It is estimated that around 300,000 people die intestate (without a Will) every year. This means that the assets owned by you at your date of death will pass under the intestacy rules and not necessarily in accordance with your wishes. The main benefit of making a Will is that you can control how your assets are divided when you die and ensure that your loved ones are provided for as you see fit. Making a Will also means that dealing with your estate will be a simpler (and possibly cheaper) exercise for your family than would be the case if you die intestate.

When Should I Make a Will?

Now. It will give you the peace of mind of knowing that your express wishes will be carried out when you die. If you already have a Will but have recently married or divorced or if your circumstances have changed (for example, if the size of your estate has increased meaning that tax efficiency should be considered) then you should make a new Will.

How Much Does it Cost?

We charge £300 plus VAT for a single Will or £580 plus VAT for Mirror Wills in similar form. There will be additional charges if your Will is complex, for example of it includes a discretionary Trust or involves a lot of time and meetings, if you request a home visit or if tax planning is required. The basic cost structure will not be exceeded without discussing this with you beforehand.

Your Executors are the people who will deal with your estate after your death. They will collect and value your assets, settle any debts and discharge any inheritance tax payable, distribute any specific legacies (such as personal belongings) or money gifts you have left then distribute the remainder of your estate (the residue) in accordance with your Will. We recommend that you appoint at least two Executors in case one of them is unable to act for any reason. This can be your spouse, any relative or friend and/or a professional Executor such as firm of Solicitors. The role of your Executors will extend to holding monies as Trustees for any beneficiaries who are under 18 at the date of your death until they are old enough to receive the gift you leave them in your Will.

In your Will you can state who you would like to care for your children in the event of your death. The appointment of a Guardian usually takes effect on the death of the second parent. However, if you wish somebody other than your child’s surviving parent to become their Guardian then your Will may be used as evidence of your wishes in any subsequent Court proceedings relating to your children. The duties of a Guardian are similar to those of a parent. They are

Will You Still Need 2 Witnesses to Create a Valid Will?

t is estimated that around 300,000 people die intestate (without a Will) every year. This means that the assets owned by you at your date of death will pass under the intestacy rules and not necessarily in accordance with your wishes. The coronavirus pandemic has increased the level of demand for people wanting to write or update their wills. Due to the legal formalities of requiring a valid will to have two witnesses, with social distancing and a UK government lockdown, the coronavirus has also created a number of practical problems in terms of how a valid will can be made.

How can I sign my Will if I can’t come into your office?

In order for a Will to be valid it must be dated and signed by the testator (person making the Will) in the presence of two independent witnesses who must also sign the Will in the testators presence. The witnesses must be at least 18 years old, must not benefit in any way from your Will and generally should not be a member of your family. There is no formality for the witnesses to be acting in a professional capacity so you do not have to come into the office. We are currently offering our clients video conferencing and / or telephone meetings to go through this where required. If you have concerns about signing your Will, contact our Private Client Team.

How to Witness My Will During Lockdown?

In order for someone to witness your signature on a Will you and the witnesses must be in the same place and the same time, you cannot sign / witness a Will over Skype or other video calling methods. There has been varying advice from companies in trying to deal with this issue, but provided that you and the witnesses can see each others signatures whilst signing it should still be possible to stand two meters apart keeping inline with government guidance. The majority of clients have been able to contact their neighbour to ask if they can be witness to their Will and either deal with the signing outside their houses or even on opposite sides of a window. Obviously you should make sure that you and the witnesses wash your hands thoroughly before and after signing. If you have concerns about signing your Will, contact our Private Client Team.

Dispute Resolution Solicitors Enfield, Finchley, North London and Hertfordshire

Whether your dispute is a challenge to your business or to you personally, you no doubt dread the prospect of legal proceedings as the only solution.

We understand the issues involved, and can help you resolve them quickly and effectively in one of two ways.

