Wills, Life Planning & Probate

Our Wills, Life Planning & Probate Team offers a complete wills and probate service which includes:

• Preparation of Wills
• Inheritance tax planning
• Preparation and registration of Lasting Powers of Attorney
• Administration of Estates
• Court of Protection applications
• Equity Release
• Long term care planning
• Trusts

Why choose us?

We provide a professional and caring service for all our clients from our offices in Colchester, Chelmsford, Billericay, Clacton-on-Sea, Holland-on-Sea, and London.

Key benefits

• Free storage of Wills
• Fixed costs on all services.
• Free home visits to the elderly or infirm
• A professional and qualified team and members of The Society of Trust and Estate Practitioners and the Equity Release Council.

Comments from our Wills, Life Planning & Probate Clients

• “Prompt and efficient service. Professional at all times.”
• “Very pleased with every aspect concerning my business with you.”
• “Very efficient friendly service.”

Contact Us

If you would like any further information, please contact us on 01206 835261 or email [email protected].

It is always surprising that a large number of people don’t ever think to make a Will despite this being one of the most important legal documents you should make during your lifetime.

If you die having not made a Will your estate could be distributed amongst beneficiaries with whom you would not ordinarily wish to benefit such as a spouse or civil partner with whom you have separated but not legally divorced.

Many people will attempt to write their own Wills and this can result in disaster.  Sometimes homemade Wills fail to appoint an executor or fail to dispose of all the assets of the person who has died.  Others include too much detail and have to be unravelled to discover the true intentions of the person who has passed away and can lead to expensive court proceedings.

Our 2023 fees for Wills are as follows:

Single Will £300 plus VAT

Mirror Wills £450 plus VAT

With offices in Colchester, Chelmsford, Billericay, Clacton-on-Sea, Holland-on-Sea and London we are ideally positioned to serve clients throughout Essex and London.

To contact FJG about making your Will, please contact us on 01206 835261, email [email protected] or fill in the enquiry form below.

Everyone over the age of 18 can make a LPA provided they understand how to make it, the choices they can make and the power that it gives. It is very important you understand the implications and this is why an LPA must be set up before you lose mental capacity.

The person(s) you choose could be a member of your family, a trusted friend or a legal advisor and you can nominate different Attorney(s) to assume responsibility for different decisions i.e. an Attorney for your finances and an Attorney for making decisions relating to your personal welfare. If you choose more than one Attorney for each area then you must decide whether the appointment is a joint appointment in which case the Attorneys all have to act together or a joint and several appointment when they can act together or individually.

LPA – Property and Affairs

Your Attorney(s) will have the power to manage your property and financial affairs. For example operating a bank account, rearranging your investments and selling property. Your Attorney is not permitted to make gifts on your behalf other than those that you have made on a regular basis e.g. Christmas and birthday gifts to the family or regular charitable donations.

LPA – Personal Welfare

Your Attorney will have power to make decisions about your health care and medical treatment e.g. where you should live and who looks after you on a day to day basis; consenting to or refusing medical examination and treatment.

In both forms of LPA you can add restrictions or conditions to areas where you would not wish the Attorney to have the power to act.

Your LPA must be registered with the Office of the Public Guardian before it can be used and an unregistered LPA will not give your Attorney any legal powers to make a decision for you. You can register the LPA while you are still capable or the Attorney can apply to register the LPA at any time.

LPA Charges

Every adult should make a Will and a Lasting Power of Attorney (LPA) for further information follow the links.  A Will comes into place when you die but an LPA is used by your appointed Attorney if you are unable to manage your finances or make decisions about your health and welfare due to physical or mental incapacity.  It is essential to have these important legal documents in place not only for your own peace of mind but also to make life easier for your family should you die or lose capacity.

Single Person:

One Lasting Power of Attorney EITHER Property & Financial Affairs or Health and Welfare	£450 + VAT*	= £540
Two Lasting Powers of Attorney BOTH Property & Financial Affairs  and Health and Welfare	£800 + VAT*	= £960

A Couple:

Two Lasting Powers of Attorney You both wish to have either Property & Financial Affairs or Health and Welfare	£800 + VAT*	= £960
Two Lasting Powers of Attorney You both wish to have both Property & Financial Affairs and Health and Welfare	£1,400 + VAT*	= £1,680

*All prices include VAT at 20%

An LPA cannot be used until it is registered with the Office of the Public Guardian. The above prices include the cost of registration but do not include the fee charged by the OPG of £82 per document.

