Wills

Why is making a will important?

A correctly drawn will ensures that you are making adequate provision for your spouse or partner and your children out of your estate when you die. You can also provide for other relatives or friends and nominate a favourite charity. If you do not prepare a will and die intestate, the law decides who the beneficiaries of your estate will be. This often leads to family discord and may result in court proceedings which are costly and stressful for the family and friends you leave behind.

If you have children who are still minors, your will should include one or more guardians who will protect your children’s interests. You should also appoint suitable executors to deal effectively with your estate.

Wills are also important for inheritance tax planning purposes and a will can even protect part of your estate from the cost of Local Authority care homes.

Why instruct Jobling Gowler to prepare your will?

Jobling Gowler offers a friendly specialist will service, delivered by a solicitor with over 15 years relevant experience as well as additional expertise through membership of STEP (Society of Trust and Estate Practitioners).

Following an initial free consultation, which will focus on your family and financial responsibilities, tax planning issues and the use of powers of attorney, you will be given a costs estimate and a completion date.

We are also able to offer you the facility to register your completed will with a national on-line Register of Wills. The Will Register records that we are holding your will and after your death, the Will Register provides us with details about anyone who is enquiring about your will. Our clients can now have peace of mind that their loved ones can quickly and easily locate their will.

Powers of Attorney

A Power of Attorney will ensure that your assets can still be dealt with and accessed if something happens to you. Even if you are just travelling abroad for a long period, having someone available to look after your affairs can be invaluable. Also, if you ever lose mental capacity, you can have peace of mind knowing that by completing and registering a Lasting Power of Attorney, your chosen trusted attorney or attorneys can make decisions in your best interests.

The Power of Attorney needs to be prepared when an adult is of sound mind and is often a key area for discussion when preparing your will.

The failure to have a Power of Attorney in place should mental incapacity arise may result in a costly application to the Court of Protection for a Deputyship Order. This invariably leads to a long delay before assets can be managed properly.

Jobling Gowler has considerable experience in constructing powers of attorney, with general or lasting powers. We will liaise with the proposed attorney and the Office of the Public Guardian when registration of the Power is required.

Wherever possible, you will be given a fixed fee quote for preparing the Power of Attorney and its related documents.

Jobling Gowler can also offer you the option of registering your completed Lasting Power of Attorney with a national on-line Register at no additional cost. This will enable your family to locate the whereabouts of your power of attorney.

Estate Administration

Jobling Gowler provides an efficient and cost effective estate administration service. This applies to all sizes of estate and includes the handling of all taxation and accounting issues.

Following a free initial consultation, we will be able to give you a costs estimate for administering the estate and an approximate timetable for completing the estate administration. We offer a personable and friendly approach with flexible appointment times to suit executors and beneficiaries alike.

Our probate service is delivered by a solicitor with over 15 years relevant experience as well as additional expertise through membership of STEP (Society of Trust and Estate Practitioners).

Occasionally, we may suggest circumstances where a Deed of Variation may be tax efficient or appropriate for family reasons. This enables the terms of a will or an intestacy to be varied within two years of death provided the original beneficiaries agree to the terms of the variation.

We are experienced in resolving any family dispute in an amicable way and are also able to offer additional expertise through our contentious probate service.

Court of Protection

In situations where an individual has lost mental capacity, it may well be necessary for a member of his or her family, or a close friend, to apply to the Court of Protection to be made a Deputy (previously called a Receiver). The procedure involves the proposed Deputy completing an application form with supporting documents and the opinion of a medical practitioner will also be required.

Statutory will applications are also made through the Court of Protection and may be required where a patient’s will is out of date or non-existent and the Court’s authority is required to alter or create a will.

Jobling Gowler is able to offer a thorough and practical approach to all Court of Protection applications. We will aim to provide you at the outset with full details of the Court costs and our fees. We will provide you with impartial advice and flexible appointment times, including home or hospital visits where required.

Contentious Probate

Solicitous providing a dedicated contentious probate service are rare. Heather Jobling has been able to combine her experience as a litigator with her knowledge of Wills, Trusts and Probate matters. to provide sound and sympathetic assistance within the following range of contentious probate matters:

• Claims under the Inheritance (Provision for Family and Dependants) Act 1975.
• Disputed wills relating to:
  • The testator’s capacity;
  • Allegations of undue influence;
  • Invalid procedure or fraud.
• Negligently drafted wills and professional negligence claims.
• Disputed Powers of Attorney.
• Disputes involving Executors or Trustees.

We provide a free initial interview to assess your potential contentious probate claim. Home visits are available where appropriate.

Mediation and other types of alternative dispute resolution have an important role to play in settling contentious probate claims. We have experience of successfully mediated contentious probate claims which can offer the parties an opportunity of fully airing their grievances without destroying family relationships and avoiding the need for lengthy proceedings. The cost of mediation or ADR are not cheap but they are generally lower than if the matter proceeded to a fully contested trial. All parties involved in contentious probate claims wish to ensure that the estate monies are not spent largely on legal costs.

If you wish to discuss a contentious probate claim please contact Heather Jobling.