will).                              grandchildren and so on).

Bequest A gift of a particular object          Legacy A gift of money (usually a
(for example, an item of jewellery).           specific amount).

Child In will or intestacy matters, the        Letters of administration The
children of the person who has died            document issued to the administrators
include adopted children and                   by the Probate Registry to authorise
illegitimate children (children born to        them to deal with the estate.

                          Wills and Probate: Dealing with someone’s affairs when they die   13
Life interest The right to receive the       Probate registry A court within the
     income or benefit from a property or         Family Division of the High Court
     capital sum (but not the capital sum         which deals with probate and
     itself) for life.                            administration matters.The Principal
                                                  Registry is in London and there are
     Minor A person under 18.
                                                  district registries in other cities and
     Next of kin In will or intestacy             some large towns.
     matters, the person entitled to the
                                                  Real estate (realty) Land and
     estate when a person dies intestate
                                                  buildings owned by a person.
     (without a will).
                                                  Remainder man The person who gets
     Nil rate band The value of an estate
                                                  the property or capital sum after the
     up to which inheritance tax is not
                                                  death of the person holding a ‘life
     payable.
                                                  interest’.
     Personal chattels Personal
                                                  Residue What is left to share out after
     belongings, including jewellery,
                                                  all the debts, inheritance tax and
     furniture, wine, pictures, books and
                                                  specific bequests and legacies have
     cars (but not money, investments,
                                                  been paid.
     property or business assets).
                                                  Specific bequests Particular items
     Personal estate (personalty) All the
                                                  gifted by the will.They may be called
     investments and belongings of a
                                                  ‘specific legacies’.
     person apart from land and buildings.
                                                  Testator A person who makes a will.
     Personal representative A general
                                                  Testatrix is sometimes used to mean a
     term for administrators and executors.
                                                  female will-maker.
     Probate of the will The document
                                                  Will The document in which you say
     issued to executors by the probate
                                                  what will happen to your money and
     registry to authorise them to deal with
                                                  possessions on your death.
     the estate.
     Proving the will Making the
     application for probate to the
     probate registry.




14   Wills and Probate: Dealing with someone’s affairs when they die
Further help                                   The Community Legal Service
Community Legal Service Direct                 The Community Legal Service has been
Provides free information direct to            set up to help you find the right legal
the public on a range of common                information and advice to solve
legal problems.                                your problems.
Call 0845 345 4 345                            You can get help through a national
                                               network of organisations including
If you qualify for legal aid, you can also
                                               Citizens Advice Bureaux, Law Centres,
get free advice from a specialist legal
                                               many independent advice centres and
adviser about benefits and tax credits,
                                               thousands of high street solicitors. All of
debt, education, employment and
                                               these services meet quality standards set
housing. You can also find a local legal
                                               by the Legal Services Commission. Look
adviser or solicitor.
                                               for the Community Legal Service logo,
Click www.clsdirect.org.uk to find             shown below.
out more.
                                               Many of the organisations offer some
Probate registries                             or all of their services for free. If you
There are probate registries in cities and     cannot afford to pay for advice you may
larger towns. The Probate and Inheritance      be eligible for financial support through
Tax Helpline will tell you where your          the Community Legal Service Fund
nearest registry is, and can also answer       (Legal Aid). You can order leaflets about
questions and send you information             funding from the LSC Leaflet line on
about applying for probate or letters of       0845 3000 343. You can also use a Legal
administration.                                Aid eligibility calculator on the website:
phone: 0845 302 0900                           www.clsdirect.org.uk
There is also a list of probate registries
on the Courts Service website:
www.hmcourts-service.gov.uk/cms/1163.htm
Social Security
For more information about getting
financial help if the person who died did
not have enough money to pay for their
funeral, contact your local Social Security
office. It is listed in the phone book under
‘Job Centre Plus’. Ask for leaflet SB16.       The Legal Services Commission (LSC)

Law Society                                    The Community Legal Service and the
phone: 020 7242 1222                           Community Legal Service Fund are
www.lawsociety.org.uk                          managed by the Legal Services
                                               Commission. To find out more about
The London Gazette                             us visit our website at
phone: 0870 600 5522                           www.legalservices.gov.uk or find the
www.gazettes-online.co.uk                      details for your local Legal Services
                                               Commission office in the phone book.
Citizens Advice
Your local Citizens Advice Bureau is listed
in the phone book
www.citizensadvice.org.uk/cabdir.ihtml
The leaflets are also available online at: www.clsdirect.org.uk

   1    Dealing with Debt                               20   Education
   2    Employment                                      21   Immigration and Nationality
   3    Divorce and Separation                          22   Mental Health
   4    Renting and Letting                             23   Alternatives to Court
   5    Buying and Selling Property                     24   Family Mediation
   6    Losing your Home                                25   Veterans
   7    The Human Rights Act                            26   Domestic Violence, Abuse and Harassment
   8    Claiming Asylum                                 27   Living Together and your Rights if
   9    Welfare Benefits                                     you Separate
   10   Wills and Probate                               28   Dealing with Someone Else’s Affairs
   11   Dealing with the Police                         29   Care Proceedings
   12   No-win, No-fee Actions                          30   Neighbourhood and Community Disputes
   13   Problems with Goods and Services                31   Changing your Name
   14   Medical Accidents
                                                        Advice Guides
   15   Equal Opportunities
   16   Racial Discrimination                           G1 A Step-by-Step Guide to
   17   Personal Injury                                    Choosing a Legal Adviser
   18   Rights for Disabled People                      G2 A Step-by-Step Guide to Legal Aid
   19   Community Care

   The leaflets are also available in Welsh, Braille and Audio.
   To order any of these leaflets contact the LSC leaflet line on 0845 3000 343
   or email LSCLeaflets@ecgroup.uk.com or fax 020 8867 3225.




This leaflet is published by the Legal Services Commission
(LSC). It was written in association with Paul Elmhirst,
a solicitor specialising in wills and probate.




