E.L.M Legal Services Will Writing Service

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Make a Free Enquiry

Call us at: 0117 952 0698

Who has the legal right to organise a funeral?

A funeral is usually arranged by close family members of the deceased, but what happens if they disagree, or if someone else has the legal right to arrange the funeral?

If the deceased has left a valid Will, then the named Executors have the right to organise the funeral and either a burial or cremation. If there is no valid Will, then the Rules of Intestacy govern the appointment of an Administrator to deal with the deceased’s affairs, including funeral arrangements.

An Administrator will always be a family member, but it is possible that an Executor won’t be, for example if the deceased appointed a friend.

In that case, the Executor can choose to step aside and let the family arrange the funeral that they want.

When disagreements arise

If the Executor has different wishes to the family and a dispute arises, it is the Executor who has the right to make the arrangements.

If people have differing views on what should happen, it can be very upsetting at a time that is already difficult. The best way to proceed is to keep communicating and compromise if you can, to try as far as possible to avoid conflict.

If the parties involved cannot agree on funeral arrangements, then an application can be made to the Court, who may decide in favour of the legally appointed Executor or Administrator provided they have acted reasonably.

Where the disagreement is between two or more appointees, the Court will decide the matter on the facts. If the deceased has expressed any wishes in the Will, these are taken into account, although these wishes are not in themselves legally binding.

The importance of leaving a Will

Leaving a valid Will that includes an expression of funeral and burial or cremation wishes may help to avoid expensive and upsetting disagreements after death.

It is possible to request a professional Executor in a Will, such as a solicitor, who will act in accordance with the deceased’s wishes as far as possible. This can also help to avoid disagreement between relatives.

If an unmarried person dies without making a valid Will, then their partner can be left with no say in the funeral decisions as well as receiving nothing from the deceased’s estate, as the Rules of Intestacy do not include those not directly related.

A Will can be a record of what the deceased wants to happen after their death, as well as ensuring that their estate is distributed to chosen family and friends.

Make A Free, No Obligation Enquiry Now

To speak with one of our specialist Wills & Probate Lawyers, please call us now on 0117 952 0698 or Make A Free Will Enquiry and we will discuss your current circumstances with you and explain all available options available to you.

Make A Free Enquiry

All enquiries are completely without obligation and we guarantee not to share your data with third parties

Rising Costs Mean You Must Get A Funeral Plan In Place

With funerals becoming increasingly expensive, investing in a pre-paid funeral plan is now more important than ever.

Research shows that the cost of death is soaring. Today, it is estimated that the average funeral costs around £4,000. This represents a rise of 33 per cent in only two years.

And, with funeral director costs and council burial and cremation fees different across the UK, some grief-stricken families may even have to pay out closer to £6,000.

Rising costs of burial and cremation

When looking at why funerals have become so expensive, the evidence points to increases being made by local councils as they strive to recoup money following years of cuts to their budgets. In some instances, local council burial and cremation fees have risen by as much as 30%.

Burial costs also vary significantly depending on where you live. At £255, the cheapest place to be buried in the UK is Fermanagh and Omagh in Northern Ireland. However coming in at 18 times more than that, the most expensive place to be buried is South West London, with a huge fee of £4,561.

The National Association of Funeral Directors is said to be “concerned that councils seem to view bereaved families as an easy target – hiking up burial and cremation fees at above inflation rates to help address wider council budget shortages.”

Rising funeral director fees

In addition, funeral director’s fees are also reported to have risen by 3.3% in the last year. This is said to be down to external factors such as the increase in cost of land, higher wages, maintenance, fuel rises, etc.

Together, these rises could see families struggle to afford the type of funeral they want to provide for a loved one. In fact, it seems that more people are getting into debt after overpaying for a funeral.

If the current trend continues, a funeral could soon cost more than £7,200.  As such, it has never been more important to plan for a funeral in advance.

Why pay for a funeral now?

Your funeral is going to have to be planned and paid for. This can be done by your relatives when the time comes, or it can be done now.

Benefits of paying for a funeral in advance include:

  • The certainty that everything will be done as you want
  • You can agree to a funeral plan fixed at today’s prices
  • The burden on your family when you pass away is reduced
  • You can also pay in small monthly instalments or lump sums, depending on what suits you.

