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There will be lots of things to think about, so talking to family and friends can bring peace of mind they know what your wishes are.
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A will and a Grant of Probate are two distinct but related legal concepts in the context of managing a deceased person's estate in the UK.
A Will is a document created during a person's lifetime to outline their wishes for the distribution of their estate after death. A Grant of Probate is a legal document obtained after the person's death that gives the executor the authority to manage and distribute the estate in accordance with the will.
Both are crucial components of the estate administration process, but they serve different roles at different stages.
In the UK, probate typically includes assets solely owned by the deceased, such as property, bank accounts, investments, and personal possessions. Some assets, like jointly owned property, trust assets, and those with named beneficiaries, usually bypass probate. The executor of the will is responsible for identifying and managing these assets as part of the probate process.
Without probate, the estate remains legally unresolved, with assets frozen, debts unpaid, and beneficiaries unable to receive their inheritance. While probate is not always necessary for small or jointly-owned estates, it is typically required to properly administer most estates in the UK. If probate is needed but not obtained, it can lead to significant delays, legal complications, and financial difficulties for those involved.
The probate process in the UK typically takes between 6 to 12 months from start to finish. Simple estates may be resolved more quickly, while complex estates or those involving disputes can take longer.
Executors should be prepared for potential delays and may benefit from legal advice if the estate is particularly complex.
In the UK, probate is typically required to administer an estate, even if there is a valid will in place.
However, there are exceptions, particularly for small estates, jointly owned property, and certain financial assets. Executors should check with financial institutions and consider seeking legal advice to determine whether probate is necessary in their specific circumstances.
Probate is the legal process of validating a Will and undertaking the administrative process for sharing a deceased's estate amongst beneficiaries. The process can be lengthy, and can often involve enquiries to HMRC regarding Inheritance Tax and other financial obligations.
To find out more about the probate process, head over to the HM Government website.
A Lasting Power of Attorney can vary in cost, depending on the level of professional legal services involved in producing and validating the document. For those who don't wish to engage with a legal professional and write an LPA themselves, a document can be put together at just £82, the cost of the government's registration fee.
You can nominate anyone as a Lasting Power of Attorney, provided they are over the age of 18 when they are appointed. You can also choose to appoint multiple people as LPA over your financial and property, and health affairs. On occasions where multiple LPAs are nominated, you can choose for them to make joint decisions or individually, dependent on your requirements.
A Lasting Power of Attorney gives you the ability to nominate a family member or friend to make financial, property or health decisions on your behalf, should you become incapacitated. Without an LPA in place, decisions can be made on your behalf by institutions, such as hospitals, care homes and local government organisations, which may not be aligned with your own wishes. In some extreme cases, this has resulted in care home residents being moved to homes well outside of their home area, against their family's wishes.
There is nothing stopping you from writing your own Lasting Power of Attorney document, though you need to carefully follow the instructions laid out on the GOV.UK website to ensure that the will is witnessed correctly, and registered with the appropriate body. As this is a legal document, many prefer to speak to a solicitor or other legal services provider to help them construct their LPAs in a legally sound way, as well as managing the witnessing and registration stages of the process. This can provide peace of mind that everything is done correctly.
There is no expiry date on a Lasting Power of Attorney - it will only cease to be valid upon the death of the donor (the person who the LPA enables decisions to be made on behalf of). However, an LPA can also be cancelled by the donor or an executor, should they no longer wish for it to come into effect.
An LPA offers a comprehensive solution for an executor to make financial, property and health decisions on behalf of the donor. They replaced EPAs in 2007, though existing EPAs will remain legally enforceable if signed prior to 1st October 2007. Only LPAs can now be created and registered.
Lasting Powers of Attorney are split into two different types - Financial and Property affairs, and Health and Welfare. A Financial and Property LPAs allow an executor to take decisions relating to a donors finances and property, at a time when the donor is incapacitated and unable to make those decisions themselves. Similarly, a Health and Welfare LPA allows an executor to take decisions regarding the medical welfare of the donor when they are unable to do so themselves.
In the UK, a Lasting Power of Attorney (LPA) is a legal document that allows an individual, known as the 'donor,' to appoint one or more people, called 'attorneys,' to make decisions on their behalf. This arrangement comes into play if the donor loses the mental capacity to make decisions for themselves in the future. There are two types of LPA: one for property and financial affairs, which includes handling bank accounts, property, and investments, and another for health and welfare, which covers decisions about medical care, living arrangements, and daily routines. An LPA must be registered with the Office of the Public Guardian to be valid.
With Grace partner with HoneyPro, a leading technology platform that connects customers with personalised estate planning solutions.
