Wills, Probate and Elderly Client Services

Barwells, the Law Society and Consumer Groups agree that all adults, however old or young, should make a Will to ensure that their property passes to their chosen beneficiaries upon their death. Without a Will, the laws of intestacy decide who should inherit your assets, which will often not be people you might have chosen yourself.  Making a Will is usually quite simple, but Barwells can guide you through any problems that might arise.

We offer a Wills service tailored to your needs. We offer a fixed fee prices for Wills starting from £305 + VAT. We will advise on choosing the right Executors, discuss beneficiaries, funeral wishes, guardians for children and various “what if” scenarios. For those whose circumstances require a more detailed approach, an individual price will be agreed. In either event you will be advised by an experience Will Practitioner, who will prepare your well after an interview when you will have the opportunity of explaining your specific requirements. We will be happy to retain the original of your new Will in our strong room without charge.

Barwells understands that suffering a bereavement is a difficult time. We approach our work in a sensitive and professional manner, dealing expertly with Estates of all sizes. We can advise on Inheritance Tax issues and deal with the Estates where there is no Will (known as intestacy). We will also advise on possible variations to the gifts in a Will or on intestacy to address changes that the Beneficiaries may wish to make or to affect Inheritance Tax savings.

A Trust is often seen as a complex area of law, which only affects “other people”. This is not necessarily the case and indeed in one way or another, we are all affected by Trusts. The Trust is simply a procedure whereby one person (the legal owner) holds property on Trust for another person or persons who are entitled to the benefit of such property. Trusts do not need to be complicated, can be quite inexpensive and can result in substantial tax savings, or help with family or care home planning.  A Trust may be designed to protect the interests of young children, the elderly or infirm.

Barwells firmly believe that every adult has the right to manage their personal finances & affairs and make decisions about their own health. However, we must all recognise that our ability to manage may diminish with advancing years or ill health.. Problems may arise if we do not make appropriate preparations.

We can assist in a number of practical ways to help you prepare for this eventuality. One example is choosing someone to take a Lasting Power of Attorney (LPA) to enable them to assist you during your lifetime in the management of your financial affairs. It’s never too early to consider this, we encourage our clients to make an LPA at an early stage as an insurance policy for the future.

If you do not have close relatives or friends to appoint, one or two of the Directors of Barwells can become your Attorneys to look after your affairs if and when the time comes.

Barwells have a fixed tariff for making an LPA, which is displayed on this website or could be sent to you on request.

We can also assist where a person has become mentally or physically incapacitated but has not made an LPA (called a “Deputyship” application). This can include the involvement of the Office of the Public Guardian.

Estate planning is essential to ensure that your wealth and assets are protected for your loved ones.  Our experienced team of estate planning solicitors can advise and assist you in relation to structuring your financial affairs to ensure that your estate passes on to whom you intend, in the most tax efficient way possible.

If you would like to discuss any of our services, please contact your local Barwells office to have a chat with one of our specialist solicitors.

Seaford – 01323 875025
[email protected]

Eastbourne – 01323 435473
[email protected]

Hailsham – 01323 814019
[email protected]

Newhaven – 01273 511082
[email protected]

Peacehaven – 01273 582271
[email protected]

A professionally drafted Will provides you with peace of mind, it enables you to say:

• How your property, possessions and savings should be shared out when you die
• Who should handle those affairs – your Executors
• Who will look after your children as guardian
• Who would look after any pets you may have
• What should be put in Trust for your young or disabled beneficiaries
• Enables you to say any funeral wishes you would like

Our solicitors will listen to your requirements, give you practical advice as to the best options for your situation and then draft a legally binding Will. We offer home appointments for disabled or vulnerable clients. We also offer the option of video call appointment.

What type of Will do I need

We offer three different types of will, each of which is then tailored to your particular circumstances by our expert lawyers.

Many people want a smart and efficient way to pass on their wealth. Put simply, they are concerned about how much of their money will get lost in inheritance tax and want to know that their loved ones are going to benefit. At Barwells, we can show you the different ways to pass on your wealth effectively, from using your tax allowances, to making financial gifts in your lifetime.

Arrange an appointment with your local Barwells office and begin planning for your family’s future today. Call us on 01323 899331 today.

If you would like to discuss any of our services, please contact your local Barwells office to have a chat with one of our specialist solicitors.

We approach our work in a sensitive and professional manner, dealing expertly with Estates of all sizes. We can help with the Estates where there is no Will (known as intestacy). We will also advise on possible variations to the gifts in a Will or on intestacy to address changes that the Beneficiaries may wish to make or to affect Inheritance Tax savings.

