Harold Stock & Co. Solicitors

Rooted in the community

Wills and probate

How do I protect my home in my Will? What can I do about care home fees?

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There are various ways in which you can own your home. These are:

  1. Solely
  2. Jointly – as joint tenants
  3. Jointly – as tenants in common

If you own your property as joint tenants, this means that upon your death, your share in the property will automatically pass to the surviving joint owner.  The property is owned as a whole, by the joint owners and this happens regardless of the contents of your Will, if you have one. This is also known as “survivorship”.

If you own your property as tenants in common, rather than owning it as a whole, you each own a share (this may be an equal or unequal share) in the property.  Whatever your share in the property, at the date of your death, you should pass that share via your Will to someone other than the person you own the property with.  This is a very popular way to deal with your property in your Will, should you have a blended family i.e. children from previous relationships. 

Another reason why owning your property as tenants in common is useful, is if you are looking to protect your share in your home in the event that the survivor of you needs to go into care.  Once the first person passes away, their share can be held in trust for their child(ren)/other beneficiaries, meaning that the share is completely protected by the trust.  Only the share of the surviving owner, who is then in care, can be used towards payment of that care.  If you own the property jointly as joint tenants and as the survivor you go into care, there is a strong possibility that the full value of the property will be used towards your care fees, meaning that your chosen beneficiaries may not receive anything, upon your death.

Our team come across a lot of couples who are unhappy at the thought of working all of their lives, for their property then to be eaten up by care home fees, when they would rather it be passed down to their children/beneficiaries. Therefore, if they are joint tenancy property owners and want to separate their property into shares, we can advise on this and arrange for this to happen for our clients when drafting their Wills.

When leaving your share in your home to someone other than the joint owner, we also include a clause called a ‘Life Interest Trust’ in your Will.  This enables the surviving joint owner to remain in the property for the rest of their days, completely secure.  Again, this is popular with families with stepchildren, who maybe do not get along with their step parent and this enables the step parent to remain in the property without the worry that the property could be sold from under them.

If you are concerned about the above or require help making or amending your current Will, please contact our specialised team, Kelly or Kirsty on 0330 400 4040 or on info@haroldstock.com and they will be more than happy to explain how this may benefit you and your loved ones.

Wills – what to think about before an appointment

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Clients often ask what they need to consider prior to a Will appointment. Here is a guide to help you prepare:

Executors: Who do you want to carry out your wishes? We would suggest you name at least two people you trust, just in case one person is unable or no longer willing to act as your Executor.  

Trustees:  Perhaps someone due to inherit from you is underage, or vulnerable, then their share would be placed in a trust. Who would you wish to be responsible for this?

Harold Stock & Co. can be your Executors or Trustees if you wish to choose someone independent, and we can discuss this in more detail with you.

Specific gifts: Is there a particular item you wish to leave to someone e.g. jewellery, a property,  a painting, a collection you have.  These will pass to the named people before the rest of your estate is dealt with.

Pecuniary gifts: These are gifts of money. You may wish to leave an amount of money to a specific person,  people, or a charity, instead of gifting them a share of everything you own.  Again these are paid out before the rest of your estate is dealt with.  

Residue: Who is to receive the remainder of your estate?  You may wish to leave this just to one person or divide this up between several people. You can also put in place substitutes, such as your named person’s child/ren. 

Guardians: If you have young children, consider who would you trust to care for them, give them a home, and raise them, if you were sadly no longer around?  

Animals:  Who would look after your beloved pet?  You may choose to help your nominated person by leaving some financial support to help pay for your pet’s food, vet bills and any other expenses.

Funeral: Have you any preferences as to a certain type of service, burial, cremation, your ashes etc?  You can give basic details in your Will to help your Executors carry out your wishes.

The full names, and spellings, of everyone you wish to name in your Will will be required.  It is also helpful to provide their addresses, as even though people move home from time to time, it is a way of identifying them in the future.

If you are considering making a Will, our friendly Wills and Probate team will guide you through the process, explaining everything in plain English.


For an appointment with one of the team click here https://www.haroldstock.com/contact/

if you prefer call 0330 400 4040 or email info@haroldstock.com

Can I make a Will during lockdown?

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Our specialist Wills and Probate team have always taken instructions from clients wishing to make a Will or make amendments to their Will via telephone, video calling and email and during lockdown is no different. However, a key factor in making a valid Will is how the Will is ‘executed’. In other words, how it is signed in front of witnesses.

New rules, implemented due to the pandemic, now allow for Wills to be witnessed via video. Previously, witnessing a Will to ensure it is valid has always included the need for physical presence and a line of sight, so that the Will maker and the two witness can all see each other sign the document. Clearly these requirements pose a problem with lockdown and social distancing.

