Can I contest a Will if I’ve been left out?

Yes, depending on the circumstances. A Will can be challenged due to: Lack of capacity of the person making the Will Pressure or coercion from another person on the person making the Will The Will not being signed and witnessed correctly The person making the Will did not know or approve the contents of it Fraud or suspecting the Will has been forged The law also provides for a set class of individuals (spouse (or former spouse), cohabitee, children (or someone treated like a child), anyone being financially supported by deceased) to bring a claim where they have not been provided reasonable financial provision. If any of the circumstances apply or you fall within the set class then you should seek advice as to your ability to challenge the Will.

What should I bring to my first appointment?

Identification Details of your assets and liabilities (debts) Details of your family An idea of what you want in your Will (executors/beneficiaries etc)

Private Client Solicitors

With offices across Lincolnshire and East Yorkshire, including Lincoln, Grimsby and Hull, our professional and caring solicitors can help.

Private Client

No matter your age or relationship status, you will want to ensure that you and your loved ones are protected should the unexpected happen.

As family structures evolve, it is vital that you speak to a solicitor that can assist you. Bridge McFarland LLP has been supporting individuals in Lincolnshire since 1851, so we understand how ensuring your family is protected is paramount to your peace of mind.

Do you require legal advice concerning a private client matter? Speak to the team of specialist solicitors at Bridge McFarland LLP today on 0800 987 8800.

Private Client Solicitor Lincolnshire

Our team of experienced lawyers understand how every situation is unique. Therefore, we take the time to carefully understand your situation and priorities, meaning you can benefit from the best advice and guidance regarding your individual circumstances.

Our Wills, Trusts, and Estate Solicitors based in Grimsby, Lincoln, Louth, Hull, Brigg and Market Rasen are on hand to support you through drafting and amending the documentation outlining the details of your estate.

Our Private Client Services

The team of private client solicitors at Bridge McFarland LLP offer a range of services relating to your Will and Estate, including:

Get in touch with our Private Client Lawyers today

When writing or amending a Will, planning your estate or organising your trusts, you will want to instruct an experienced and competent solicitor. At Bridge McFarland LLP, our knowledgeable private client lawyers can advise and assist on all aspects of your Will and estate. Call us on 0800 987 8800 today to speak to our friendly team.

Legal Services Lincolnshire

You should aim to review the documentation relating to your Will and estate should your finances or personal circumstances change, or you want to amend the details of your beneficiaries. Therefore, should you move house, get married or create a new trust, you should speak to your solicitor and ensure that your family remain protected concerning your current circumstances.

Private Client Frequently Asked Questions

Here at Bridge McFarland our prices start from £300 exclusive of VAT (£360 inclusive of VAT) for a single person and £500 exclusive of VAT (£600 inclusive of VAT) for a couple.

If you die without a Will the people that will receive your assets (money, property, shares etc) is set by the law, known as the intestacy rules. Your assets would usually be distributed to your closest relatives (spouse and/or children). This may not suit your circumstances so you should always seek advice. The intestacy rules do not provide for partners/cohabitees or step-children.

This will depend on the circumstances. In order to apply for a Grant of Probate the assets and liabilities need to be established (the more assets there are the longer this will take). Most applications can now be made online and the Probate Registry specify that it can take around 12 weeks from submission of the application for the Probate to be received. If the estate is high value then a full report may be needed for HMRC and this will mean that it will take longer to receive the Grant of Probate.

Yes, depending on the circumstances.

A Will can be challenged due to:

Lack of capacity of the person making the Will
Pressure or coercion from another person on the person making the Will
The Will not being signed and witnessed correctly
The person making the Will did not know or approve the contents of it
Fraud or suspecting the Will has been forged
The law also provides for a set class of individuals (spouse (or former spouse), cohabitee, children (or someone treated like a child), anyone being financially supported by deceased) to bring a claim where they have not been provided reasonable financial provision.

If any of the circumstances apply or you fall within the set class then you should seek advice as to your ability to challenge the Will.

If you don’t make a Will you will not be able to control where your assets go. This will be determined by the law and may not go to the people you would like to receive it.

No! Estate planning is for everyone and is a good way to prepare for the future. There are different methods of estate planning depending on your needs.

The main difference between a Will and a trust is that a Will is only effective on your death and directs where your assets go. Whereas a trust is a form of arrangement used for managing your assets either during your lifetime or after your death.

Yes, but it is not recommended. This is because it can be easy to make mistakes which means that your Will will not do what you want it to. There are also risks with invalidating the Will if it is not signed correctly.

Identification
Details of your assets and liabilities (debts)
Details of your family
An idea of what you want in your Will (executors/beneficiaries etc)

Wills are relatively quick to make. We aim to get your draft out to you within 7-10 business days. If approved, it then just needs to be signed correctly to be valid. If you wish to make changes it will take slightly longer.

Setting up a trust will take a bit longer and will depend on how complex it is. Simple trusts can be completed in a matter of weeks. More complex trusts may take several months.

Yes. You can change your Will as many times as you like. The cost of this will depend on the amount of changes that you are making.

If your executor does not want to act then they are able to refuse the appointment either by taking power reserved or renouncing their entitlement to act. This is why it is important to appoint replacement executors.

If an executor makes a mistake they can be held personally responsible so it is important they seek legal advice if unsure.

If you lose mental capacity you will no longer be able to make certain decisions for yourself. If you have a Lasting Power of Attorney (LPA) in place, the people you appointed (your Attorneys) will start acting for you. If you do not have an LPA in place a Deputyship may need to be applied for which is a costly and lengthy process.

If you do not have Lasting Power of Attorney (LPA) in place a Deputyship may need to be applied for to give someone access to your finances. This is a more costly and lengthy process than setting up an LPA.

Yes. A spouse does not automatically have the power to access finances and make decisions relating to your health. Without an LPA in place a Deputyship may need to be applied for which is a costly and lengthy process.

You decide where you would like your assets to go. If you choose to exclude someone from your Will you will be asked to provide a reason for this. In certain cases, people who are excluded can contest the Will and having a clear reason for the exclusion will help ensure your wishes are followed.

The statutory age of inheritance is 18. If you do not feel that your children will be mature enough to receive their inheritance at this age you can choose to increase the age limit. Until your children reach the required age, their inheritance will be managed by the trustees of your Will.

If you are not married, your partner will have no legal right to inherit so it is important that you make a Will if you wish to provide for them. There are also certain Inheritance Tax allowances that will not apply if you are not married.

There are steps that you can take to reduce the risk of your property being used for care home fees. However, there is no guaranteed way to stop care home fees being taken from your estate.

How your assets are dealt with will depend on how long you have lived outside of the UK for. When assets are owned in multiple countries it is recommended to create a Will in that country to deal with that particular asset.

Yes you can. However, it is recommended that you make your executors aware of what your wishes are as the Will is not always seen before a funeral takes place. This helps ensure that your wishes are followed.