Benefits include:

• FREE life-time storage
• FREE home visits for the elderly or infirm

We can advise on setting up the Lasting Powers of Attorney and on the application for registration. To contact FJG about setting up LPA’s, please contact us on 01206 835261, email [email protected] or fill in the enquiry form below.

What is a Trust?

A trust is a legal arrangement which enables an individual known as a settlor to transfer assets such as cash, or property, to another person known as a trustee. The trustee holds the assets for the benefit of an individual, or class of individuals, who are in turn known as the beneficiaries.

Reasons for setting up a Trust

Due to the flexible nature of trusts, they can be used for a wide range of different circumstances. The most popular include:

• Inheritance Tax Planning
• Long Term Care Planning
• Asset Protection.

Our Wills, Life Planning & Probate team are able to advise on all aspects in relation to the creation, administration, and termination of trusts.

To contact FJG about Trusts or if you would like any further information, please contact us on 01206 835261, email [email protected] or fill in the enquiry form below.

If you are appointed an executor of a Will or if you are the person entitled to extract a Grant in an intestacy, then this can be quite a daunting experience which can involve a great deal of your time.

If the estate is substantial, you may find you have to complete an Inland Revenue Account and raise Inheritance Tax before you can obtain a Grant. You will need to obtain probate valuations of all the assets at the date of death which could involve instructing an Estate Agent to value property and Stockbrokers to value shares. You will also need to finalise the income tax affairs of the person who has died.

Sometimes there are beneficiaries in the Will who have moved away (or perhaps there is no address in the Will for them) and there could be problems tracing them.

Our team of experienced lawyers can arrange all the necessary valuations, complete all accounts and documents to lead to the Grant. We will arrange closure of bank accounts, sale of shares and property. We are able to instruct genealogists to trace missing beneficiaries and, ultimately, we will pay out any legacies in the Will and distribute what is left to the residuary beneficiaries.

We offer an initial free face to face appointment at our offices to discuss your case. Following this initial appointment we will advise you of our fixed fee charges before commencing any legal work giving you peace of mind from the outset.

Grant Only Service

For estates where a full Inland Revenue account known as an IHT 400 is not required, for a fixed fee of £950 plus Vat plus disbursements of Probate Court fee £273, ( additional copies of the Grant cost £1.50 each). We are able to prepare the paperwork leading to the issue of the Grant.

This service will suit individuals who wish to administer the estate themselves ( typically due to it’s simplicity and low value) but do not have the time to attend the interview at their local probate registry and complete the personal application forms.

Fixed fee is exclusive of the Court fee which is £273.

To contact FJG about next steps, please contact us on 01206 835261, email [email protected] or fill in the enquiry form below.

Equity Release is a way for homeowners typically over the age of 55 to release a tax free  cash lump sum from the equity tied up in their home. Alternatively home owners may opt to receive a regular income for the rest of their life.

Factors such as increasing life expectancy, low interest rates, inflation and a reduction in retirement income have contributed significantly to the demand for Equity Release in recent years.

The most popular reasons for releasing equity include:-

• Repaying an existing mortgage
• Home improvements
• To provide financial assistance for family members or pass on an early inheritance
• To replenish savings
• Repaying existing debts and lowering monthly outgoings
• Inheritance tax planning
• Assist divorcing couples when splitting assets
• Funding long term care.

Why Choose Us?

We are able to offer our clients face to face, expert independent legal advice, on all aspects of Equity Release.

We charge a  fixed fee of £850 plus VAT which includes a free Will review, and home visits at no extra costs for those clients in the local area who are unable to attend our offices.

If for any reason you decide not to proceed to completion we will waive our fee.

To contact FJG about Equity Release, please contact us on 01206 835261, email [email protected] or fill in the enquiry form below.

Fisher Jones Greenwood Solicitors Can Assist Your Business

At Fisher Jones Greenwood Solicitors, we provide legal assistance to both individuals and businesses. Our services are designed to provide you with the representation you need to protect your rights and look out for your best interests. As a business owner, it’s essential that you have a legal professional you can turn to before making crucial business decisions. We aim to be that for you. Our team can help you in many areas, including obtaining a business lasting power of attorney. We encourage you to reach out to us if you have questions or would like additional information.

What Is a Lasting Power of Attorney?