Whilst this change is welcome to those shielding, and video witnessing is a service we can offer our clients, the video witnessing of Wills should be very much a last resort. The reason for this is that the person making the Will and the witnesses must all sign the same document and therefore when the same document has to be transported between the location of the Will maker and the two witnesses of the Will, this can cause delay and should anything happen to any one of the three people signing the Will during this delay, the Will would not be validly executed. There is also the possibility of a Will maker being influenced by someone behind the scenes (which is much harder to detect remotely) and, the novelty and potential ambiguity of the new rules mean that Wills signed by video are more likely to be challenged by disgruntled family members. Therefore, a Will that has been video witnessed should only be treated as a holding Will, until you are able to physically execute a further Will in person.

For many it is possible to sign their Wills at home with their neighbours witnessing from a safe distance over the garden fence (don’t worry they don’t have to read the Will), having colleagues witness their Wills at work and our team have witnessed countless Wills on ‘doorsteps’ since last March (whilst maintaining a safe distance).

Our team understand that we are in uncertain times and therefore they are happy to chat without obligation to anyone who is unsure of whether they should amend or make a new Will.

We also understand that not everyone is able to attend, or virtually attend, appointments during the usual 9-5 hours and as a result we have continued to offer our clients the flexibility of “out of hours” appointments where required.

For an appointment with one of the team click here https://www.haroldstock.com/contact/

if you prefer call 0330 400 4040 or email info@haroldstock.com

The Anthony Seddon Fund Will Week 12th – 16th November 2018

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Make an appointment with us to have your Will professionally drafted during the week of 12th – 16th November 2018 and instead of taking our usual fee for this service, all we ask is that you make a donation to The Anthony Seddon Fund. Suggested donations are £95 for a basic* single Will and £150 for a pair of basic mirror Wills. 

About the Charity

The Anthony Seddon Fund is a mental health charity based in Ashton-under-Lyne. The charity was established in June 2014 by Donna and Brian Thomas after the death by suicide of their son, Anthony following a long struggle with bi-polar disorder. 

The Anthony Seddon Fund provide a range of activities from their centre on George Street in Ashton-under-Lyne including a daily drop-in. Your donations will allow the charity to continue to fund these activities and continue to provide much needed support to the community. 

To make an appointment, please contact us on 01457 835597 or email info@haroldstock.com 

*Basic will – The majority of people only require a basic will. However, if your total assets are over the Inheritance tax threshold or you require trust to be set up as part of your will or more complex estate planning, these will fall outside of a basic will and a further fee will be payable. We will of course advise you in relation to this when you attend your appointment and agree any separate charge with you before any work is undertaken.

Will Aid 2018

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November is Will Aid month and Francesca Rigby from our Stockport office will be taking part this year. Will Aid is an annual fundraising event involving 9 of the UK’s leading charities. With the support of the legal profession, donating their time and skill, people are encouraged to have a will professionally written by a Solicitor whilst raising funds for charity. 

For a suggested donation of £95 for a basic single will or £150 for basic mirror wills, Francesca will meet with you at our Stockport office to take your instructions and then prepare a will specifically tailored to suit your needs. 

For more information on Will Aid and to help you prepare for the meeting, Will Aid have produced a helpful guide and Will Planner which can be found here

To make an appointment to see Francesca during Will Aid month, please contact us on 0161 456 5012 or complete the contact form on this page. 

Private Client team boosted by new recruit

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Harold Stock & Co are delighted to welcome Francesca Rigby into their successful Private Client team. Francesca will be based in the firm’s Stockport office. 

Francesca studied Criminology and Social Policy at Manchester University and then went on to study at BPP Law School achieving commendations in both her Graduate Diploma in Law and Legal Practice Course before qualifying in September 2012.

Since qualifying, Francesca has gone on to specialise in all Private Client matters including all types of Wills, whether simple Mirror Wills to Wills that cater for more complex inheritance tax, all Probate matters including both taxable and non-taxable estates, Lasting Powers of Attorney, Court of Protection work and Trusts.

In February 2018,  Francesca successfully completed the Society of Trust and Estate Practitioners (STEP) course and is now a full member of STEP. STEP is a global professional association for practitioners who specialise in Private Client matters. As a full STEP member, Francesca is recognised as an expert in the field of Wills & Probate with proven qualifications and experience.

As well has being a STEP member, Francesca is a Full Accredited member of Solicitors for the Elderly. In order to be a fully accredited SFE member, lawyers must have a minimum of three years’ experience advising in areas of older client law and have completed the Older Client Care in Practice Award – a qualification which demonstrates the specialist client care skills that enable lawyers to advise and support older and vulnerable clients. Members are also required to continuously update their knowledge with training and produce an annual statement of competence, which ensures they maintain their expertise.

SFE