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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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There are an estimated 950,000 people living with dementia in the UK

……….. and the number is predicted to rise to more than 1.1million by 2030*

What is dementia?

Dementia is not a disease, but a general term used to describe many symptoms which relate to a person’s mental ability, if severe enough it can interfere with daily life and it can include any of these symptoms – 

What are the symptoms?

Memory loss – struggling to retain recently learnt information

Struggling with communication – finding the right words or speaking coherently

Impaired judgement and or reasoning – struggling to make decisions, solve problems or plan for future events

Behaviour and personality changes – mood swings, changes in behaviour and personality

Decline in visual perception – problems with spatial awareness and interpretation of visual information

For most sufferers’ dementia is a progressive condition and over time can affect the person’s ability to perform routine everyday actions and engage in social interactions and as the condition advances the person may require more and more support and care.

How does dementia affect the sufferer?

Dementia not only affects the sufferer but their family too – as husbands, wives and children increasingly become caregivers, they are relied upon more and more by the person who is struggling to maintain independence and feel in control of their own life.

How to make plans to protect yourself and your family

We all know that we should have an up-to-date Will and life insurance, so our families have a record of our wishes and have one less thing to deal with after we die, but if you are suffering with dementia, your family may need to make decisions on your behalf as your condition worsens. To ensure this is possible you could set up a Lasting Power of Attorney so your family can help and support you with your finances and big decisions. Should your condition be advanced, a Deputyship would need to be applied for to enable a nominated person to make decisions for you.

You will need advice on the significance and implications of these documents as well as assistance in setting them up and the Hall Reynolds team are very experienced in helping families set up either an LPA or Deputyship and assisting at what can be a very stressful time for you and your family.  

Talk to our team about how we can help you, call or email us to make an appointment – email@hallreynolds.co.uk or call us on 01789 772955. 

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. 

*Dementia UK

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Private Client Lawyer Ian Beavon joins Hall Reynolds 

Hall Reynolds welcomes a new team member – Ian Beavon, who joins the Wills & Probate team. Ian brings a wealth of knowledge, 20 years’ experience as a lawyer and is already an asset to the team. 

Kate Taylor is delighted to have Ian on board, ‘Ian’s appointment expands our service offering to our clients and he has already settled right into our tightknit team.” 

After graduating from University, Ian gained experience in the insurance industry and decided to study to become a lawyer via the Institute of Legal Executives. After qualifying in 2002, he cut his teeth in the Personal Injury and Medical Negligence arena and then diversified into Private Client Law and has been practicing in this area since 2016.  

To broaden his knowledge, Ian has also qualified as a member of Solicitors for the Elderly (SFE) – a specialist group of lawyers who support and make a difference to older and vulnerable people. His experience in Personal Injury law deepened his desire to want to ‘look after’ his clients who often approach him for his advice after a personally stressful situation – Ie a sudden loss of a family member or a non-fault accident. Ian specialises in handling probate matters for clients, but can also guide clients through making or updating a Will and setting up Lasting Powers of Attorney. 

“I joined Hall Reynolds in October 2023 and I could tell from the first time I stepped into the office that the firm adopts a relaxed but professional approach to all matters, and the focus is clearly on the wellbeing of both staff and clients. I specialise in probate matters and am often speaking to clients at a time in their lives when they have suffered an enormous loss. My aim is to reflect Hall Reynolds’ approach when dealing with my clients: to offer a professional, compassionate service”.  

When not working, Ian enjoys travelling, especially to Australia, which is ‘one of my favourite places on earth – closely followed by Bidford on Avon of course!’ He is also interested in the theatre, both attending and participating as part of his local ‘Am Dram’ society.  

If you would like to make an appointment to talk to Ian about your Will or managing probate, email – email@hallreynolds.co.uk or call us on 01789 772955.  

Who are we?  

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. 

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Did you know you can change a Will after death?

Generally, we think that there are two routes –

  • A person creates a Last Will and Testament, bequeathing their estate, gifts and goods to friends, family and charities.  
  • Or a person dies without making a will – intestate – and their family shares the estate as the Government states under the Rules of Intestacy. When a person has died without leaving a will and without known entitled relatives, the estate ultimately passes to the Crown.  

You might not know, but a person’s will can be changed after their death, provided any beneficiaries who would be disadvantaged by the changes agree. If there is no will the law decides who inherits but it is also possible to make changes to the inheritance in the same way as if a will was in existence. Any changes to a will or the rules of intestacy must be completed within 2 years of the death. 

You could change a will to –

  • Reduce the amount of Inheritance or Capital Gains Tax payable on the estate 
  • Provide for someone who was left out of the will originally 
  • Move the deceased’s assets into a trust 
  • Clear up any uncertainty over the will 
  • To make the distribution of the will more tax efficient 

To change a Will, you will need to make a variation.

You don’t need a formal document or deed – you can write a letter as long as it meets these 11 conditions. 

If the variation means there’s more Inheritance Tax to pay on the estate, you must send a copy to HM Revenue and Customs (HMRC) within 6 months of making the change(s).

You do not need to send a copy to HMRC if the variation does not change the amount of Inheritance Tax due. 

Talk to our team about how we can help you if you need to make changes to a will before or after a loved one has passed away.  Call or email us to make an appointment – email@hallreynolds.co.uk or 01789 772955. 

Who are we? 

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.