Make A Free, No Obligation Enquiry Now

To speak with one of our specialist Wills & Probate Lawyers, please call us now on 0117 952 0698 or Make A Free Will Enquiry and we will discuss your current circumstances with you and explain all available options available to you.

Make A Free Enquiry

All enquiries are completely without obligation and we guarantee not to share your data with third parties

You can now inform banks of a death in just a single step

death-notification-service

A pioneering new service which lets you report the death of an individual to multiple financial institutions, all at the same time, has been launched.

 There are approximately 500,000 deaths registered in the UK each year. And, people rarely have an account only with one bank or building society. So, when someone dies, letting these institutions know can be both time-consuming and stressful.

The new online Death Notification Service aims to make the process of contacting banks, and closing the accounts of a loved one, easier for people who have suffered a bereavement.

In the past, people have had to contact each bank individually, and this could be highly stressful due to different institutions having different reporting procedures. What’s more, when someone is grieving, it can be difficult to repeat the same conversation with several different organisations. Also, it was not uncommon for financial institutions to subject families to insensitive questions and treatment; often because they were not put through to the right department straight away.

As such, the creation of a secure and straightforward way to let financial institutions know about the death of a customer is long overdue.

How does it work?

The Death Notification Service  – which is free to use – aims to reform the way banks treat bereaved customers.

The system is similar to (but separate from) the Tell Us Once notification tool which can be used to report a death to most government departments.

With the new service, people fill in a form online, at a time that is convenient for them. The notifier simply selects which banks they want to be informed about the death.

Barclays, HSBC, Lloyds Bank, Nationwide, RBS and Santander UK have all signed up to the initiative, and it is expected that other banks and building societies will be encouraged to join.

Once the process is complete, the selected institutions will update their records and contact the person who filled out the form to let them know what needs to happen next. This communication should happen within ten calendar days.

To access the service go to deathnotificationservice.co.uk. Once an account is created, people have three months to update the form if they find more bank accounts.

The service can be used by anyone, including family members, carers, friends and professionals.

For those who prefer not to use the internet, there is also the option to access the service by telephone.

Make A Free, No Obligation Enquiry Now

To speak with one of our specialist Wills & Probate Lawyers, please call us now on 0117 952 0698 or Make A Free Will Enquiry and we will discuss your current circumstances with you and explain all available options available to you.

Make A Free Enquiry

All enquiries are completely without obligation and we guarantee not to share your data with third parties

How Pre-Paid Funeral Plans Can Save You Time Money And Stress

pre-paid-funeral-plans-can-save-you-time-money-and-stress

Last year the average cost of a funeral in the UK was £4,078. This is a 4.7% increase compared to the year before and it’s set to grow even more over the next decade.

That’s why it’s wise to invest in your future by taking out a pre-paid funeral plan. Surprisingly, only 16% of Brits aged 45 years and over have such a plan in place, even though they’re affordable and easy to set up. To help you make the best decision, here are some advantages on pre-paid funeral plans…

Safety is paramount

The Funeral Planning Authority (FPA) is an independent voluntary regulator of the funeral planning industry. Most companies offering pre-paid funeral plans are FPA members.

The FPA ensures all providers follow certain rules and a Code of Practice, meaning you’ll receive the funeral you’ve paid for when the time comes. It also helps customers who wish to complain about their plan or provider.

Price freeze

Many providers will freeze the funeral director’s fees at current prices, so your family won’t encounter any unexpected price hikes when the times comes to activate your funeral plan. It’s always a good idea to check whether the provider is freezing funeral director costs, cremation fees as well as minister fees, or just the funeral director’s fee.

Reduces unnecessary stress for your family

Whilst there’s no way of preventing the grief and stress caused by the passing of a loved one, a pre-paid funeral plan can at least take away the worry of finding the funds to pay for the funeral. With a plan already in place, family and friends will have more time to grieve and process their emotions, as well as celebrate the life of their loved one and share happy memories together.

