Mercian Legal

06/06/2019

What are the risks of a DIY will?

The general message is – only use a DIY will if your wishes are very simple and your financial situation isn’t complicated.

You might save money up front compared with using a professional service, but if you get anything wrong you could be stirring up trouble for your family and friends when it comes to sorting out your finances after you’ve died.

Remember that, if you use a will template, the company that supplies it won’t take any responsibility for your will being correctly made.

If you make any mistakes which cause problems when your will is read, there won’t be any legal comeback at all.
If you get it badly wrong, it could even mean that your will is invalid and the law decides who your money and property should go to.

Phone our team now on 01827 739233

03/06/2019

Why write a Will?

To avoid dying intestate (without a Will) and allowing your possessions to be distributed according to the law of intestacy.

You can nominate a Guardian, a person of your choice to look after your children should you die before they reach they age of 18.

Administering an estate with a Grant of Probate where there is a Will is far cheaper and quicker than without. Why give the banks money that maybe needed by your loved ones.

It is a common mis-conception that husbands and wives are automatically entitled to inherit everything from one another - this is not the case.

If you are not married then your partner will not inherit your estate, at least not without a long and expensive legal battle.

You may wish to prevent certain members of your family from benefiting from your estate - this can only be carried out with a Will.

Call us now on (01827) 739233 or (07983) 542192 - we look forward to hearing from you.

03/06/2019

In addition to our (03333) 390069 telephone number, now you can also reach us on (01827) 739233 or (07983) 542192.

We look forward to hearing from you.

03/06/2019

Is your Will legal? When was the last time you had your Will reviewed?

Did you know? “You cannot leave your witnesses (or their married partners) anything in your will”

For your will to be legally valid, you must:

- Be 18 or over
- Make it voluntarily
- Be of sound mind
- Make it in writing
- Sign in the presence of 2 witnesses who are both over 18
- Have it signed by your 2 witnesses in your presence

If you make any changes to your will you must follow the same signing and witnessing process.

Call us now on (01827) 739233 or (076983) 542192 for advice

11/03/2019

Man copied mother-in-law's signature from old will and 'pasted it to new one before getting it witnessed', court told

A man told a Gloucester jury that he photocopied his mother-in-law's signature from her old will, cut it out, glued it to a new one, copied it again, before getting that document 'witnessed' on a later occasion by a man in a pub, with the second 'witness' not signing it until four days after the woman died.

He said he believed this would be a 'valid will', when he presented the document to a legal executive in a solicitor's office following her death.

Brian and Julie Fairs, 76 and 57 years old respectively, of Abbotswood Road, Gloucester, have denied forgery between December 1, 2016 and May 25, 2017 by creating a document purporting to be Mrs Gillian Williams' will.

They have also both denied fraud on May 24, 2017 by falsely representing to Kirstie Hopton, a wills and probate executive at Dee & Griffin Solicitors, that the document was the authentic last will and testament of Mrs Williams, thereby intending to make a gain for themselves.

The prosecution allege they forged the will to make Mrs Fairs the sole beneficiary of a £100,000 estate.

05/03/2019

Do you have a young family?

Have you considered what would happen to your child or children if the worse were to happen to you or your partner?

Having suffered the trauma of losing you, your children could be further traumatised by finding themselves placed into Local Authority Care, and if you think they would automatically find themselves with other members of your family, then think again ……...

Call our Team now on (03333) 390069

14/02/2019

The Directors and Staff here at Mercian Legal wish you a very Happy Valentines Day.

13/02/2019

Have you considered what would happen to your child or children if the worst were to happen to your and your partner?

Having suffered the trauma of losing you, your children could be further traumatised by finding themselves placed into Local Authority care.

And if you think that they would automatically find themselves with other members of your family, then think again...

They will be treated as vulnerable people and the state will “look after them” whilst they investigate the situation and determine who would be best placed to take over from you.

This could take some time... and then there is every likelihood that the person or people appointed would not be the ones you would have chosen to bring up your children should you not be there to do so yourselves.

Of course, “this will never happens to us” – but with over 5000 children being orphaned in the UK each year, DO YOU REALLY WANT TO LEAVE EVERYTHING TO CHANCE?

If you want a say in who brings up your children in the event that you cannot, then read on...

To avoid this potential trauma, you need to write a Will and include in it who you would wish to act as guardians in the event of your unexpected and untimely demise.

08/02/2019

Families could be hit by a "death tax" as they grieve for loved-ones who've tragically passed away.

Thousands of bereaved families could face a jump in fees payable after the death of a relative.

The cost of securing probate — legal control over a relative’s estate — will soar from April.

The maximum charge for a grant of probate will be £6,000 under a new sliding scale.

Obtaining a grant of probate is the process by which someone is given the authority to deal with the property, money and possessions of someone after they die.

It is usually sought by the executor of a will or a person acting on their behalf.

Around half of deaths lead to an application for a grant of probate in England and Wales.

Families face a £250 charge on estates valued at £50,000 to £300,000.

This soars to £6,000 for those worth more than £2million.

The Ministry of Justice will take in an extra £185million a year by 2022/23 thanks to the rises.

06/02/2019

Protecting your children in the event of your death

Becoming a parent brings enormous new roles and responsibilities and although it is important that you cater for your children’s immediate needs, it is essential that you leave adequate provision and instruction for them in the event of your untimely demise.

Mercian Legal have mentioned in several recent posts how important it is to have a current and valid Last Will and Testament.

It is so important to review your Last Will and Testament on an annual basis or when there is a life-changing event, for example getting married, getting divorced, having a baby, the list in endless and careful thought in these circumstances should be given to how this affects your Last Will and Testament.

Of course, becoming a parent means you have less time on your hands and the very last thing you will want to think about is your death and how you may not be around to parent to your children, but, sadly it happens.

But, by specifying your wishes in a Trust Deed, which is included in your will, you can nominate a guardian, trustees, education wishes, the age at which the trust should cease and specific gifts and instructions.

The natural guardian, mother and father of your minor children, may outlive you and, all things being equal they would step into your shoes and become responsible for their care and wellbeing.

Have you thought about who would you nominate as an independent guardian for your minor children in the unfortunate event that you and your children’s natural guardian die simultaneously – and what are the consequences? The answer is very simple ………………….

If you do not nominate a guardian, a Judge of the Family Division will be forced to nominate one on your behalf and their choice may not be aligned with your wishes?

Take the time to check your Last Will and Testament and if you need to update the document or draft a new one altogether, please contact our Team at Mercian Legal to help you ensure your children are provided for if you are no longer able to.

28/01/2019

28/01/2019

Our wills, trusts and probate team, offer a sensitive and cost-effective service. We deal with planning ahead – by wills, trusts or Lasting Powers of Attorney, and also assist clients to deal with legal affairs in the event of a death.

We are an experienced and highly qualified team who can help you to ensure your decisions are met about what happens to your assets once you have died.

By making a Will you can decide who looks after your estate and what happens to your belongings. If you have children you can indicate who will look after them and how they will be financially provided for.

Call us now on (03333) 390069