As prime time TV advertising and mainstream press coverage begin to remove the taboo of discussing death, people are increasingly seeking to plan ahead for their own funeral. Tim McCracken of FMC & Sons explains the growing trend.

It seems that nowadays we can’t turn on the TV without coming across a programme about antiques, often featuring a treasured item that has been passed down through generations. The expert’s valuation may be minimal, but usually the current owner professes a great attachment to the item as being an important link to a departed relative. So whether or not our personal chattels have major monetary value, it can be important to use our Will to pass them on appropriately – but what is the best way to do it?

In his March 2012 report “Costs and customer service in a changing legal services market”, Adam Sampson, the Chief Ombudsman at the Legal Ombudsman (LeO), emphasises that customers are at the centre of what every legal services provider does. The report contains a number of stories in which he identifies that the uncertainty surrounding the cost of legal services generally, law firms’ lack of clear pricing policies and poor customer communication, as being the source of most complaints to LeO. He singles out the traditional practice of charging open-ended hourly rates for special criticism, saying that customers have the right to know in advance what the cost of buying legal services will be.

The ‘Tell Us Once’ Birth and Bereavement service was developed jointly by local authorities and central government, and was implemented in over 96 per cent of councils nationwide towards the end of 2011. The ‘Tell Us Once’ service enables customers to inform government just once about a birth or death and for this information to then be shared (with their consent) across other government services.

Nigel Merchant, Regional Probate Consultant here at Kings Court Trust, is frequently asked about Inheritance Tax. Here’s what he has to say:

Although we are free to make a will so that, when we die, we can leave our assets to whoever we like, we are also free to die without having made a will – or intestate – so that the state decides how our estate will be divided up. Either way, if we leave behind people who need and could reasonably expect financial help from our estate, the law can step in to make sure they get it under the Inheritance (Provision for Family and Dependants) Act 1975. The intestacy rules in England and Wales are set out in the Administration of Estates Act 1925 and have not materially changed since their creation. Nick Beetham looks at amendments proposed by The Law Commission after exhaustive research and consultation.

Dealing with an estate when someone has died is a puzzle for most of us. We are faced with this task so infrequently that it is not one that is routinely learned through life experience and added to this is the fact that probate and inheritance law change from time to time; what was relevant seven years ago might not be appropriate today. In Part One of this two-part article, we looked at the early activities that take place including the considerations a family normally takes into account before appointing professional help and then after the appointment, the steps and information needed to apply for a Grant of Probate.

As part of its service, Kings Court Trust provides a safe, dry and secure Will storage facility. Testators have a lot invested in their will – not just the costs of having it professionally written, but also the effects it will have when the need for probate arises. From a prudent risk management perspective, testators should consider the wisdom of simply keeping such an important document with their papers at home where the Will could, conceivably, become lost or be destroyed inadvertently or even on purpose. Fires and floods do happen and risk of loss is increased at stressful times as when moving house.

From November 2011 Kings Court Trust Corporation will be known more simply as Kings Court Trust. Along with this change, we have a new brand, logo and website and so do take a look at www.kctrust.co.uk and let us know what you think.