Most people have heard of a lasting power of attorney before, and understand that it is a legal document granting someone the authority to handle another person’s affairs. However, there is also something known as a business lasting power of attorney that is used for business owners. A business power of attorney grants authority to your appointed attorneys to run your business on your behalf, should you become incapacitated or unable to run it yourself. The level of control given to the attorneys can be tailored to suit your individual business and its needs.

Types of Professionals or Businesses that Need an LPA

A business LPA is a good idea for all business owners, as they ensure your company will remain in good hands even if something happens to you. Planning for the unexpected is always the smart thing to do, as you never know when a sudden illness or accident could leave you incapacitated. While a business LPA is suitable for all companies and business professionals, they are especially useful if you fit into one of the following categories:

• Sole Trader: Any person who is a sole trader needs a business LPA because they are not a separate legal entity to their business.
• Self-Employed Individual: Someone who is self-employed should obtain a business LPA so that someone can continue running the business in their absence. Otherwise, the operation could collapse quickly.
• Company Director: Any company directors should have a business LPA, especially if their incapacitation is not covered by the Articles of Association or Memorandum of Association.
• A Partner within a Partnership: If you are part of a partnership, you need a business LPA so that your attorneys can be your voice while you’re incapacitated. You want to ensure someone is representing your ideas and opinions so that the partner doesn’t make all decisions.

Reasons You May Need a Business LPA

The world is unpredictable, and so is life. There is no way to predict precisely what will happen next or where you’ll be in the next year or beyond. For this reason, it’s essential to know that your business will be in good hands should anything prevent you from making decisions or running it as you usually would. There are many situations where you may need a business LPA to grant authorisation to a trusted person or team. Some of these situations include:

• Chronic Illness: If you are diagnosed with a severe illness or medical condition, like dementia, you may no longer feel confident in your ability to make business decisions. A business LPA will ensure someone is running the business as you would want them to.
• Accident: Serious accidents can leave you injured or incapacitated. In situations like these, it’s important to focus on your recovery and leave essential business decisions to someone else who has the time and energy to complete the work thoroughly.
• Unforeseen Circumstances: As a business owner, you may be required to travel for work. Any time you travel, there’s a chance your plans could be delayed by events beyond your control, like a natural disaster or civil unrest. In these cases, you need someone to act on your behalf for time-sensitive business decisions.

The Consequences of Not Having a Business LPA

Without a proper plan in place, your business can face harsh consequences if you become unable to run things. Without an owner to make decisions, your business can fail in a matter of weeks, causing you to lose your livelihood and all the success you’ve gained. When you don’t have a business LPA, your business could face the following consequences:

• Frozen Accounts: If you are a business owner and lose the capacity to run your business, the bank can freeze all accounts rather quickly. This could be disastrous for your operations as no one will have access to necessary funds, making it impossible to do business.
• Mismanaged Company: Without a legally binding business LPA, the day-to-day operations of your business could be handed over to someone you don’t necessarily trust. A business LPA allows you the opportunity to appoint precisely who you want and sets specific rules about the authority they will have in your absence.
• Costly Court Proceedings: Without an LPA, employees of your business will have no legal claim to help run things in your absence. In order to gain this authority, they will have to obtain a deputyship order in the Court of Protection, which could take over six months and cost thousands in legal fees.

Contact Us Today

If you would like more information about obtaining a business LPA or would like to discuss your business needs, please feel free to reach out to Fisher Jones Greenwood Solicitors today. We can answer any questions you may have and start the process for you. Please contact us on 01206 835261 or email [email protected].

Fisher Jones Greenwood Solicitors Answers Your Questions

As a business owner, you want to do everything you can to protect your company’s success and future operations. You likely take careful steps before making any decision and work hard to ensure your business is run appropriately. Part of being a business owner is planning for all situations. What will happen to your business if you become unable to be its leader? If you don’t have a plan for this situation, it’s time to consider obtaining a business lasting power of attorney (LPA). Fisher Jones Greenwood Solicitors can help you through this process, and we’ve also compiled a list of our most frequently asked questions to help you better understand this important legal document. Please contact us if you have additional questions not listed here.

What Are the Types of LPAs?

A lasting power of attorney can be used in many different capacities. These legal documents are useful for both individuals and business owners, as it allows both the freedom to choose who will make decisions on their behalf should they ever be unable to do so. If you need a power of attorney, you can select the person which you wish to grant power to, as well as set any limitations for the actions they are allowed to take. There are a few different types of LPAs, including:

• Personal LPA (Property & Financial): This type of LPA permits another individual to make decisions about your personal property and finances in the event you are incapacitated.
• Personal LPA (Health & Welfare): This type of LPA grants authority to another individual to make decisions about your healthcare and well-being, in the event that you are unable to make these decisions yourself.
• Business LPA: A business LPA is used to grant authority to another individual or group of people to run your business when you cannot. This may be necessary if you are out of the country, suffer an injury, or become ill.