In our full Probate service we will:

• Obtain Grant of Probate and deal with all assets, investments & liabilities
• Calculate and deal with payment of any Inheritance Tax due, including any opportunities to reduce the amount payable.
• Prepare full Estate accounts detailing all transactions for the beneficiaries and tax authorities

Whatever your situation, we can guide you through the process. We keep things simple. We promise to keep in regular contact with you and will always use plain English.

For free initial advice and legal guidance for Executors following a bereavement, please contact your local Barwells office:

Applying for the Grant, collecting and distributing assets and all related issues to include but not limited to:

• Registering death and dealing with all correspondence with all institutions where investments are held, or debts owed. Closing and receiving funds and obtaining the necessary income details for tax purposes.
• Prepare the Inheritance Tax return and calculate all inheritance due from the Executors Oath and submit to HMRC/Probate Registry if appropriate in order to obtain a Grant of Probate.
• Consider and advise on Inheritance Tax saving opportunities, liabilities and mitigation of Council Gains Tax.
• Collect funds on behalf of the Estate to avoid Executors having to open up an Executors account
• Prepare and submit income tax returns for the period up to the date of death and during the administration as appropriate.
• Prepare and submit full estate accounts detailing all transactions during the administration of the Estate for the residual beneficiaries.
• Provide professional expert guidance throughout the administration together with risk management advice (specialist property insurance if it is unoccupied).
• Report to Executors and beneficiaries at key stages throughout the administration and answer any related queries.

We would normally estimate that our costs with dealing with all the above would be in the region of 3% of the value of the Estate. The exact cost will depend on the individual circumstances. We offer a fixed fee calculator that takes into account all the unique variables of an Estate and gives a fixed fee quote. Please contact us to discuss your personal matter so we can give you a tailor made fixed cost quote. We offer a free initial consultation with the Executors of an Estate to talk through their responsibilities and at that time can take details so we can offer a quote.

The exact cost will depend on the individual circumstances of the matter.

We will handle the full process for you. This example is for estates where:

• There is a valid Will
• There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
• There are no claims made against the estate

Disbursements (3rd party costs) not included in this fee:

• Probate application fee of £300, in most cases
• £250 cost for post in The London Gazette & local newspaper – protects against unexpected claims from unknown creditors. Not applicable in every case

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Potential additional costs

If there is no will or the estate consists of any share holdings (stocks and bonds) there are likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information.
Dealing with the sale or transfer of any property in the estate is not included.
Dealing with any matters not anticipated in our quotation e.g. there may be disputes between beneficiaries or complex Inheritance tax complications

How long will this take?

On average, estates that fall within this range are dealt with within 6-9 months. Typically, obtaining the grant of probate takes 4-8 weeks. Collecting assets then follows, which can take between 4-8 weeks (this does depend on any delays the Probate Registry are experiencing), at which time payments are made to beneficiaries in the Will. Once this has been done, we can finalise the tax affairs and prepare full estate accounts.

Probate
We can help you through this difficult process by obtaining the Grant of Probate on your behalf. So you can then deal with the Estate
How much does this service cost?
Fixed fee: from £1,100(+ VAT & disbursements) if the Estate is not taxable for Inheritance tax purposes.
From: £2,500(+VAT & disbursements) if the Estate is taxable for Inheritance tax purposes (IHT400)
Plus an extra fee if we are required to obtain information from asset holders. This will be given upon request when we are aware of what is required.
This includes: obtaining the Grant, the court application and the required Inheritance tax forms
Breakdown of costs:
Disbursements
• Probate court fee of £350 approximately
Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
As part of our fixed fee we will:
• Provide you with a dedicated and experienced probate practitioner to work on your matter
• Identify the legally appointed executors or administrators and beneficiaries
• Accurately identify the type of Probate application you will require
• Obtain the relevant documents required to make the application
• Complete the Probate application and the relevant HMRC forms
• Draft a legal oath for you to swear
• Make the application to the Probate court on your behalf
• Obtain the Probate and securely send sealed copies to you
Typically, obtaining the grant of probate takes 4-8 weeks

For free initial advice and legal guidance for Executors following a bereavement, please contact your local Barwells office:

Seaford – 01323 875025
[email protected]

Eastbourne – 01323 435473
[email protected]

Hailsham – 01323 814019
[email protected]

Newhaven – 01273 511082
[email protected]

Peacehaven – 01273 582271
[email protected]

A Lasting Powers of Attorney (LPA) is a legal document by which you appoint someone whom you trust (your Attorney) to make decisions on your behalf during your lifetime about things such as your healthcare or finances.  Unlike an ordinary Power of Attorney, an LPA remains valid even if you become mentally incapable through accident, illness or mental confusion.