                                                                            LSC010E

Mais conteúdo relacionado

Semelhante a Legal Advice On Wills

How To Write A Will
How To Write A WillHow To Write A Will
How To Write A WillJVGAJJAR
 
7 things you should know about writing a will
7 things you should know about writing a will7 things you should know about writing a will
7 things you should know about writing a willAhmedTalaat127
 
Bequest Administration for Non-Profits
Bequest Administration for Non-ProfitsBequest Administration for Non-Profits
Bequest Administration for Non-ProfitsBeth McNally
 
Persuasive Speech On Estate Planning
Persuasive Speech On Estate PlanningPersuasive Speech On Estate Planning
Persuasive Speech On Estate PlanningClaudia Shah
 
Will Format- How to Write a Will.pdf
Will Format- How to Write a Will.pdfWill Format- How to Write a Will.pdf
Will Format- How to Write a Will.pdfyamunaNMH
 
The Case Of Philo Riggs Vs. Elmer E. Palmer
The Case Of Philo Riggs Vs. Elmer E. PalmerThe Case Of Philo Riggs Vs. Elmer E. Palmer
The Case Of Philo Riggs Vs. Elmer E. PalmerJill Crawford
 
Planning For Non Traditional Families
Planning For Non Traditional FamiliesPlanning For Non Traditional Families
Planning For Non Traditional FamiliesAlyssa Jefferson
 
Jewish Vs Diaspore
Jewish Vs DiasporeJewish Vs Diaspore
Jewish Vs DiasporeBeth Simner
 
How to be an Executor in Pennsylvania | Patti Spencer
How to be an Executor in Pennsylvania | Patti SpencerHow to be an Executor in Pennsylvania | Patti Spencer
How to be an Executor in Pennsylvania | Patti SpencerPatti Spencer
 
About Living Trusts
About Living TrustsAbout Living Trusts
About Living Trustsswilson18
 
Setting up a legacy campaign - legal issues
Setting up a legacy campaign - legal issuesSetting up a legacy campaign - legal issues
Setting up a legacy campaign - legal issuesGiving Centre
 
Essay On Joint Executors
Essay On Joint ExecutorsEssay On Joint Executors
Essay On Joint ExecutorsJessica Deakin
 
The Tax Falls On The Survivors
The Tax Falls On The SurvivorsThe Tax Falls On The Survivors
The Tax Falls On The SurvivorsJenny Mancini
 
What is a Power of Attorney in Connecticut?
What is a Power of Attorney in Connecticut?What is a Power of Attorney in Connecticut?
What is a Power of Attorney in Connecticut?Barry D Horowitz
 

Semelhante a Legal Advice On Wills (20)

How To Write A Will
How To Write A WillHow To Write A Will
How To Write A Will
 
7 things you should know about writing a will
7 things you should know about writing a will7 things you should know about writing a will
7 things you should know about writing a will
 
Bequest Administration for Non-Profits
Bequest Administration for Non-ProfitsBequest Administration for Non-Profits
Bequest Administration for Non-Profits
 
Persuasive Speech On Estate Planning
Persuasive Speech On Estate PlanningPersuasive Speech On Estate Planning
Persuasive Speech On Estate Planning
 
Will Format- How to Write a Will.pdf
Will Format- How to Write a Will.pdfWill Format- How to Write a Will.pdf
Will Format- How to Write a Will.pdf
 
The Case Of Philo Riggs Vs. Elmer E. Palmer
The Case Of Philo Riggs Vs. Elmer E. PalmerThe Case Of Philo Riggs Vs. Elmer E. Palmer
The Case Of Philo Riggs Vs. Elmer E. Palmer
 
Planning For Non Traditional Families
Planning For Non Traditional FamiliesPlanning For Non Traditional Families
Planning For Non Traditional Families
 
Why Have A Will
Why Have A WillWhy Have A Will
Why Have A Will
 
Jewish Vs Diaspore
Jewish Vs DiasporeJewish Vs Diaspore
Jewish Vs Diaspore
 
How to be an Executor in Pennsylvania | Patti Spencer
How to be an Executor in Pennsylvania | Patti SpencerHow to be an Executor in Pennsylvania | Patti Spencer
How to be an Executor in Pennsylvania | Patti Spencer
 
What is a will
What is a willWhat is a will
What is a will
 
A Brief Q & A on Probate
A Brief Q & A on ProbateA Brief Q & A on Probate
A Brief Q & A on Probate
 
About Living Trusts
About Living TrustsAbout Living Trusts
About Living Trusts
 
Setting up a legacy campaign - legal issues
Setting up a legacy campaign - legal issuesSetting up a legacy campaign - legal issues
Setting up a legacy campaign - legal issues
 
Debate Law Process
Debate Law ProcessDebate Law Process
Debate Law Process
 
Essay On Joint Executors
Essay On Joint ExecutorsEssay On Joint Executors
Essay On Joint Executors
 
What is a Probate Attorney & Do I Need One.pptx
What is a Probate Attorney & Do I Need One.pptxWhat is a Probate Attorney & Do I Need One.pptx
What is a Probate Attorney & Do I Need One.pptx
 
The Tax Falls On The Survivors
The Tax Falls On The SurvivorsThe Tax Falls On The Survivors
The Tax Falls On The Survivors
 
What is a Power of Attorney in Connecticut?
What is a Power of Attorney in Connecticut?What is a Power of Attorney in Connecticut?
What is a Power of Attorney in Connecticut?
 
