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Frequently Asked Questions
Below are a few commonly asked questions. Just click on the question to view the answer..

1. Why do I need a will?

Everyone who owns a house or has other assets should make a Will to safeguard the future of their family and loved ones. If you do not leave a Will your possessions will be divided among your family without regard to your wishes. If you are married your husband or wife will not inherit all your possessions unless you leave very little or have no children, grandchildren parents brothers or sisters or nephews or nieces.

If you live with someone but are not married your partner will have no automatic right to inherit any of your assets. You may have promised to leave items to people during your lifetime but without a Will these promises will not be carried out. If you die without a Will there is invariably more delay and expense while enquiries are made to find out who is entitled to a share of your possessions. Even distant relatives may have to be traced - you can imagine how complicated and time consuming this may be at a time of grief and stress.

2. Will there be any inheritance tax on my death? if so, what can i do to reduce the amount that my heirs will pay on my death?

There are complex rules relating to Inheritance Tax but generally Inheritance Tax is payable on that part of your estate which exceeds the nil-rate band at 40%. The nil rate band is £300,000 from 6 April 2007 but this alters from time to time and so it is always a good idea to keep an eye out for this in the Budget. We can assist you by discussing your personal situation to find a suitable way for you to plan your estate from an Inheritance Tax point of view.

3.What could I do to ensure that my financial affairs can be dealt with in the event of me losing my mental capacity?

A Power of Attorney is a document whereby a person (the Donor) gives another person (the Attorney) power to act on his or her behalf in his name in regard to his financial affairs. Enduring Powers of Attorney are a special type of Power of Attorney which remain valid even when the Donor becomes mentally incapable of dealing with their own affairs. We would be happy to discuss this further with you to ensure that your needs are met.

4. Do I need to come into the office?

Although we will have to meet you in order to prepare your Will, a member of the team will be happy to make home visits if this would be of assistance.

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Useful Links

The Old Monastery, Windhill, Bishop's Stortford, Herts CM23 2ND
Tel: 01279 758080    Fax: 01279 467565    Email:office@pellys.co.uk
DX: Bishop's Stortford 50401

Suite 4 Second Floor, Ravenscroft House, 61 Regent Street, Cambridge, CB2 1AB
Tel: 01223 654220    DX: 131975 Cambridge 6

12 Market Walk, Saffron Walden, Essex CB10 IJZ
Tel: 01799 514420    DX: Saffron Walden 200303

Pellys LLP is a Limited Liability Partnership
Registered Office: The Old Monastery, Windhill, Bishop's Stortford, Herts. CM23 2ND
Registered in England and Wales - Registered Number OC309969
A list of members is available for inspection at our registered office
Pellys LLP is regualted by The Solicitors Regulation Authority

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