M J DARBY & COMPANY SOLICITORS

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Wills

Their are a number of reasons why you should make a Will:-

1.    A Will allows you to determine the disposition of your estate on death;
2.    You decide who is to look after your affairs in the event of your death;
3.    You may appoint guardians for your children.
4.    There may be considerable tax advantages
5.    You ensure that your estate is not distibuted pursuant to the intestacy rules (See table below) which may mean that everything that you own goes to                     someone that you would never have envisaged, such as the Crown!

The reasons why it is important, in our opinion, that solicitors prepare Wills are:-

1.    You can sleep at night knowing that the Will has been properly prepared and executed.
2.    Solicitors are insured.
3.    Most Solicitors will retain your original will in a safe at no additional charge to you.
4.    Wills prepared by solicitors are less likely to be disputed.
5.    You are advised at the outset as to the cost of preparing the same and their are no hidden charges.
6.    Solicitors will ensure that the Wills are properly executed, as if a Will is not properly executed it could render the whole Will worthless.

Probate

We are also able to assist constructively and compassionately with the many legal and practical points issues which follow bereavement.  We can offer straightforward advice in relation to the obtaining of a Grant of Probate or Letters of Administration or we can deal with a complete application for you.

Please contact us for a FREE preliminary discussion of your requirements and to arrange an appointment.



INTESTACY DISTRIBUTION LIST FROM 1st FEBRUARY 2009

Deceased dies leaving Estate goes to:

A spouse/civil partner and children

1. Net estate not more than 250,000 – All to spouse/civil partner if he/she survives the deceased by 28 days.

2. Net estate over 250,000 – First 250,000 plus personal possessions to spouse/civil partner. Half of the rest is shared equally amongst the children. The spouse/civil partner also has the right to the interest only on the other half during his/her lifetime, then after the death of the spouse/ civil partner, to the children in equal shares.

A spouse/civil partner (but no children), and either parents, or brothers or sisters of the whole blood

1. Net estate not more than 450,000 – All to spouse/civil partner if he/she survives the deceased by 28 days.

2. Net estate over 450,000 – If he/she survives the deceased by 28 days, 450,000 plus personal possessions to spouse/civil partner, plus half of the rest. The other half to the deceased’s parents in equal shares; if no parents, then to brothers and sisters of the whole blood in equal shares.

A spouse/civil partner but no children, parents or brothers or sisters of the whole blood

All to spouse/civil partner if he/she survives the deceased by 28 days.

Children but no spouse/civil partner

Children in equal shares on reaching 18.

Neither spouse/civil partner nor children

Parents in equal shares.

No spouse/civil partner, children or parents

Brothers and sisters of the whole blood in equal shares.
If there are no brothers or sisters of the whole blood, then to brothers and sisters of the half blood in equal shares.

No spouse/civil partner, children, parents or brothers or sisters

Grandparents in equal shares.

No spouse/civil partner, children, parents, brothers or sisters or
grandparents

Uncles and aunts of the whole blood in equal shares.
If there are no uncles or aunts of the whole blood, then to uncles or aunts of the half blood in equal shares.

No spouse/civil partner
or blood relatives

All of the estate goes to the Crown.

Explanatory notes:

If anyone in any of these categories (child, brother or sister of the whole blood or half blood, uncle or aunt of the whole blood or half blood of the deceased), who would have been entitled to a share of the estate but died before the deceased, leaving a child or children of their own, then those children will take (in equal shares) the share of the estate that their mother or father would have taken, if their mother or father had survived the deceased.
The same principle cascades down through the generations – if a child of a person who would have been entitled to a share of the estate but died before the deceased also dies before the deceased, leaving a child or children, then those children will take (in equal shares) the share that their mother or father would have taken if that parent had survived the deceased.

Explanation of terms used:

A civil partner is someone who has entered into a registered civil partnership with another person. It does not include people simply living together as unmarried partners or as ‘common law husband and wife’.
The term ‘children’ includes adult sons and daughters.
Brothers and sisters of the whole blood have the same mother and father.
Brothers and sisters of the half blood have just one parent in common.
Step-brothers and step-sisters are not related by blood and are not entitled to share in the estate on intestacy.
Uncles and aunts of the whole blood are brothers and sisters of the whole blood of the deceased’s father or mother.
Uncles and aunts of the half blood are brothers and sisters of the half blood of the deceased’s father or mother.
Uncles or aunts who are related to the deceased only by marriage are not entitled to share in







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