Estate Planning
Estate PlanningEstate Planning
Estate Planning
 

Mais de legal1

No. Section Faq Question
No. Section Faq QuestionNo. Section Faq Question
No. Section Faq Questionlegal1
 
Insurance Accident Claim
Insurance Accident ClaimInsurance Accident Claim
Insurance Accident Claimlegal1
 
Accident Insurance Settlement
Accident Insurance SettlementAccident Insurance Settlement
Accident Insurance Settlementlegal1
 
Car Warranty Insurance Uk
Car Warranty Insurance UkCar Warranty Insurance Uk
Car Warranty Insurance Uklegal1
 
Medical Insurance Claims
Medical Insurance ClaimsMedical Insurance Claims
Medical Insurance Claimslegal1
 
Legal Forms Software
Legal Forms SoftwareLegal Forms Software
Legal Forms Softwarelegal1
 
Title Insurance Commitment
Title Insurance CommitmentTitle Insurance Commitment
Title Insurance Commitmentlegal1
 
Settling Insurance Claims
Settling Insurance ClaimsSettling Insurance Claims
Settling Insurance Claimslegal1
 
Step By Step Guide To Your Auto Insurnace
Step By Step Guide To Your Auto InsurnaceStep By Step Guide To Your Auto Insurnace
Step By Step Guide To Your Auto Insurnacelegal1
 
Small Business Info 1
Small Business Info 1Small Business Info 1
Small Business Info 1legal1
 
Smal Business Info
Smal Business InfoSmal Business Info
Smal Business Infolegal1
 
Personal Info Worksheet Public.Pub
Personal Info Worksheet Public.PubPersonal Info Worksheet Public.Pub
Personal Info Worksheet Public.Publegal1
 
Poughkeepsie Schools Info Poughkeepsie Schools Info Agreement Between The Boa...
Poughkeepsie Schools Info Poughkeepsie Schools Info Agreement Between The Boa...Poughkeepsie Schools Info Poughkeepsie Schools Info Agreement Between The Boa...
Poughkeepsie Schools Info Poughkeepsie Schools Info Agreement Between The Boa...legal1
 
Lega Info
Lega InfoLega Info
Lega Infolegal1
 
Mortgage Info
Mortgage InfoMortgage Info
Mortgage Infolegal1
 
Info On Starting A Small Business
Info On Starting A Small BusinessInfo On Starting A Small Business
Info On Starting A Small Businesslegal1
 
Info On Small Business Loans
Info On Small Business LoansInfo On Small Business Loans
Info On Small Business Loanslegal1
 
Info On Businesses
Info On BusinessesInfo On Businesses
Info On Businesseslegal1
 
Info Business
Info BusinessInfo Business
Info Businesslegal1
 
Info Informativo Attac Org De Agosto De Attac Info Blogspot
Info Informativo Attac Org De Agosto De Attac Info BlogspotInfo Informativo Attac Org De Agosto De Attac Info Blogspot
Info Informativo Attac Org De Agosto De Attac Info Blogspotlegal1
 

Mais de legal1 (20)

No. Section Faq Question
No. Section Faq QuestionNo. Section Faq Question
No. Section Faq Question
 
Insurance Accident Claim
Insurance Accident ClaimInsurance Accident Claim
Insurance Accident Claim
 
Accident Insurance Settlement
Accident Insurance SettlementAccident Insurance Settlement
Accident Insurance Settlement
 
Car Warranty Insurance Uk
Car Warranty Insurance UkCar Warranty Insurance Uk
Car Warranty Insurance Uk
 
Medical Insurance Claims
Medical Insurance ClaimsMedical Insurance Claims
Medical Insurance Claims
 
Legal Forms Software
Legal Forms SoftwareLegal Forms Software
Legal Forms Software
 
Title Insurance Commitment
Title Insurance CommitmentTitle Insurance Commitment
Title Insurance Commitment
 
Settling Insurance Claims
Settling Insurance ClaimsSettling Insurance Claims
Settling Insurance Claims
 
Step By Step Guide To Your Auto Insurnace
Step By Step Guide To Your Auto InsurnaceStep By Step Guide To Your Auto Insurnace
Step By Step Guide To Your Auto Insurnace
 
Small Business Info 1
Small Business Info 1Small Business Info 1
Small Business Info 1
 
Smal Business Info
Smal Business InfoSmal Business Info
Smal Business Info
 
Personal Info Worksheet Public.Pub
Personal Info Worksheet Public.PubPersonal Info Worksheet Public.Pub
Personal Info Worksheet Public.Pub
 
Poughkeepsie Schools Info Poughkeepsie Schools Info Agreement Between The Boa...
Poughkeepsie Schools Info Poughkeepsie Schools Info Agreement Between The Boa...Poughkeepsie Schools Info Poughkeepsie Schools Info Agreement Between The Boa...
Poughkeepsie Schools Info Poughkeepsie Schools Info Agreement Between The Boa...
 
Lega Info
Lega InfoLega Info
Lega Info
 
Mortgage Info
Mortgage InfoMortgage Info
Mortgage Info
 
Info On Starting A Small Business
Info On Starting A Small BusinessInfo On Starting A Small Business
Info On Starting A Small Business
 
Info On Small Business Loans
Info On Small Business LoansInfo On Small Business Loans
Info On Small Business Loans
 
Info On Businesses
Info On BusinessesInfo On Businesses
Info On Businesses
 
Info Business
Info BusinessInfo Business
Info Business
 
Info Informativo Attac Org De Agosto De Attac Info Blogspot
Info Informativo Attac Org De Agosto De Attac Info BlogspotInfo Informativo Attac Org De Agosto De Attac Info Blogspot
Info Informativo Attac Org De Agosto De Attac Info Blogspot
 

Último

The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...
The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...
The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...Brian Solis
 
Developing Coaching Skills: Mine, Yours, Ours
Developing Coaching Skills: Mine, Yours, OursDeveloping Coaching Skills: Mine, Yours, Ours
Developing Coaching Skills: Mine, Yours, OursKaiNexus
 
Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024Borderless Access
 
Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...
Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...
Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...IMARC Group
 
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for BusinessQ2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for BusinessAPCO
 
PDT 88 - 4 million seed - Seed - Protecto.pdf
PDT 88 - 4 million seed - Seed - Protecto.pdfPDT 88 - 4 million seed - Seed - Protecto.pdf
PDT 88 - 4 million seed - Seed - Protecto.pdfHajeJanKamps
 
Lecture_6.pptx English speaking easyb to
Lecture_6.pptx English speaking easyb toLecture_6.pptx English speaking easyb to
Lecture_6.pptx English speaking easyb toumarfarooquejamali32
 
