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What is Probate?

When a person dies, probate is the legal process whereby the deceased person’s assets are shared and distributed to their heirs and any debts are settled. The process can vary depending on the individual circumstances but will involve some or all of these stages. 

Filing a Petition

The first step will be to file a petition with the probate court to start the probate process. The petition is usually filed by the executor named in the deceased person’s Will – generally an executor is aware they have been named in the Will – when the Will was made. If there isn’t an executor an interested party, relative or friend can step in.  

Notification of Creditors and Beneficiaries

Once the petition is filed, the court issues a formal notice to creditors and beneficiaries, which informs everyone of the death and that probate proceedings will be initiated. Creditors are given 2 months to file a claim and beneficiaries are advised of their entitlement. 

Inventory and Appraisal of Assets

The executor will need to produce an inventory of the person’s assets, including property, bank accounts, investments, personal property and any other belongings. 

Payment of Debts and Taxes

The executor uses funds from the estate to settle any debts. These debts will include funeral expenses (unless a separate funeral policy has been set up), any outstanding bills, mortgage payments (if they are not settled by a life insurance policy) and income or estate taxes. 

Distribution of Assets

After all debts and taxes have been paid, remaining assets can be distributed to the beneficiaries following the terms of the will. This will generally involve transferring ownership of property, liquidating assets and distributing funds as set out in the Will. 

Final Accounting and Closing

Once all assets have been distributed and all debts settled, the executor files a final account with the court which sets out all financial transactions. The court will review everything submitted and if satisfied, they will issue an order to close the probate proceedings. 

Discharge of Executor

After the court approves the final account and closes the estate, the executor is discharged as they have concluded their involvement. This relieves them of any further responsibility for administering the estate. 

It is important to note that the probate process can be complex and time-consuming, especially if the estate is large or complicated. Executors may need to seek assistance from lawyers, accountants, or other professionals to ensure that the process is carried out correctly and efficiently.  

When considering who to ask to be an executor, consider the level of work they will need to do, especially if your estate is complicated. It is acceptable to ask more than one person. Similarly, if you are asked to be an executor, ensure you are aware of the level of work involved and as much as possible, glean information about the wishes of the person writing the Will, this will ensure you are forewarned before they pass away.  

If you need advice and guidance on choosing an executor or if you have been asked to act as an executor, our team are highly experienced and can guide you through all the steps.  

Who are Hall Reynolds?    

The team at Hall Reynolds are experienced and committed to providing first-class legal services. Our clients come back to us time and time again because of the pragmatic advice and the service they know they will receive which is delivered in a friendly and approachable manner.    

We offer a traditional face-to-face service, a contemporary work ethos and modern operating systems which enable the swift progression of your transaction.    

Value for money, speed and efficiency are at the heart of everything we do. Where possible, we minimise the legal jargon. We promise to keep you updated as to the progress of the transaction and we are transparent when it comes to fees.    

To find out more about our community involvement or our legal services, contact the team to make an appointment – email@hallreynolds.co.uk or call us on  01789 772955.    

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Why Should You Write A Will?

Writing a Will is the responsible thing to do  – it protects your assets, provides for your loved ones and ensures your wishes are carried out after your death. 

The main areas to consider when drafting or amending your Will –

  • Guardianship for children under 18 

A Will gives you the opportunity to appoint a guardian who will take care of your children. You can ask the nominated person(s) before the Will is drafted, this ensures that someone you trust and knows your child/children well, will look after them should you die. 

  • Choosing an Executor 

You appoint an executor to carry out your wishes and handle the legal and financial side of your estate.  

  • Distribution of Assets 

A Will allows you to decide how you want your assets – your property and possessions – to be distributed after your death.  

  • Avoiding Intestacy Laws 

If you pass away without having made a Will (intestate), the laws which govern intestacy will state how your estate is are distributed. These laws may not be in line with your plans and can cause complications amongst family. 

  • Reduce Family Disputes 

By laying out your wishes in your Will, you are aiming to avoid potential conflicts and disagreements within your family. Providing peace of mind for you and your loved ones.  

  • Charitable Contributions 

If a charity holds a special place in your heart, putting a provision into your Will ensures that the charity will receive the donation you requested.  

  • Tax Planning 

You can ensure that you utilise strategies to minimise the tax liability on your estate including taxing exemptions and deductions.  

