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  Wills - Frequently Asked Questions  
 

Q. Why do I need a Will?

A. A Will is an important document that will ensure that your wishes are carried out when you die. You can determine who is to benefit from your estate, minimize the impact of Inheritance Tax and where you have minor children appoint guardians.


Q. How much will it cost?

A. This depends upon your circumstances. However, we believe that you will be surprised at the cost involved. Our dedicated probate team can provide you with a quotation.


Q. Am I too young to make a Will?

A. No you are never too young to make a Will. Every person over the age of 18 should have one.


Q. I am going on holiday tomorrow, can you prepare me a Will in time?

A. Depending upon your circumstances and requests we will do our utmost to ensure you enjoy your holiday knowing that your affairs are in order.


Q. Why is probate needed when there is a Will?

A. It is a common misconception that where there is a will that probate is not required. Depending upon the value of your estate and the nature of the assets within the same probate will always be required.


Q. What is probate?

A. Probate is a court document that confirms the legal authority and standing of the Executor to deal with and administer your estate.


Q. Does everything have to be sold?

A. This depends upon the circumstances of the estate and the terms of the Will. We will advise you more fully once we have full details of the estate assets.


Q. How long will probate take?

A. This depends entirely upon the nature and complexity of the estate. It is not unusual for an estate to take in excess of 3 months to administer.


Q. Will I have to pay Inheritance Tax?

A. This depends entirely on the value of the estate. All assets within the estate including jointly owned assets will have to be valued and if the value of the same exceeds the current nil rate band (for 2004-05 £275,000.00) then Inheritance Tax is payable on every pound in excess of £275,000.00 at the current rate of 40%.


Q. I do not agree with the Will, can it be changed?

A. This will depend upon the circumstances of the estate and the beneficiaries to the same. In some circumstances a Will can be changed by way of a Deed of Variation.


 
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