The whole team at Honey Group deliver a professional, transparent and caring service across a wide range of personal estate planning products that put customers in charge of their future, whatever it may bring. Honey have a 40+ strong legal team, including solicitors regulated by the Solicitors Regulation Authority (SRA); and are members of The Law Society.
According to guidance provided on the GOV.UK website, you should review your will every five years, or following any major change in your life. This would include significant events like separation or divorce, marriage or the birth of a child. Effectively, anything which would have an impact on who receives assets, or what assets would be received, is worth considering through a review of your will.
If you've ever looked into wills, you will have seen the word 'executor' used. The role of the executor in a will is quite simple - they are the person legally responsible for executing the instructions laid out in a person's will. The executor is often a spouse, a child or another family member, and up to four executors can be appointed in a will.
There is no set price for the cost of a will, so it's highly recommended that you shop around different will writers to find a solution that works for you. As a general rule of thumb, you can expect to pay £150-£200 for a Single Will if bought from an online provider, or £500+ for a high street solicitor to undertake the work.
There is no legal requirement for a will to be written by a solicitor, and you can write one yourself. However, having a legal expert involved helps you avoid common mistakes, and ensures that the will is written in a way which provides watertight protection. There is additional cost for having solicitors involved in the process, but it can often pay to have peace of mind that the paperwork has been completed correctly. You will still need to have your will witnessed and signed for it to be legally valid.
You can ask anyone to be a witness to a will, provided they are not due to become beneficiaries of the will. For the document to be legally valid, witnesses must be 18 or over, make it voluntarily, be of sound mind, make it in writing, sign it in the presence of 2 witnesses who are both over 18 and have it signed by your 2 witnesses, in your presence.
There is no time restriction on Wills - once they've been written, witnessed and legally enter effect, they will remain in place until they are preceded with a newer version, or until the Will is revoked. Though it's recommended to update your will periodically, particularly when significant life events take place, it won't make your Will invalid if you do not choose to do so.
Dying without a Will in place will mean you become intestate - this means that your estate will be shared out under the rules of intestacy, rather than according to your wishes. The same can be said for Wills that are written but not legally valid. Intestacy rules divide the assets between married partners, civil partners or family members. Writing a Will before you pass away means that you can have a legally binding record of your wishes for your estate, avoiding any future arguments and helping put your wishes into effect.
A will is a legal document that explains what you want to happen with your money, property, and belongings after you die. It can also name someone to take care of your children if they are underage and appoint someone (called an executor) to make sure your instructions are followed. It must be signed and usually needs witnesses to be valid.
A direct funeral is where no mourners attend the cremation or burial. The ashes are then either returned or scattered in the garden of remembrance, or the location of the burial plot will be shared. A direct funeral is also sometimes known as a hassle free funeral.
Direct cremation is the name for an unattended cremation with no attached funeral service or ceremony.
An unattended cremation is another name used for a cremation that does not have a service or ceremony attached and does not have mourners present. We normally refer to it as a direct cremation, but it can also be called a pure cremation, or a simple cremation.
A direct cremation is unattended, letting you celebrate the life of your loved one as you choose.
A direct cremation involves being collected and taken into With Grace’s care, transportation to the crematorium, and then the ashes being delivered to your loved ones or scattered in the crematorium’s garden of remembrance.
Mourners are not present during a direct cremation and there is no funeral service or ceremony conducted alongside the cremation.
Ashes are returned to your loved ones in a biodegradable box, but you can update to a scatter tube or casket if you wish.
With Grace offers a range of personalised caskets, urns and scatter tubes that can be included in your plan.
A bluebell scatter tube is one of the options we have available for personalised scatter tubes.
A direct cremation plan from With Grace starts at £1,296, whilst a direct cremation arranged for immediate need starts at £1,095.
A direct cremation is generally a lower cost than a traditional funeral as the process is simpler with fewer arrangements to make.
Whether a direct cremation is right for you or not depends entirely on your wishes. Many people consider a direct cremation a cost effective option for how they want to say goodbye and do not want a traditional funeral.
The best prepaid cremation plan is the one that best fits your needs and wishes. It is however important to ensure that the plan is arranged by an FCA authorised and regulated provider.
The best option for a direct cremation plan will always be the one that fulfils all of your needs and wishes.
How you feel about direct cremation will depend on your own wishes and beliefs, in the same way that many people have strong feelings towards being cremated or buried when they die.
Direct cremations have become more popular over the past few years. Although they were more of a necessity in many cases during the pandemic, they have become a more popular option since then too with many people opting for a direct cremation as a cost effective way to say goodbye.
You can set up a direct cremation plan so arrangements are made ahead of time, easing the burden on your family. Prices for a direct cremation plan start at £1,440.
All of With Grace’s funeral plans have payment plan options. To discuss these further, please contact us.
With Grace covers mainland United Kingdom, mainland Scotland and Northern Ireland.