  • Business Succession Planning 

A Will can outline your wishes for your business in the future, ensuring the business continues and that there is a smooth transition and continuity for the staff.  

  • Peace of Mind 

Putting your plans and wishes into your Will can give you peace of mind, knowing that your loved ones are cared for and your wishes will be followed as you intended.  

To sum up…

Writing and keeping your Will up to date is essential as part of estate planning ensuring that life changes are reflected including marriage, birth of children, death of a spouse or changes in your financial position will all need to be taken into consideration. Consulting a solicitor will help to ensure that your Will is legally valid and covers your specific needs and concerns.  

Who are Hall Reynolds?   

The team at Hall Reynolds are experienced and committed to providing first-class legal services. Our clients come back to us time and time again because of the pragmatic advice and the service they know they will receive which is delivered in a friendly and approachable manner.   

We offer a traditional face-to-face service, a contemporary work ethos and modern operating systems which enable the swift progression of your transaction.   

Value for money, speed and efficiency are at the heart of everything we do. Where possible, we minimise the legal jargon. We promise to keep you updated as to the progress of the transaction and we are transparent when it comes to fees.   

To find out more about our community involvement or our legal services, contact the team to make an appointment – email@hallreynolds.co.uk or call us on  01789 772955.   

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Hall Reynolds team supports Stratford-upon-Avon Foodbank

Each Christmas the Hall Reynolds team organise a food collection box at the office in Bidford-upon-Avon. The team are aware that not all families have the money spare for the luxuries most of us take for granted over the Christmas period, and due to the current cost of living crisis, many families are struggling to afford the basics.  

The food collected was donated to the foodbank in Stratford-upon-Avon. The amazing team at the foodbank support around  

  • 480 people each month  
  • 36% of the parcels in 2023 were for children, which is a staggering increase of 47% from 2013 
  • The foodbank is part of  The Trussell Trust’s  network of 428 foodbanks, working to tackle food poverty and hunger in local communities, as well as across the UK 
  • The Foodbank Network was founded in 2004 after four years of developing the original foodbank based in Salisbury. Since then The Trussell Trust has helped communities work together to launch foodbanks nationwide in a wide range of towns and cities 
  • In 2022/23, food banks in the Trussell Trust’s network provided 2,986,203 three-day emergency food supplies and support to UK people in crisis. Of these, 1,139,553 were distributed for children 

“We just wanted to write and thank you so much for organising the food collection for the Foodbank and for bringing it all down to us on  8th January. It was so thoughtful of you to think of us as beneficiaries as a local charity – thank you so much.  

As you can see the foodbank is very much needed so we feel extremely fortunate with all the support we receive from so many businesses, individuals and groups.

We are all facing very difficult times one way or another and are grateful that you have thought of the Foodbank.”

Sarah Crompton, Assistant Manager and Operational Lead

Conchi Palacois delivered the food collection on behalf of the team

Hall Reynolds is an active member of the local community in Bidford-upon-Avon, supporting the Foodbank along with other local charities.

“We appreciate that a food donation box is a small gesture but trying to help make other people’s lives even a little bit better is something which I and my colleagues feel is important.  Helping those in our community when they need it is something we all feel strongly about and are pleased the collection will help to do this.” 

Katy Taylor, Partner, Hall Reynolds

Who are Hall Reynolds?  

The team at Hall Reynolds are experienced and committed to providing first-class legal services. Our clients come back to us time and time again because of the pragmatic advice and the service they know they will receive which is delivered in a friendly and approachable manner.  

We offer a traditional face-to-face service, a contemporary work ethos and modern operating systems which enable the swift progression of your transaction.  

Value for money, speed and efficiency are at the heart of everything we do. Where possible, we minimise the legal jargon. We promise to keep you updated as to the progress of the transaction and we are transparent when it comes to fees.  

To find out more about our community involvement or our legal services, contact the team to make an appointment – email@hallreynolds.co.uk or call us on  01789 772955.  

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Hall Reynolds welcomes first Solicitors Apprentice

Molly joined Hall Reynolds on 4th September as a Solicitors Apprentice and will be studying at BPP University Law School.  