Why Do I Need a Business LPA?

If you are not familiar with lasting powers of attorney, you may be uncertain if one is necessary for your business. The truth is nearly all companies can benefit from having a business LPA in place, as they can help protect your business in many situations. Without a power of attorney, there will be no one to legally run the business on your behalf, which can send your financial situation into a nosedive rather quickly. You need a business LPA to permit another individual to make decisions and keep your business running if:

• You are abroad on holiday or for business.
• You are injured in an accident and unable to perform your duties.
• You are diagnosed with a medical condition that incapacitates you.

What Are the Advantages of a Business LPA?

Obtaining a business LPA can help your company in many ways, ensuring things run smoothly if you’re ever absent from your position. As trained Legal experts, Fisher Jones Greenwood Solicitors can help you obtain an LPA for your business and understand how it will protect your operations should anything happen to you. Some of the advantages of a business LPA include:

• Uninterrupted Business Operations: If you don’t have a business LPA in place, your business operations will come to a halt until someone can obtain a deputyship order, which could take months. A business LPA will ensure your business can continue to run uninterrupted in your absence.
• Peace of Mind: As a business owner, you’ve worked hard to build your operation into a successful company. You don’t want to see all that work wasted because you aren’t there to oversee things. An LPA will give you peace of mind that your business can function even if you are not present.
• Appointment of Trusted Individual: You don’t want to hand the reigns of your business over to just anyone. But unfortunately, that could happen if you don’t have an LPA in place. By obtaining an LPA, you’ll have the opportunity to appoint a trusted individual to run your business, so you know it will be in the best hands.

What Happens If I Don’t Have a Business LPA?

Without a business LPA, the daily decisions and operations of your business could fall into the hands of the wrong person. The absence of an LPA means an application will have to go through the Court of Protection to appoint a deputy to act on your behalf. This process can be expensive, and the court may end up selecting someone you wouldn’t have chosen to run your business. Even worse, the absence of an LPA could cause your business to fail. With no one legally able to make decisions for your business, operations will come to a halt, which may end up ruining your business before you return.

How Do I Choose an Attorney for My Business LPA?

Appointing an attorney to act on your behalf is an important decision, especially if you run a business. For this reason, it’s essential to consider all your options and choose the person who you think will be capable of handling the job and will run the business as you would. If possible, select someone with skills and experience in running a business like yours. Also, think about who will be able to oversee the sale of your business or its transfer to a family member. In the event that you are permanently incapacitated, your attorney will have to be part of that process.

Contact Us with Additional Questions

If you are a business owner, an LPA is necessary to help protect the future success of your business. We know the process of obtaining an LPA can be confusing, but our team is here to assist you. Please feel free to reach out to us for guidance or if you have any other questions, call us on 01206 835261 or email [email protected].

As well as the useful information sheets below. We also have a helpful Wills, Life Planning & Probate Jargon Buster on our blog.

The Importance of  Making a WillWills Information LeafletLPA LeafletA Guide for AttorneysGrant of Probate LeafletWhat To Do When Someones DiesEquity Release MortgageClients considering a gift of the family homeNote to client explaining probateWhat to consider when making a WillItems required for ProbateLPA vs EPAOlder and vulnerable client care procedure

Our Wills, Life Planning, and Probate team run a free Probate Dispute drop in clinic every Thursday in our Braintree office. You can drop by the office between 10am and 1pm for an initial consultation.

Over the next few weeks, we will be seeking to offer a number of resources looking at a number of the topics and issues you might wish to consider. Whether that be looking at the pitfalls of Will drafting, excluding a beneficiaries, defending against or bringing a claim.

Please note this service will only be available for 8 weeks.

How it works

Simply pop into our Braintree office on Thursday between 10am and 1pm where you are able to have 15 minutes with a Solicitor who can answer any questions which you may have on a Wills, Trusts or Probate Dispute issue. Whilst it will not provide you with in-depth specific legal advice on a matter, it can help give general advice and help you to know where you stand.

Our Probate Dispute clinic is absolutely FREE!

If you have any questions or would like to get in touch please call 01376522828 or email [email protected]