Mediation and Arbitration

The cost of litigation can be far more than purely financial. You risk your reputation, relationships with business partners or neighbours can be compromised, and there's still no guarantee that you'll win damages of any kind. Curwens can help diffuse the situation by mediating or arbitrating between you and the litigant, resolving the dispute before it ends up in court and the public domain.

Litigation as an Option

Curwens will analyse your dispute and give you an honest and accurate assessment of your likelihood of succeeding, clearly outlining the risks involved and offering objective and practical advice. Our team is here to help with a full range of commercial and civil litigation disputes involving;

Business lease
Personal injury
Contract disputes
Bankruptcy
Landlord and tenant disputes
Shareholder and partnership disputes

Fixed-fee Litigation

Spiralling litigation costs are a genuine concern for anyone considering legal action. Curwens’ highly experienced lawyers can accurately cost each stage of the process so that you remain fully aware of your potential expenditure every step of the way. Debt Recovery, for example, can often be achieved with a simple letter drafted by us on your behalf, with no additional action required.

Call us now to speak to one of our expert advisors.

"I had the pleasure to speak to Adrian Boulter, he was kind enough to call me in the evening relating to my question. Adrian was open and honest and made me feel so comfortable. I would highly recommend. Whenever I need a new professional service, I research and check their Google reviews. Recently I needed legal advice concerning a property issue and instead of using Google reviews, I asked a contact for a recommendation. Curwens were recommended to me. I called their office and asked if it would be possible to speak to someone. I was expecting to be asked to send my request by email. The friendly Receptionist transferred me to Adrian Boulter. Adrian gave me some honest and frank advice with the pros and cons and answered all my questions. I really wasn't expecting so much feedback. I cannot praise the service or Adrian enough. His advice was sincerely appreciated. I will definitely go to Curwens with any future issues. Thank you Adrian." Anonymous Client.

Contact our Dispute Resolution Lawyers in Enfield, North London and Hertfordshire today

Call us today or complete our online contact form and one of our team will be in touch to discuss your matter further.

FAQs

There are various options. Firstly you should check your insurance policies which often include legal expenses cover. If the claim is accepted by your insurer then they will pay your fees. If you do not have such cover you may be able to obtain it from an ‘after the event’ insurer, although this kind of cover can be expensive.

If you are paying for our services yourself we will give you full details of our rates and indicate the approximate times when funds will be required to pursue the matter. In the unlikely event that your matter qualifies for Legal Aid, we will make sure that you are advised accordingly. Please note that Curwens does not operate a Legal Aid franchise and you will need to appoint another firm of solicitors.

Each situation has its own variations and hence it is not possible at the outset to ascertain the total cost of completing the work. We do fully understand that you will wish to keep costs to a minimum and we will assist by giving you clear explanations of your options, throughout the matter. We will give you an estimate and in some case can offer a fixed-fee service for you. We will always discuss with you whether there is greater merit in continuing the case or whether it would be more beneficial to settle. We will try to ensure that you remain in control.

Generally speaking if the claim is for less than £10,000 then each side will pay their own costs, whether winner or loser. If the claim is greater than £10,000 then the winner’s costs are normally paid by the loser. This is not always the case and the judge will ultimately decide. Even if you win and the judge orders costs be paid by your opponent, you will not always receive the whole amount and on top of this, if the loser ultimately cannot pay, then you may receive nothing.

We are experienced in managing negotiations, ensuring that the court we see how hard we worked to achieve a reasonable settlement prior to the hearing, thus aiming to keep costs down. Assuming we then win, the court will often see that the now higher costs were not our fault and will, accordingly, decide in our favour. You, our client, will ultimately be responsible to Curwens for our costs.

We cannot guarantee a particular outcome. Many factors influence a judge. He or she is human after all and the decision may come down to small details or how convincing a particular witness is, on the day. We will of course give you an assessment of the strength of your case and any factors giving concern about the outcome. With this information, we will discuss with you the cost implications of proceeding to trial versus the option of trying to come to an acceptable settlement.