Through careful estate planning, probate can be avoided; saving time, money and unnecessary stress.
There are several reasons why changes to Wills may be required after death (known as Variation), such as someone who was left out of a Will or to clear up any uncertainty over a Will, the moving of the deceased assets into Trusts or even to reduce the amount of Capitals Gains Tax on Inheritance which is payable. The Will can be changed for these reasons, as long as the beneficiaries left worse off by the changes agree, and the ‘variation’ to the Will must be completed within two years of death.
If there is a disagreement after someone has passed away regarding the distribution of their estate, or even a disputed Will relating to inheritance or the validity of a Will, a Will can then be challenged and the probate application can be stopped by entering a ‘caveat’ (these can last six months), this is known as ‘Contentious Probate’.
Challenges to Wills are becoming more prevalent due to life changes, such as marriage and births, and with more complex family arrangements, such as divorce, remarriage and extended families. With careful planning to keep pace with life changes and the right legal expertise, the chances can be greatly reduced, or even be avoided completely.
We understand each and every one has different circumstances and require an individual planning solution. With careful estate planning we can help protect your inheritance for your beneficiaries for these uncertain eventualities.
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Mrs Adams - Probate & Contentious Probate Matters
Mrs Adams had co-habited with her partner for over 20 years; she had also put money into the house for home improvements in the past. He died suddenly without a will or children and when Mrs Adams attended his funeral, his sisters told her that by law they would inherit the house. Mrs Adams was extremely worried and following advice from two separate solicitors firms, she had given up hope of retaining her home. She then approached Perfect Wills & Estate Planners, who advised that under the Inheritance (Provision for Family and Independence) Act 1975 she could make a claim and probably retain her home in which she had resided for many years. Perfect Wills through our Associates secured the house in her name and negotiated a very fair and affordable settlement for the two sisters.
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