Ethical stalking by Mark Williams. UpliftLive 2024
Ethical stalking by Mark Williams. UpliftLive 2024Ethical stalking by Mark Williams. UpliftLive 2024
Ethical stalking by Mark Williams. UpliftLive 2024Winbusinessin
 
To Create Your Own Wig Online To Create Your Own Wig Online
To Create Your Own Wig Online  To Create Your Own Wig OnlineTo Create Your Own Wig Online  To Create Your Own Wig Online
To Create Your Own Wig Online To Create Your Own Wig Onlinelng ths
 
Mihir Menda - Member of Supervisory Board at RMZ
Mihir Menda - Member of Supervisory Board at RMZMihir Menda - Member of Supervisory Board at RMZ
Mihir Menda - Member of Supervisory Board at RMZKanakChauhan5
 
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdfTalent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdfCharles Cotter, PhD
 
Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024Borderless Access
 
NASA CoCEI Scaling Strategy - November 2023
NASA CoCEI Scaling Strategy - November 2023NASA CoCEI Scaling Strategy - November 2023
NASA CoCEI Scaling Strategy - November 2023Steve Rader
 
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdf
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdfChicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdf
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdfSourav Sikder
 
The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003
The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003
The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003believeminhh
 
MoneyBridge Pitch Deck - Investor Presentation
MoneyBridge Pitch Deck - Investor PresentationMoneyBridge Pitch Deck - Investor Presentation
MoneyBridge Pitch Deck - Investor Presentationbaron83
 
TalentView Webinar: Empowering the Modern Workforce_ Redefininig Success from...
TalentView Webinar: Empowering the Modern Workforce_ Redefininig Success from...TalentView Webinar: Empowering the Modern Workforce_ Redefininig Success from...
TalentView Webinar: Empowering the Modern Workforce_ Redefininig Success from...TalentView
 
Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024Borderless Access
 
Building Your Personal Brand on LinkedIn - Expert Planet- 2024
 Building Your Personal Brand on LinkedIn - Expert Planet-  2024 Building Your Personal Brand on LinkedIn - Expert Planet-  2024
Building Your Personal Brand on LinkedIn - Expert Planet- 2024Stephan Koning
 
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdf
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdfGraham and Doddsville - Issue 1 - Winter 2006 (1).pdf
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdfAnhNguyen97152
 

Último (20)

The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...
The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...
The End of Business as Usual: Rewire the Way You Work to Succeed in the Consu...
 
Developing Coaching Skills: Mine, Yours, Ours
Developing Coaching Skills: Mine, Yours, OursDeveloping Coaching Skills: Mine, Yours, Ours
Developing Coaching Skills: Mine, Yours, Ours
 
Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024
 
Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...
Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...
Boat Trailers Market PPT: Growth, Outlook, Demand, Keyplayer Analysis and Opp...
 
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for BusinessQ2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
 
PDT 88 - 4 million seed - Seed - Protecto.pdf
PDT 88 - 4 million seed - Seed - Protecto.pdfPDT 88 - 4 million seed - Seed - Protecto.pdf
PDT 88 - 4 million seed - Seed - Protecto.pdf
 
Lecture_6.pptx English speaking easyb to
Lecture_6.pptx English speaking easyb toLecture_6.pptx English speaking easyb to
Lecture_6.pptx English speaking easyb to
 
Ethical stalking by Mark Williams. UpliftLive 2024
Ethical stalking by Mark Williams. UpliftLive 2024Ethical stalking by Mark Williams. UpliftLive 2024
Ethical stalking by Mark Williams. UpliftLive 2024
 
To Create Your Own Wig Online To Create Your Own Wig Online
To Create Your Own Wig Online  To Create Your Own Wig OnlineTo Create Your Own Wig Online  To Create Your Own Wig Online
To Create Your Own Wig Online To Create Your Own Wig Online
 
Mihir Menda - Member of Supervisory Board at RMZ
Mihir Menda - Member of Supervisory Board at RMZMihir Menda - Member of Supervisory Board at RMZ
Mihir Menda - Member of Supervisory Board at RMZ
 
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdfTalent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
 
Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024
 
NASA CoCEI Scaling Strategy - November 2023
NASA CoCEI Scaling Strategy - November 2023NASA CoCEI Scaling Strategy - November 2023
NASA CoCEI Scaling Strategy - November 2023
 
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdf
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdfChicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdf
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdf
 
The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003
The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003
The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003
 
MoneyBridge Pitch Deck - Investor Presentation
MoneyBridge Pitch Deck - Investor PresentationMoneyBridge Pitch Deck - Investor Presentation
MoneyBridge Pitch Deck - Investor Presentation
 
TalentView Webinar: Empowering the Modern Workforce_ Redefininig Success from...
TalentView Webinar: Empowering the Modern Workforce_ Redefininig Success from...TalentView Webinar: Empowering the Modern Workforce_ Redefininig Success from...
TalentView Webinar: Empowering the Modern Workforce_ Redefininig Success from...
 
Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024
 
Building Your Personal Brand on LinkedIn - Expert Planet- 2024
 Building Your Personal Brand on LinkedIn - Expert Planet-  2024 Building Your Personal Brand on LinkedIn - Expert Planet-  2024
Building Your Personal Brand on LinkedIn - Expert Planet- 2024
 
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdf
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdfGraham and Doddsville - Issue 1 - Winter 2006 (1).pdf
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdf
 