Your Spouse, Registered Civil Partner, children or next of kin do not automatically have any legal authority to handle your financial or personal affairs.  You can authorise them to do specific things on your behalf but if you become unable to give instructions, or to sign, they will not have the authority to continue to handle your affairs or make important decisions if you lose capacity.  In that event, if you have not made an LPA, your nearest and dearest may have to apply to the Office of the Public Guardian for appointment as your Deputy.

The benefit of making an LPA now is that if at some stage in the future you suddenly become ill and cannot deal with your own affairs, your Attorney(s) will be able to step in and deal with your affairs on your behalf.  In order for the LPA to be valid, you have to be capable of understanding its nature and effect, so it must be made while you are still mentally alert when you sign it.

There are different types of LPAs depending on what areas of your life you would like an attorney to have control of. To be valid, an LPA must be registered with the Office of the Public Guardian.

At Barwells we can help with all aspects of creating an LPA – from choosing an attorney and deciding what type of LPA is right for you to correctly registering the documentation.

LPA/Deputyship Application: If someone has lost mental capacity and does not have an LPA in place then a Deputyship Application will be required to manage their affairs. Barwells can help navigate this sometimes-tricky application. An appointed Attorney or Deputy has the responsibility of dealing with difficult decisions such as:-

• Selling a Property
• Investing/Reinvesting funds
• Maximising the efficiency of the Assets
• Paying for Care Fees
• Claiming available allowances and benefits (where applicable)

If you would like to discuss any of our services, please contact your local Barwells office to have a chat with one of our specialist solicitors.

Established since 2017, the Trust Registration Service (TRS) stated that all UK Express Trusts liable to pay UK tax were required to register. The (TRS) was set up in 2017 as part of Anti-Money Laundering Regulations and to satisfy the requirements of The Money Laundering and Terrorist Financing and Transfer of Funds Regulations.
New rules were introduced on the 6th October 2020 to extend the scope of the trust register to all UK and some non-UK trusts, with some specific exclusions, regardless of whether the trust has a liability to tax.
Non-taxable trusts in existence on or after the 6th October 2020 are required to register by the 1st September 2022. This also includes Trusts that were open on or after the 6th October 2020 but have since closed.
Non-taxable trusts created after the 1st September 2022 are required to register within 90 days of creation.
In addition, changes to the trust details and/or circumstances must be updated within 90 days of the change.
It is the Trustees responsibility to declare the full and correct Trust information to HMRC. Whilst HMRC will require one “Lead Trustee” as the point of contact, it will remain all the Trustees responsibility to ensure that the correct information is provided. If that information is incorrect, all Trustees could be liable for HMRC imposed penalties.
If you are a Trustee, Settlor or Beneficiary of a Trust we suggest that you contact us to discuss the new regulations and requirements. Barwells can assist with general advice on the Trust Registration Service or register the Trust on your behalf.
If you wish to discuss this matter any further, please contact Sophie Maloney, Rebecca Murdock or Joanna McCarthy on 01323 814010 / 01323 899331 or via email [email protected]

As the worry of paying for care in older age becomes a greater issue, so does the anxiety about who will be able to manage our finances and ensure all assets are correctly and efficiently handled. When an individual can no longer manage their own affairs, whether it be through physical or mental illness, it is essential to have an Attorney or Deputy who can act in their place. An appointed Attorney or Deputy then has the responsibility of dealing with difficult decisions such as:-

Selling a Property

Investing/Reinvesting funds

Maximising the efficiency of the Assets

Paying for Care Fees

Claiming available allowances and benefits (where applicable)

While in most circumstances, these tasks are best dealt with by family and friends, where not possible, we can assist with some or all of these tasks on your behalf.

If you would like to discuss any of our services, please contact your local Barwells office to have a chat with one of our specialist solicitors.

Estate planning is essential to make sure your wealth is protected for you and your family. By structuring your assets in a tax-efficient way, you can make sure everyone is provided for in the future.

Our solicitors can help with estate planning services like:

• Wills – advising on, drafting and executing
• Inheritance tax planning – ensuring your loved ones receive the full benefit of your estate
• Trusts – setting up and administering trusts to manage money, property or investments for specific people or purposes
• Wealth management – advising on investments and wealth-holding structures
• Planning for care home fees – ensuring your assets aren’t depleted in later life

Barwells offers a full range of legal and tax expertise you need to help you plan effectively for the future. We’re experienced in dealing with complex estates.

Estate planning is not just about reducing tax. It’s about giving you peace of mind for the future, knowing you’ll have enough after retirement and your loved ones will have the financial support they need.

If you would like to discuss any of our services, please contact your local Barwells office to have a chat with one of our specialist solicitors.