Our friendly team of experienced professionals offer a tailored approach to your requirements. From planning for the future to dealing with the death of a loved one, Rogers & Norton provide a sensitive and personalised service.
Wills
Recent research suggests that many adults don’t have a Will. Whatever the reasons for not having one, there are numerous considerations for putting one in place. A Will enables you to decide who you want to deal with your property and possessions and how they should be dispersed upon your death.
If you don’t have a Will, Intestacy Rules will apply to your estate. These basic principles were established with the aim of ensuring spouses and children were taken care of in the event of a loved-one’s death. However, the rules don’t account for more contemporary familial set-ups. Unmarried partners and stepchildren for example, are unlikely to be immediate recipients under Intestacy Rules.
To ensure your estate is managed in the way that you want it to be, it’s crucial to entrust the preparation of your Will to a suitably qualified professional. The team at Rogers & Norton are experienced in tailored and effective Will-writing. They can take you through the various options surrounding Tax and Estate Planning to prepare a Will that is appropriate to you and your wishes.
This may mean writing Trusts into your Will. The inclusion of Trusts can provide greater flexibility for your family, make provision for vulnerable loved ones and act as a tax or estate-planning tool.
A Will made under the Mental Capacity Act for someone who has lost capacity is referred to as a Statutory Will. An application can be made to the Court of Protection to gain approval for either a new Will or to change an existing one. If the Court of Protection believes the changes to be in the best interests of the person who lacks mental capacity, they will approve it.
Estate Administration and Probate
Dealing with a deceased loved-one’s financial affairs can be a daunting prospect. If you are named as an Executor in their will or are entitled to act as an Administrator of their estate, it can be beneficial to seek professional guidance and assistance to understand the requirements and responsibilities of your role.
The team at Rogers & Norton can obtain a Grant of Probate or Letters of Administration, account for Inheritance Tax, gather the deceased’s assets, settle debts and distribute the estate on your behalf. From advising on initial steps to providing a complete Estate Administration service, Rogers & Norton offer as much or as little help and practical support as you need.
FAQs
1. Do I need a solicitor to apply for probate, or can I do it myself?
You do not have to use a solicitor to apply for probate. If you are the executor named in a valid Will, you can apply for a Grant of Probate yourself online or by post. If there is no Will, the person entitled to administer the estate can usually apply for Letters of Administration.
However, probate and estate administration can involve complex issues, particularly where there is Inheritance Tax to consider, property to deal with, a business interest, trusts, overseas assets or uncertainty about the Will. A solicitor can help you understand your responsibilities, deal with the necessary tax reporting and administer the estate correctly.
At Rogers & Norton, we can provide as much or as little assistance as you need, from guidance with the initial probate application through to the full administration and distribution of an estate.
2. How much does it cost to make a Will with Rogers & Norton?
The cost of making a Will depends on your individual circumstances and the complexity of the advice and arrangements required. Rogers & Norton does not publish a single fixed price because each Will is tailored to the individual.
You can complete our online Will questionnaire with your basic information. Once we receive it, we will provide details of the fees involved within 24 working hours and discuss the next steps with you. If you would prefer to discuss your circumstances in person, you can contact our team directly.
A straightforward Will may be relatively simple, while more complex circumstances such as trusts, business assets, Inheritance Tax planning or provisions for vulnerable beneficiaries may require additional advice. Our aim is to provide a cost-effective and tailored service based on your circumstances.
3. What happens if I die without a Will?
If you die without a valid Will, you are said to have died intestate. Your estate will then be distributed according to the statutory Intestacy Rules rather than according to your personal wishes.
The rules determine which relatives inherit and how much they receive. For example, a surviving spouse or civil partner may inherit the whole estate where there are no children, while where there are children, the estate may be divided between the spouse or civil partner and the children, depending on the circumstances.
Importantly, an unmarried partner does not automatically inherit under the Intestacy Rules, even if they have lived with the deceased for many years. Stepchildren and other loved ones may also not inherit automatically.
Making a Will allows you to choose who inherits your estate, appoint executors to deal with it and, where appropriate, make arrangements for children, vulnerable beneficiaries and other loved ones.
4. How long does the probate process usually take in Norfolk?
Once a probate application has been submitted, GOV.UK currently states that you will usually receive the Grant of Probate within 12 weeks, although it can take longer if further information is required.
The Grant of Probate is only one stage of administering an estate. The overall process can take considerably longer because the executor may need to identify and value assets, deal with Inheritance Tax and other liabilities, sell or transfer property, settle debts and distribute the estate to the beneficiaries.
At Rogers & Norton, our solicitors can assist with the probate application and the wider administration of an estate, including calculating and reporting Inheritance Tax, gathering assets, settling liabilities and distributing the estate.
5. Can I change my Will after it’s been signed?
Yes, but you should not simply write on or amend a signed Will. Once a Will has been signed and witnessed, changes need to be made formally.
For a relatively minor change, you may be able to make a codicil, which must be signed and witnessed in the appropriate way. For more substantial changes, it is generally advisable to make a new Will or update the current Will with a professional.
It is sensible to review your Will regularly and whenever there is a notable change in your circumstances, such as marriage, divorce, the birth of a child, a change in your financial circumstances or the death of an executor or beneficiary. GOV.UK recommends reviewing your Will every five years and after major life changes.
6. What’s the difference between an executor and an administrator?
An executor is the person appointed in a valid Will to deal with the deceased person’s estate. Their responsibilities can include applying for the Grant of Probate, dealing with debts and taxes and distributing the estate in accordance with the Will.
An administrator performs a similar role where there is no valid Will, or where the circumstances mean that an administrator needs to be appointed. The person entitled to administer the estate can apply for Letters of Administration. Usually, the closest qualifying relative will apply.
In both cases, the person dealing with the estate has important legal responsibilities and may be personally responsible for losses caused by failing to administer the estate correctly.
7. Can I write my own Will or use an online template?
Yes. You can write your own Will, and there are online Will-writing services and templates available. However, using a template does not necessarily mean that the resulting Will is suitable for your circumstances or that it has been executed correctly.
For a Will to be legally valid in England and Wales, it must meet specific requirements. For example, it must be in writing, made voluntarily by someone with the required mental capacity, signed by the person making the Will and witnessed by two people in accordance with the legal formalities.
A straightforward estate may appear simple, but issues such as property ownership, second marriages, children from previous relationships, business interests, trusts, overseas assets and Inheritance Tax can make Will planning more complicated.
A solicitor can help ensure that your Will reflects your wishes and that important legal and tax considerations have been considered.
8. Does getting married or divorced affect my Will?
Yes, marriage can have a significant effect on your Will. In England and Wales, marriage generally automatically revokes a previous Will.
Divorce is different. Divorce does not automatically cancel the entire Will. Instead, provisions relating to your former spouse are generally treated as though they had died before you. This can affect gifts and appointments made in favour of your former spouse.
For this reason, you should review your Will following marriage, divorce or the end of a civil partnership. If you are getting married, it is particularly important to make sure that your Will has been prepared correctly in contemplation of the marriage where appropriate.
Have more questions about Wills, Trusts or Probate?
If you have a question about making a Will, estate planning, trusts or probate that we have not answered above, our experienced Wills, Trusts and Probate solicitors in Norfolk can help.
Whether you are making your first Will, reviewing an existing Will, planning for the future or dealing with the estate of a loved one, our team can provide clear, practical legal advice tailored to your circumstances.
Contact Rogers & Norton today to discuss your requirements and find out how our experienced solicitors can help you protect your wishes, plan for the future and navigate the probate process.
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