Legal Advice On Wills

  • 1. CLS Direct Information Leaflet 10 July 07 Wills and Probate Dealing with someone’s affairs when they die A free and confidential service paid for by legal aid 0845 345 4 345 www.clsdirect.org.uk
  • 2. When a person dies, someone has to deal with their affairs and decide what will happen to the things they owned. This leaflet explains what the law says about how this should happen. Why should I make a will? 3 What makes a will valid? 3 Who can be a witness? 3 What does an executor or administrator do? 4 What is probate? 4 Will I have to pay inheritance tax? 6 Who takes charge if there is no will? 7 Who gets the estate if there is no will? 9 What can I do if I think there is something wrong with the will? 10 What can I do if I think the will is unfair? 11 What if there isn’t enough money to pay for the funeral? 12 What if there isn’t enough money to pay the person’s debts? 12 Terms used in wills and probate matters 13 The leaflets in this series give you an outline of your legal rights. They are not a complete guide to the law, nor do they explain how the law will apply to you or to any specific situation. The leaflets are regularly updated, but the law may have changed since this was printed, so information in it may be incorrect or out of date. If you have a problem, you will need to get more information or personal advice to work out the best way to solve it. See ‘Further help’ on page 15 for sources of information and advice.
  • 3. Dealing with someone’s affairs when ‘mentally capable’ (which means they die is often distressing. But it can they fully understand what they are also seem difficult and confusing.This doing in writing their will); and can be made worse by the unusual at least 18 years old (though you words and expressions that are used can make a will if you are younger to describe who does what and the and on active military service). procedures when someone dies. See ‘Terms used in wills and probate The will must: matters’ on page 13 for explanations have been made without ‘undue of many of these words. influence’ (for example, without a threat from someone); Why should I make a will? be in writing; When you make a will, you can say how your funeral should be dealt with, and be signed by the person whose will what will happen to your possessions it is (the ‘will-maker’ or ‘testator’) and assets when you die. If you die and by two witnesses, who must all without making a will (called ‘dying be together at the signing (see ‘Who intestate’), it can be complicated to can be a witness?’ below); and work out who will get what. be dated when it has been signed. The Administration of Estates Act 1925 No amendments or additions should sets out who can apply to deal with be made after the will has been signed. your affairs if you die intestate (called ‘administering the estate’) and how Who can be a witness? your belongings are to be shared. But Any person who is over 18 can sign as a several people may have an equal right witness. However, the witnesses should to administer your estate (for example, not be people who benefit from the your children).When several people are will or who are appointed executors equally entitled to act as administrator, (or the husband or wife of one of these the usual rule is ‘first come, first served’. people). If you witness a will and you However, without a will, there may be are named as someone who will dispute or uncertainty. benefit from it, you will lose your right What makes a will valid? to that benefit when the person dies. For a person to make a valid will, they Special rules apply in certain situations. must be: For example, if a blind person or 3 Wills and Probate: Dealing with someone’s affairs when they die
  • 4. someone who can’t read or write wants value of the estate to the Capital Taxes to make a will, you should speak to an Office. (See ‘Will I have to pay adviser to find out more about this. inheritance tax?’ on page 6.) Even if See ‘Further help’ on page 15 for the executors believe there is no details of where you may be able to inheritance tax to pay, they must find an adviser. complete a form giving details of the assets and certain gifts made by the What does an executor or person who died. administrator do? The executors may have to deal with The executors are the people claims about unfair treatment if a appointed in a will to deal with the relative or someone who is a estate of the person who has died.An dependant of the person who has died administrator is the person who deals thinks that what they have been left in with the estate of a person who has the will isn’t fair, or that they have been died intestate (without a will).The left out unfairly (see ‘What can I do if I executor or administrator may both think the will is unfair?’ on page 11). be called a ‘personal representative’. If you are an administrator acting If a person has died leaving a valid will, where there is no will and you handle the executors can normally arrange all the matters personally (rather than the funeral straight away. However, using a solicitor), you will be personally there may be a delay, depending on liable (responsible) if you don’t follow how the person died. the ‘rules of entitlement’ (the rules The executors can also take charge of governing who gets what) correctly. the house and possessions of the For example, you cannot give more to person who has died unless it passes someone the dead person liked, or automatically to a joint owner (for refuse to pay the correct share to example, the person’s living husband someone the dead person disliked, or wife). But if there is a will, they must even if the dead person had discussed follow what it says. this before they died. The executors must then work out What is probate? whether they need to apply for probate. Probate (or more specifically ‘probate (See ‘What is probate?’ opposite.) of the will’) is an official form that gives If there is (or could be) inheritance tax the executors of the will the right to to pay, the executors must report the deal with the assets and property of 4 Wills and Probate: Dealing with someone’s affairs when they die
  • 5. the dead person.When you show the banks and building societies have probate form to a bank, for example, the right to insist on probate in they know they are dealing with the this case). person who has the right to handle the However, you will need to apply for estate, and they will allow you to probate if the person who died had: withdraw money from the dead person’s account. any bank, building society or National Savings accounts with When you apply for probate, you are more than £5,000 in them; promising the Probate Court that you will deal with (‘administer’) the estate stocks or shares; or as set out in the will and according to property or land (unless it is owned law. If you don’t do this, you will be in as a joint tenancy and so passes trouble with the court (and with the automatically to the other owner). people who should benefit from the will). Probate makes sure that the You may have to apply for probate if executors carry out their task properly. the person had any life insurance or term insurance policies that are paid When there is no will (or there are no to the estate. Some kinds of policy say executors named in the will or the that they will be paid straight to the executors have died), the official form beneficiaries of the policy (rather than is called ‘letters of administration’. to the estate), and you do not need Do I always need to get probate? probate for these. In some cases, you don’t need to apply You will have to apply for probate if for probate.This is when: the person who has died gave away large gifts or sums of money (which, the person who has died left very with the person’s other assets, total little (say, belongings and money more than a certain amount, called the amounting to less than £5,000); ‘nil rate band’) in the seven years everything they owned was held in before they died. If so, inheritance tax joint names with someone to whom must be paid on the amount over the their share passes automatically nil rate band. The amount of the nil (normally a husband or wife); or rate band is reviewed each year – see ‘Will I have to pay inheritance tax?’ on any bank or building society page 6. Even if these gifts were not accounts that the person had worth more than the nil rate band, contain less than £5,000 (though their value must be added to the Wills and Probate: Dealing with someone’s affairs when they die 5
