Advice on making a will and inheritance tax planning

Making your Will

We wish to give you peace of mind about what will happen after you die and reassurance of knowing that you have made appropriate provision through a legally valid and properly drafted Will.

Your Will is a legal document in which you state what you would like to happen to your Estate.  Your Estate consists of your house (less any outstanding mortgage or other loans secured on it), cash and savings, your car, household and personal items, proceeds from any life assurance policies and pensions where there isn't a named beneficiary or the plans are not written in trust less any outstanding loans, credit card balances, household bills, funeral expenses etc

We can offer you expertise and experience in Will drafting and, when needed, a full Probate service.  Our service is friendly, approachable, affordable and sensitive to your individual needs.  We are happy to see you at our office or at your home if you live in Torbay and the surrounding area.

Provisions to reduce Inheritance Tax

If the value of your Estate after payment of your debts and gifts to exempt beneficiaries (such as spouses, civil partners and charities) exceeds the Inheritance Tax Threshold (currently £325,000 for the current tax year), then the Inheritance Tax will be payable at 40% on the value of your Estate over this amount.  However, if when you die you are a widow/widower or bereaved civil partner your Threshold could be increased or even doubled.  There are further allowances available if your home forms part of your estate being inherited by your children.  Please speak to us with regard to tax saving provisions that may assist in your particular case, as your tax allowances will be determined by your personal circumstances.

The cost of making a will with us

We believe that we can offer you a service which is value for money.  We charge £420.00 (incl. VAT) for a single Will and £720.00 (incl. VAT) for mirror image Wills (for example, Husband and Wife, Partner or Civil Partner). If you require detailed Inheritance Tax advice,or trust drafting, we may charge you in addition for such advice. It is our practice to let you know the cost of our advice at our initial meeting and to confirm the same in writing. 

Inheritance Tax

Please see ‘provisions to reduce Inheritance Tax' above for some basic details on how you may give consideration to Inheritance Tax when drafting your Will. 

Your Personal Representatives (Executors or next of kin) are responsible for finding out if Inheritance Tax is due as a result of a person's death, and personally responsible to make sure that it is paid. 

Whether Inheritance Tax needs to be paid can depend on (amongst other factors): 

  • how much the property and belongings of the Deceased were worth when they died
  • the value of any gifts that they gave before they died, when the gifts were made, and to whom they gave these gifts
  • the value of certain trusts from which the Deceased benefited
  • which people benefit under the Will or under the rules of intestacy (the Beneficiaries)
  • We would like to use our expertise and experience to help you deal with the above.  In some cases, simple adjustments to how an Estate is administered can result in significant savings which can run into thousands of pounds.

Our costs

Our costs may vary depending on the nature of the work undertaken.  Basic Tax Planning and Advice would be included in the costs above for Will drafting.  If your Tax Planning needs are more complex then further costs would be incurred, usually at an hourly rate.  We would let you know our likely costs at our initial meeting and confirm the same in writing. 

There may also be additional fixed charges that we have to make if your instructions require us to undertake additional services.  These additional fixed charges will be discussed with you before undertaking the work. The table below details some of those additional fixed charges: 

Service Single Pair of
Additional Property Trust  £100 + VAT Same as Single fee
Emergency/Death Bed Will £350 + VAT
Codicil £150 + VAT £200 + VAT
LPA - Certificate Provision £150 + VAT £250 + VAT
Advance Decision (Living Will) £250 + VAT £350 + VAT
Severance of Joint Tenancy £150 + VAT
Reversal of Severance £150 + VAT
Travel 20 Miles Inc £50 + VAT over 20 Miles £100 + VAT over 50 Miles
Urgent Drafting Fee £100 + VAT
Disabled Persons Settlement £900 + VAT

Court of Protection/Deputyship matters

Complex advice on Estate Planning

Hourly Rate (fees to be discussed/agreed with the Client prior to any work being undertaken)

Contact us on 01803 313656 or email ben@darbylaw.co.uk

Contact the Wills & Tax planning team

Jonathan Parker

Jonathan Parker

Solicitor

Talk to Jonathan

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Stephanie Sutherland

Stephanie Sutherland

Solicitor

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Ben Darby

Ben Darby

Partner

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