When a bank account is held in joint names, you probably won't need to have it closed. By the principles of the survivorship, it will just pass into the name of the joint account holders name.
This is the document that verifies who is legally permitted to deal with someone's property, money and possessions (their 'estate') when someone dies.
Please also see 'Wills and Probate' on our Guides and Advise pages for more helpful information.
To prove you have the legal status and ability, to deal with the deceased person's estate, you will need the Grant of Representation document. Depending on the amount of money in the account and which bank the account is with, will define when you will need to provide the document.
Most banks will allow access to the account so that expenses relating to the estate can be settled, before the Grant of Representation has been issued. In this circumstance you may just need to sign a discharge and indemnity form, confirming you will pay back any monies if you did not have the right to access the funds.
You can use a copy of the Will to prove you are an executor. If there isn't a Will, you will need to provide proof of a relationship to the deceased.
- Make sure the death has been registered
- You will need to provide a copy of the death certificate
- Proof of Authority will be needed to freeze the account
- Proof of identity e.g. passport or photo driving licence
- Notify any companies that might be affected by the closing / freezing of the account e.g. utility companies
If there is a will, the executor will be responsible for acting on behalf of the deceased and notifying the bank.
After a death has been registered, one of the first things to do will be to notify the bank to close any bank accounts. Until the funds can be released and closed, you can expect the account to be frozen.
Demands and needs is a legal term that refers to what a customer needs from a product or service to meet their expectations. We are committed to giving you the right product for your demands and needs and will confirm it is right for you before you choose it.
We will place your plan with a new funeral director if you move home.
You can personalise an attended funeral with readings, songs, hymns, flowers, donations to charity and more.
You can pay for your funeral plan by credit or debit card, or if you are paying monthly, you can also pay by direct debit or standing order.
If you die abroad, your family may be charged repatriation costs. Please check if your travel insurance policy covers repatriation as funeral plans do not. If you die on holiday on the mainland UK, your funeral plan will cover collection. However, there may be additional costs incurred in the Highlands and Islands.
You can choose a burial funeral plan using our 'Build Your Own Plan' service. Please note the price of burials varies from location to location and these costs aren't included in our plan.
Cremated remains can be returned to you or someone else. Our direct cremation plans already include these costs, but for attended funerals, you can collect remains at the crematorium. There will be a charge for cremated remains to be returned.
Yes, but we can't guarantee your director will agree to oversee your funeral. In this case, our network of local funeral directors can provide a local service close to where you live.
There are no medical exclusions, health checks or questions. If you choose to pay for your plan monthly, the maximum term is five years and payments must be completed before your 80th birthday.
We use a Trust to protect your money. This Trust is overseen by Trustees and managed by experienced professionals who make sure your funds are only used to pay for your plan. We are also regulated by the Financial Conduct Authority and your money is protected by the Financial Services Compensation Scheme. Find out more about how your money is protected.
Your family can upgrade your plan at any time. Your family will need to pay any difference in the price of the funeral they upgrade to and the price paid for the funeral plan.
You can buy a funeral plan for anyone.
With a pre-paid funeral plan, you fix the cost of the funeral so your family won't need to pay a penny more. Anything not included in your plan, like catering and flowers, will need to be paid for separately.
Pre-paid funeral prices are guaranteed not to change. They include many items that are likely needed at the time of need, compared to a funeral today which increase regularly and the start price does not include any possible items that may be required.
A funeral plan protects you against funeral inflation.
A pre-paid funeral is a fixed price for the plan you choose, so will never increase. The at-need price will go up every year.
A pre-paid funeral means your funeral and ceremony are planned in advance. At-need funerals are planned at the time of death.
A direct cremation is unattended, letting you celebrate the life of your loved one as you choose.
An attended funeral is a ceremony or event that takes place at the same time as the burial or cremation.
A direct cremation is an unattended cremation. You will know the date of the cremation in advance so you can celebrate the life of the loved one as you choose.
We cover most of the UK, apart from the Highlands and Islands. We also cover Northern Ireland, but extra costs may be incurred.
Unattended cremations take place at a crematorium of our choice. Attended cremations take place at a crematorium of your choice.
You can arrange a funeral or cremation by contacting us 24 hours a day 7 days a week on 0800 471 4689. For general or account enquiries, or for pre-paid plan information, please ring between 9am - 5pm, Monday to Friday or email hello@funeralswithgrace.com.
When you choose to pay for your funeral plan over two or more years, you'll be covered for the full cost of your funeral after 24 months of payments. This means that if you die after paying the first 24 monthly payments, but before your plan is fully paid, we will still provide all the services included in your plan. The only requirement is that all of your due payments have been made, and there is nothing outstanding from those 24 months.
Speak to one of our specialists today on 0800 471 4689.
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