  • 6. assets of the dead person, because the probate registry.The registry can send amount of inheritance tax is based on you information packs.These include the value of the estate plus the value probate application forms and of any gifts made in the seven years information on how to fill them in. before they died (excluding certain You can also talk to registry staff if annual allowances). you are having difficulty filling in a probate application. There is an important exception to the seven-year limit on gifts: if the person Will I have to pay inheritance tax? who died gave away their home but continued to live in it rent-free, its Whether or not you, as the executor, value will count towards the assets on have to pay inheritance tax out of the which inheritance tax must be paid, estate depends on: regardless of when they gave it away. how much the property and In most cases where there is no will belongings of the dead person you must apply for ‘letters of were worth when they died; administration’, which serve the same the value of any trust from which purpose as probate.You apply for a the dead person benefited; grant of letters of administration in the same way you would apply for the value of certain gifts the probate. However, as with probate, person made in the seven years you may not have to apply for letters before they died, or longer if they of administration if the person’s estate ‘reserved an interest’. (An example was not worth very much. of reserving an interest would be if they gave away their house on the How do I apply for probate? condition that they were allowed You may apply in person for probate or to live there free of charge or for letters of administration, or you may very low rent until they died.) instruct a solicitor, who can apply on If all these add up to more than a certain your behalf.You apply to: amount (called the ‘nil rate band’), the the Principal Registry (in London); or estate has to pay inheritance tax at 40 per cent on the sum of money above a district probate registry (in other this amount.The amount is reviewed cities and many large towns). every year. It is £300,000 for the year See ‘Further help’ on page 15 for the April 2007 to March 2008 and will rise number to call to find your nearest to £350,000 by April 2010. 6 Wills and Probate: Dealing with someone’s affairs when they die
  • 7. Not all gifts made within the seven- The cost of legal advice will be paid out year period have to be included in the of the estate. If you get the calculation tax calculations.All gifts between wrong without having taken advice husbands and wives are exempt from and you pay the beneficiaries without tax, as are those between same-sex paying the right amount of tax, you partners in a registered civil partnership may have to pay what is owed out of (see ‘Same-sex relationships’, opposite). your own pocket. You can also make exempt gifts in The executors or administrators are other ways, including: responsible for paying any inheritance a single gift of £3,000 each year; tax that is due out of the assets of the estate, and it is due six months after any number of ‘small gifts’ of under the end of the month in which the £250 each to different people; person died. Some or all of the gifts to charities or political parties; inheritance tax will have to be paid £5,000 to your child if they are before you can obtain probate or getting married; and letters of administration. gifts that can be described as Same-sex relationships ‘normal expenditure’ out of your Same-sex (gay or lesbian) couples income (which means, for who have registered their relationship example, that it would not reduce as a civil partnership have the same your standard of living). tax advantages as married couples. If you give away your house but Similarly, if a civil partnership breaks continue to live in it without paying a down, the couple face the same legal proper rent (called ‘reserving an problems as a married couple interest’), the value of the house will (though a legal separation is called a have to be included in the inheritance dissolution rather than a divorce). tax calculations when you die, even if you made the gift more than seven Who takes charge if there is no will? years before your death. If you, as next of kin (or someone else Inheritance tax is complicated, so you with similar powers), believe that should get specialist legal advice someone who has died has left a will, straight away if you are an executor but no one can find it, you can take and the Probate Registry tells you that steps to find out if they made one. you may have to pay inheritance tax. Wills and Probate: Dealing with someone’s affairs when they die 7
  • 8. These can be: with the same mother and father, or descendants of the brothers or sisters. searching the belongings of the person who has died for any 5. Their half-brothers or half-sisters evidence that they made a will (for (who had either the same mother or example, a letter from a solicitor); the same father) or their descendants. phoning or writing to solicitors 6. Their grandparents. and banks that the person might 7. Their uncles and aunts ‘of the whole have used; blood’ (this means brothers and applying to the Principal Probate sisters of their parents, as long as Registry to see if the person who they had the same mother and father died left their will there; and themselves) or their descendants. placing advertisements in 8. Their uncles and aunts ‘of the half newspapers and legal journals. blood’ (this means brothers and sisters of their parents if they had If there is no will, the person’s estate only the same mother or father) or will be shared out under the ‘rules of their descendants. intestacy’.These rules set out: 9. The Crown (the state) if there are no who deals with the estate; and relatives. who benefits from it. If several people have an equal right to The person who will deal with the deal with the estate (for example, estate is the closest living relative to brothers and sisters),letters of the dead person, chosen in this order: administration will normally be given to 1. The husband, wife or registered civil the first of these people who applies for it. partner of the person who has died However, there can be a problem when, (but not their unmarried or for example, the dead person has unregistered partners). several brothers or sisters who all want 2. Their children (aged over 18) or to be in charge of the funeral or their children’s descendants (for administration. If they cannot agree example, grandchildren, if they are about this themselves, they must apply over 18). to the Probate Court, which will decide who will take responsibility.This 3. The dead person’s parents. process is complicated and you would 4. The dead person’s brothers or sisters probably need help from a solicitor. 8 Wills and Probate: Dealing with someone’s affairs when they die
