For further information on the other services that we offer apart from Wills, Will Trusts, Lasting Powers of Attorney and Funeral Plans, please use the links below.
If your Will ever falls into the wrong hands, this person may destroy your Will to make a claim on your estate through the courts!
1. Your Will and any other relevant legal documents, such as Lasting Powers of Attorney or property deeds can be stored in waterproof wallets in a specialist document storage archive.
2. While your documents are with National Will Safe they are fully insured against loss or damage. If anything happens to your documents, they will be recreated and replaced to you free of charge.
3. If your Will is lost or damaged after your death, or its loss or damage only comes to light after your death, then your Executors are insured for up to £2million to compensate your estate and it’s beneficiaries.
4. You can access your documents at any time – free of charge. These documents can be returned to your executors, attorneys or to you, using an insured delivery service.
5. All location of your documents are automatically recorded on the National Wills Register.
Certainty is the longest-established and by far the largest register in the UK. Thousands of Will writing professionals and the public use Certainty to register Wills and search for Wills prior to distributing the estate. Registering your Will is an essential part of the Will making process and you should ensure you do so with a long-standing register with impeccable credentials.
Certainty Will Search is proven to reduce the risk of distributing an estate during probate on an assumed intestacy basis or when a Will or later Will may exist. There are many reasons why a Will may have been forgotten about, maliciously destroyed, or where an unknown later copy exists. Certainty Will Search provides a recommended and accredited search process that searches for registered and unregistered Wills to understand if a Will or later Will exists.
Certainty Will Registration is also proven to protect the Testator's beneficiaries by ensuring, through Certainty Will Registration, their Will can be found and their last wishes adhered to. Certainty does not disclose the existence of a Will or need to see a copy of it to register it. The existence of a Will is disclosed by the 'holder' (solicitor, etc) after a death has been confirmed by way of a death certificate.
In excess of seven million Wills are now in the system and continues to grow daily.
If your estate is over five thousand pounds, before it can be collected for distribution, a Grant of Probate must be obtained. This means the will must be formally recognised at the local Probate Registry. Banks, building societies, and insurance companies will often insist on seeing a Grant of Probate before they pay out and your house will not be able to be sold.
If your estate is worth more than £325,000 it may be liable to Inheritance Tax and you would be wise to enlist the help of a professional. If you are acting as an Executor in a will then you are personally liable for any debts, so professional advice is essential.
We are able to arrange a free appointment with one of our associates at your home in order to assess your particular situation. During this visit you will be advised how to proceed on your own should you feel able to, or they can give you an all-inclusive price to administer the estate on your behalf.
Their price is not an hourly rate, but a total fixed price to deal with all aspects of the estate. There are no deposits, and their fee is payable from the estate at the end of administration, which ensures that we will not delay in our administration. They will then take away all relevant documents and begin correspondence, providing you with regular updates until they have finalised all aspects of the estate administration.
Obtain copies of the death certificate.
Most banks and building societies will pay the funeral bill before probate is granted. When you ask our associates to deal with the legal process, they can usually get the funeral paid from the deceased’s own bank or building society, avoiding relatives having to pay from their own funds.
This will usually involve a visit to the court where you will be required to swear an oath. If you ask our associates to deal with this on your behalf, you will not be required to attend court.
This will be used for the receipt of money due to the Estate and any loan arranged to pay an Inheritance Tax bill and/or probate fees.
Banks, building societies, life assurance companies, employers, local authorities, HMRC, and benefit agencies will all need to be informed.
This will include the house and its contents, other personal effects, investments in savings plans, equities, life policies, building societies etc. Draw up a detailed schedule of all the deceased's assets.
If you are acting as an Executor in a will, then you are personally liable for any debts, so professional advice is essential.
These will include mortgages, income and capital gains taxes, bills, credit cards, loans, and overdrafts.
This includes forms required by the HMRC Capital Taxes Office so that it can be established whether any Inheritance Tax is due.
These must be filled in and sent or taken to the Probate Office along with the original will, the death certificate and the HMRC account.
When inheritance tax is due, the executor's account of the estate is passed to the HMRC and the Grant of Probate cannot be issued until the tax is paid. There will be circumstances where part of the Estate has to be sold to pay Inheritance Tax and if this is the case banks can arrange loan facilities to pay the tax straight away. Please note: There are occasions where Inheritance Tax can be mitigated. This is a highly specialised field of legal and financial expertise, contact us to obtain guidance if an estate is over £325,000 (Current Inheritance tax threshold).
Copies of the Grant of Probate should be sent to everyone who owes money to the estate. both accounts, insurance policies, shares, property, and other savings and assets will need to be collected in, sold, or transferred to beneficiaries.
Any outstanding bills will need to be settled, such as credit cards, loans, mortgages, and all utilities e.g. gas, electricity, council tax and water rates paid.
When the Grant of Probate is received, the estate can be divided according to the terms of the Will. The Executor must prepare and sign accounts showing who has received what from the distribution. They must be able to show that they acted in accordance with the terms of the Will in case there is any dissent from the family of the deceased.
All papers, including the Grant of Probate and the accounts, must be stored safely for a period of 12 years.