  Our apprentice, Molly who is currently 19, has undertaken work experience with us previously and her intention was to study criminology at university and then undertake the solicitor’s conversion course and qualify as a solicitor.  Molly attended Kenilworth Sixth Form and took up a place at Durham University, but due to severe illness in her first term she decided to take a broader look at her options. 

“After falling ill at university, I was no longer able to attend which led me to look at other options for my future. After looking into Law in more depth and seeing the changes made to the route for qualifying as a solicitor, I found that a degree apprenticeship in law was the best option for me because I will still obtain a degree and will also gain 6 years’ experience which will enable me to put my learning into real life training. I felt that this would be more beneficial to my learning and my future as it provides you with everything you need to excel and become a qualified solicitor.”

 

  The entry route to qualify as a solicitor was changed by the SRA in 2021 and a conversion course is no longer the only route to qualification.  A degree and sitting the SQE examinations, along with 2 years qualifying work experience is now the requirement.  After further research, Molly decided that the Solicitors Apprentice route would be preferable and would mean that she could gain her degree,  SQE and gain valuable workplace experience and all without the expense of university fees and then taking professional qualifications.   

  Molly will work four days a week and will have a scheduled day away from the office to study and complete coursework.  The scheme will ensure that at the end of the 6 years she will be a qualified solicitor and will already have 6 years industry experience.  

“The whole Hall Reynolds team is excited about Molly coming on board.  The decision to take on an apprentice was helped by the guidance and advice of BPP and the fact that we can essentially grow and develop our own talent whilst assisting someone achieve their dreams.” Katy Taylor, Partner.

“The whole Hall Reynolds team is excited about Molly coming onboard. The decision to take on an apprentice was helped by the guidance and advice of BPP and the fact that we can essentially grow and develop our own talent whilst assisting someone achieve their dreams.” Katy Taylor, Partner.

BPP University Law School has delivered market-leading paralegal and solicitor apprenticeships since 2016, when the new Trailblazer Legal Apprenticeship Standards first became available. The growth of apprenticeships and the introduction of the Solicitors Qualification Examination (SQE) in 2021 has created opportunities for law firms to shape the future education and training of their early talent, introduce new career pathways and diversify their talent pools. It has also created opportunities for us to develop programmes for apprentices and graduates that will meet the rigours of the proposed new assessments and meet the demands of law firms for their future lawyers to be even better prepared for practice. We are able to offer apprenticeship models for both post A-Level and graduate entry, alongside non-apprenticeship graduate pathways, all of which enable employers to utilise the apprenticeship levy. 

If you’d like to find out more about how you could be the next Hall Reynolds Apprentice (not the TV programme!) contact us on 01789 772955 or email@hallreynolds.co.uk. 

August Bank Holiday

The office is closed from 4.45pm Friday 25th August 2023

and

will reopen 8.30am Wednesday 30th August 2023.

The importance of understanding the contents of your Will

The importance of understanding the contents of your Will has recently been highlighted by a case involving an illiterate property tycoon whose estate was worth £100 million.

We take a look at what happened after a surprise Will left the bulk of his estate to his ‘manipulative’ daughter, cutting out his son and the son’s two nephews….

Read more: The importance of understanding the contents of your Will
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Have you registered your Will?

As a member of The National Will Register we can now register your Will for you.

Why should I register my Will?

In a survey commissioned by The National Will Register, two thirds of children would not know where to locate their parents’ Wills. The passage of time, house moves, and new relationships are all contributing factors to this statistic.

Writing a Will and regularly reviewing it is one of the most important things you can do for your loved ones. Ensuring that your family can therefore find it when you have passed on is essential. If a Will cannot be found after your death then your assets will be distributed in accordance with the intestacy rules, not necessarily in the way you would have wished.

We hold your Will safely, but we record its location with The National Will Register so that beneficiaries can always locate it when the time comes.

Contact us to Register your Will with The National Will Register.

https://www.nationalwillregister.co.uk/

Easter Holidays

The office will be closed for Easter from

5pm Thursday 6th April and will reopen

9am Wednesday 12th April 2023.

Mothers Day 2023

For all the mothers out there…..

Monday 19th September 2022

Please note that as a mark of respect to Her late Majesty Queen Elizabeth II this office will be closed on Monday 19th September 2022 and will re-open on Tuesday20th September 2022 at 8.30 am