  • 9. Remember, too, that legal disputes (for example, the income or cost a lot of money and take time to interest if the money is invested, resolve.The costs will probably be but not the money itself). The taken out of the estate, if the court capital (the original amount) agrees to this. But otherwise, you risk passes to their children when the being left with a large bill. surviving husband or wife dies. The children of the deceased, including Who gets the estate if there is illegitimate and adopted children, no will? share between them: Any inheritance tax must be paid.After half what is left straight away, if that, all debts (including mortgages they are 18 or over; and and other loans) must be repaid , whether the dead person has made a the other half when the surviving will or not.After that, the parent dies. Administration of Estates Act 1925 Stepchildren get nothing (unless they sets out who gets what in every are named in a will).If one of the children situation where there is no will. Some has already died,leaving children of their of the more common situations are own,their share will pass to those as follows. children (that is,the grandchildren of the If there is a husband, wife or civil person whose estate is being dealt with). partner, but no other relatives If there is a husband, wife or civil The husband, wife or registered civil partner, and relatives (but no partner gets everything (but their children) unmarried or unregistered partner The husband or wife gets: gets nothing). the ‘personal chattels’ (see ‘Terms If there is a husband or wife and used in wills and probate matters’ children on page 13); The husband or wife gets: the first £200,000; and the ‘personal chattels’ (see ‘Terms half what is left. used in wills and probate matters’ on page 13); The parents of the dead person, or, if they have died, the brothers and sisters the first £125,000; and or their descendants, share the other a life interest in half of what is left half of what is left. Wills and Probate: Dealing with someone’s affairs when they die 9
  • 10. If there are children, but no living (this means brothers and sisters of husband, wife or civil partner the parents of the dead person who had only the same mother or The children share everything equally. father), or If one of the children has already died, leaving children of their own, those 7. the Crown (the state). children will share what their parent One common area of would have inherited if the parent had misunderstanding is over what been alive. If the children are under 18, happens when a person dies without a their share will be looked after by will, leaving children or brothers and personal representatives acting as sisters, but one of these children or trustees until they reach 18. brothers or sisters has already died, If there is no husband, wife, civil leaving children or grandchildren of partner or children their own. In this situation, those children or grandchildren will get the Everything will pass to the next share that their parent would have got, available group of relatives, in the had they been alive. same order as that for applying for letters of administration.This means: Similar rules apply so that, for example, where an uncle has already 1. the parents of the dead person; died leaving children, those children 2. brothers or sisters of the dead will get the share the uncle would have person who have the same mother got if he had been alive. and father, or their descendants; What can I do if I think there is 3. half-brothers or half-sisters (who something wrong with the will? had either the same mother or the same father), or their descendants; The most common reasons for a will not being valid are when: 4. grandparents; the person who made the will did 5. uncles and aunts ‘of the whole not get their signature witnessed; blood’ (this means brothers and sisters of the parents of the dead the witnesses were not together person, as long as they had the when the will was signed; or same mother and father the person who made the will got themselves), or their descendants; married after making their will. 6. uncles and aunts ‘of the half blood’ Also, if one of the witnesses is a 10 Wills and Probate: Dealing with someone’s affairs when they die
  • 11. beneficiary to the will,they lose the right anything that you specifically mention to what the will says they should have in the will as going to your former (though the rest of the will is still valid). husband, wife or partner is ignored. The rest of the will is still valid. You can lodge a ‘caveat’ at a probate registry to stop probate or letters of What can I do if I think the will is administration being granted if: unfair? you think there is something If you are unhappy because you have wrong with the will; or been left out of a will altogether or someone is applying for letters of because you have been left without administration when they don’t ‘reasonable financial provision’, you have the right. may be able to make a claim under the Inheritance (Provision for Family and However, you will need specialist legal Dependants) Act 1975. But you can do advice if you are in this position. this only if you are: Other reasons may make a will invalid, the husband, wife or civil partner including: of the person who has died; the person was not mentally capable the former husband or wife of the when they made the will; or person who has died, if you have they made the will under ‘undue not remarried or given up your influence’ from some other person. claim when you got divorced; It is difficult to prove that a will is a partner who lived with the invalid.You would normally need deceased for at least two years medical evidence to show a person immediately before the death; was not mentally capable when they a child of the person who has died; made their will, and you would need specialist legal help. a person who was treated as a child of the family by the person If you get married or register a civil who has died when they were partnership, your will automatically married (normally, a stepchild); or becomes invalid, unless you mention your forthcoming marriage or civil someone who was totally or partly partnership in the will. maintained (supported financially) by the person who has died. If you get divorced or dissolve your civil partnership after making a will, If you think you may be able to claim Wills and Probate: Dealing with someone’s affairs when they die 11
  • 12. against the estate because you are in page 15 for details of how to contact one of these groups,you should get legal them). advice.Claiming against an estate is complicated,and there is no guarantee What if there isn’t enough money to that a court will agree with your claim. pay the person’s debts? The result depends on the circumstances When someone dies,their debts don’t of the case.There are time limits and die with them.They have to be paid out other conditions you need to know of the person’s estate. about.You must lodge your application within six months of probate or letters of If you are administering an estate, you administration being granted.You could must make sure you have paid all the face a large bill if the court refuses your debts before you pay the beneficiaries. application or does not decide that the If you are not sure what the debts are, costs should come out of the estate. you need to advertise in the London Gazette and a local paper for anyone What if there isn’t enough money to who may have a claim on the estate, pay for the funeral? and then wait two months before paying the beneficiaries.The London By asking a funeral director to conduct Gazette is a weekly government the funeral,you make a contract publication that contains various legal agreeing to pay for the funeral.This notices (see ‘Further help’ on page 15 means that,if you are the executor or for its phone number).You could administrator,you should do this only become liable (responsible) for the after you have made sure that there is debts if you pay the beneficiaries enough money in the estate to pay for without having cleared all the debts the funeral.Otherwise,you should be first.You may also have to submit a tax willing to pay any part of the bill that return for the person who has died. won’t be covered by the estate. If there is not enough money to pay all If you need to arrange a funeral when the debts, they must be paid in a there is not enough money in the estate particular order: to pay for it and you are receiving a means-tested benefit,you may be 1. the funeral expenses and eligible for a Funeral Payment grant from ‘testamentary’ expenses (those to the Social Fund.For more information do with dealing with the will); about this,contact your local Social 2. any debt secured by a mortgage on Security Office (see ‘Further help’on property; 12 Wills and Probate: Dealing with someone’s affairs when they die
