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Everyone should make a Will. The consequences of not so doing can be serious for those concerned. You should not assume that the estate will automatically pass to the surviving spouse if someone dies without having made a Will.

Many people consider they do not need a Will until they approach retirement age. Most people when they first set up home incur considerable obligations and responsibilities both financial and otherwise. Others feel that making a Will is a final step. But you can alter your Will. Indeed you should keep it under constant review to ensure it still meets your needs and wishes and is not affected by new legislation. Wains can assist you by drawing up the Will and keeping developments under review.

Wains can advise on long term tax planning both during life and after death which can yield considerable savings for the family.

Standard Will forms obtained from stationers are adequate if you follow implicitly all the instructions particularly with regard to signing. However, a mistake may well make the Will invalid and usually this is only discovered after death. A substantial proportion of home made Wills contain mistakes. Instructing a solicitor to assist in the making of a Will is, therefore, very cost effective.

Wains can advise on all aspects of the preparation of Wills including the appointment of Executors. If requested, Wains can act as Executors. After death Wains can provide the speedy and efficient administration of the estate. This includes:

  • Ascertaining and valuing assets as at date of death
  • Preparation of papers to lead to Grant of Probate
  • Obtaining the probate
  • Dealing with assets, turning them into cash or transferring them direct to the beneficiaries
  • Paying debts and legacies
  • Investigating and resolving any tax queries before distributing the estate to the residuary beneficiaries

Probate work has a reputation for being a lengthy procedure. However, Wains will expedite the matter in a speedy and efficient manner so far as is possible and keep clients fully and regularly informed of the position as the matter proceeds.


There are more elderly people in the community than ever before requiring assistance in connection with pensions, residential care and how, if at all possible, to avoid the family home from being used to meet nursing home fees. Over the next decade this will be of even greater importance as more people retire earlier and live longer.

Wains can advise on all such matters of concern. These include advice and preparation of Enduring Powers of Attorney and registration at the Public Guardianship Office. The firm, if required, can act as Attorneys if there is no member of the family available for this purpose. There are numerous time limits applicable which may adversely affect an efficient and satisfactory arrangement of assets should the client require nursing home or other care.

Delay in seeking proper advice can make all the difference between retaining family assets and the peace of mind of the client or losing these and the client suffering hardship. Wains can advise on legislation and many social security regulations which have to be considered and for which Local and other Authorities sometimes have different interpretations.

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