  • 13. 3. HM Revenue and Customs; parents who were unmarried), but not their stepchildren (unless they are 4. the Department of Work and specifically mentioned). Pensions, who deal with social security (you may have to refund Common-law spouse This term has any over-payment of benefits); no legal force, although a partner who lived with the person who died for two 5. unpaid pension contributions or years before their death might be able wages. to claim a share of the estate. If all the debts can be paid,but there isn’t Devise A gift of a house or land. enough money left to pay everything set out in the will,the legacies (those where Demise A lease of a house or flat. a specific amount is mentioned) will be Estate All the assets and property of paid first,and the other people the person who has died, including all mentioned will get what is left over. houses, cars, investments, money and If there is not enough to pay all the belongings. legacies,the people entitled to the Executor The person appointed in the legacies will get a proportion of what will to deal with the estate of a person they have been left,depending on how who has died. much money is available.The other people mentioned in the will,who are Inheritance tax The tax that may have supposed to get the remainder,will to be paid when the total estate of a get nothing. person who has died is more than a certain amount (currently £300,000). Terms used in wills and probate matters Intestate Without a will, or a person who dies without having made a will. Administrator The person who deals with (administers) the estate of a Issue All the descendants of a person person who has died intestate (children, grandchildren, great- (without a will). grandchildren and so on). Bequest A gift of a particular object Legacy A gift of money (usually a (for example, an item of jewellery). specific amount). Child In will or intestacy matters, the Letters of administration The children of the person who has died document issued to the administrators include adopted children and by the Probate Registry to authorise illegitimate children (children born to them to deal with the estate. Wills and Probate: Dealing with someone’s affairs when they die 13
  • 14. Life interest The right to receive the Probate registry A court within the income or benefit from a property or Family Division of the High Court capital sum (but not the capital sum which deals with probate and itself) for life. administration matters.The Principal Registry is in London and there are Minor A person under 18. district registries in other cities and Next of kin In will or intestacy some large towns. matters, the person entitled to the Real estate (realty) Land and estate when a person dies intestate buildings owned by a person. (without a will). Remainder man The person who gets Nil rate band The value of an estate the property or capital sum after the up to which inheritance tax is not death of the person holding a ‘life payable. interest’. Personal chattels Personal Residue What is left to share out after belongings, including jewellery, all the debts, inheritance tax and furniture, wine, pictures, books and specific bequests and legacies have cars (but not money, investments, been paid. property or business assets). Specific bequests Particular items Personal estate (personalty) All the gifted by the will.They may be called investments and belongings of a ‘specific legacies’. person apart from land and buildings. Testator A person who makes a will. Personal representative A general Testatrix is sometimes used to mean a term for administrators and executors. female will-maker. Probate of the will The document Will The document in which you say issued to executors by the probate what will happen to your money and registry to authorise them to deal with possessions on your death. the estate. Proving the will Making the application for probate to the probate registry. 14 Wills and Probate: Dealing with someone’s affairs when they die
  • 15. Further help The Community Legal Service Community Legal Service Direct The Community Legal Service has been Provides free information direct to set up to help you find the right legal the public on a range of common information and advice to solve legal problems. your problems. Call 0845 345 4 345 You can get help through a national network of organisations including If you qualify for legal aid, you can also Citizens Advice Bureaux, Law Centres, get free advice from a specialist legal many independent advice centres and adviser about benefits and tax credits, thousands of high street solicitors. All of debt, education, employment and these services meet quality standards set housing. You can also find a local legal by the Legal Services Commission. Look adviser or solicitor. for the Community Legal Service logo, Click www.clsdirect.org.uk to find shown below. out more. Many of the organisations offer some Probate registries or all of their services for free. If you There are probate registries in cities and cannot afford to pay for advice you may larger towns. The Probate and Inheritance be eligible for financial support through Tax Helpline will tell you where your the Community Legal Service Fund nearest registry is, and can also answer (Legal Aid). You can order leaflets about questions and send you information funding from the LSC Leaflet line on about applying for probate or letters of 0845 3000 343. You can also use a Legal administration. Aid eligibility calculator on the website: phone: 0845 302 0900 www.clsdirect.org.uk There is also a list of probate registries on the Courts Service website: www.hmcourts-service.gov.uk/cms/1163.htm Social Security For more information about getting financial help if the person who died did not have enough money to pay for their funeral, contact your local Social Security office. It is listed in the phone book under ‘Job Centre Plus’. Ask for leaflet SB16. The Legal Services Commission (LSC) Law Society The Community Legal Service and the phone: 020 7242 1222 Community Legal Service Fund are www.lawsociety.org.uk managed by the Legal Services Commission. To find out more about The London Gazette us visit our website at phone: 0870 600 5522 www.legalservices.gov.uk or find the www.gazettes-online.co.uk details for your local Legal Services Commission office in the phone book. Citizens Advice Your local Citizens Advice Bureau is listed in the phone book www.citizensadvice.org.uk/cabdir.ihtml
  • 16. The leaflets are also available online at: www.clsdirect.org.uk 1 Dealing with Debt 20 Education 2 Employment 21 Immigration and Nationality 3 Divorce and Separation 22 Mental Health 4 Renting and Letting 23 Alternatives to Court 5 Buying and Selling Property 24 Family Mediation 6 Losing your Home 25 Veterans 7 The Human Rights Act 26 Domestic Violence, Abuse and Harassment 8 Claiming Asylum 27 Living Together and your Rights if 9 Welfare Benefits you Separate 10 Wills and Probate 28 Dealing with Someone Else’s Affairs 11 Dealing with the Police 29 Care Proceedings 12 No-win, No-fee Actions 30 Neighbourhood and Community Disputes 13 Problems with Goods and Services 31 Changing your Name 14 Medical Accidents Advice Guides 15 Equal Opportunities 16 Racial Discrimination G1 A Step-by-Step Guide to 17 Personal Injury Choosing a Legal Adviser 18 Rights for Disabled People G2 A Step-by-Step Guide to Legal Aid 19 Community Care The leaflets are also available in Welsh, Braille and Audio. To order any of these leaflets contact the LSC leaflet line on 0845 3000 343 or email LSCLeaflets@ecgroup.uk.com or fax 020 8867 3225. This leaflet is published by the Legal Services Commission (LSC). It was written in association with Paul Elmhirst, a solicitor specialising in wills and probate. LSC010E