Easy to execute

Executing a pre-paid funeral plan is quite straightforward. It involves a single phone call to the funeral director, who will then put your plan into action. The funeral director will be on-hand to assist your family every step of the way.

Tailor your funeral

Pre-paid funeral plans allow you to plan your funeral to your own specifications. Whether you’re looking to hold a traditional religious funeral or a contemporary celebration of your life, your funeral plan and funeral director will be able to accommodate this.

Guaranteed acceptance

Unlike life insurance, pre-paid funeral plans aren’t subject to medical exams, health questions or age. Most pre-paid funeral plan providers will accept anyone over the age of 18.

Make A Free, No Obligation Enquiry Now

To speak with one of our specialist Wills & Probate Lawyers, please call us now on 0117 952 0698 or Make A Free Will Enquiry and we will discuss your current circumstances with you and explain all available options available to you.

Make A Free Enquiry

All enquiries are completely without obligation and we guarantee not to share your data with third parties

Planning Your Own Funeral Arrangements

Funeral

We often talk about how essential it is to have a will in place. Another important aspect of dying is also considering your own funeral arrangements.

Again, it’s a topic that people tend to shy away from. A report from the Funeral Planning Authority found that 57% of adults over 40 hadn’t given it any thought.

But funerals are expensive and it’s another burden for the bereaved to deal with if arrangements aren’t in place.

Of those that have given it some thought, the most popular choice was to put some money aside to pay the bills. A further 18% had taken out life insurance and 13% had bought a pre-paid funeral plan.

A funeral plan is a good idea. It’s a way to arrange the type of funeral you’d like to have and secure it at today’s prices. Considering they have risen by 5% per year over the last 20 years that could make sound financial sense. They normally provide a range of options to suit different budgets.

More people are choosing to personalise their funerals too. Recent research showed that more than a third of people wanted to do this. The most common options for making a funeral more personal was by selecting a particular song to be played or wanting their guests to wear bright colours. Funerals don’t even have to be held in a religious venue – people can choose to hold them at their home for example.

You can discuss your wishes with your family or detail them on a form such as myfuneralwishes at www.dyingmatters.org. Keep that document safe and let your family know where it is so that they can find it when they need it.

Make A Free, No Obligation Enquiry Now

To speak with one of our specialist Wills & Probate Lawyers, please call us now on 0117 952 0698 or Make A Free Will Enquiry and we will discuss your current circumstances with you and explain all available options available to you.

Make A Free Enquiry

All enquiries are completely without obligation and we guarantee not to share your data with third parties

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Why Pick Us?

  • We are a specialist Wills, Probate & Trusts company. This is all that we do, ensuring that you receive a first class service.
  • We were established in 2000.
  • Since that time we have helped over 30,000 people to complete their Wills.

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What Our Clients Say

"Preparing to make a will is essential, but a very hard thing to do as no one wants to think about losing a family member. The man we spoke to was very understanding about the difficulty I was having in trying to plan for something I seriously never wanted to face. He took us through every step with explanations and choices and was very friendly and caring. I would recommend E.L.M to anyone who needs a caring, helping hand to make the hard
decisions."

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"I have already recommended you to my neighbours who will contact you when they are ready to make their wills in the near future."

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"The appointment was made quickly. The business was carried out competently and efficiently with great clarity and a good understanding of the situation that had arisen.

There again was excellent service from ELM. I could not fault it in any way. Have already recommended ELM to several people.

Thank you ELM for your friendliness and consideration. Much appreciated."

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"Fantastic service all round, from the very first meeting of your consultant through to checking I have signed correctly at the end including an amendment that needed to be made. Furthermore, i believe your service represents excellent value for money. I have already recommended your service to several friends."

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"Very impressed with the no nonsense approach. All questions were answered in a understandable format. Was made to feel that all questions were relevant. Particularly liked the fact that no pressure was brought to purchase add on services."

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"Great service. Advisor helpful and friendly. Everything connected to the process was excellent."

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"We did original wills several years ago & recently had reason to make amendments. Did not know what standard of service we would receive but we were thrilled so have full confidence in our choose of legal management. Thanks so much."

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"Many thanks for your excellent and friendly service, you made everything so easy to do. We will be recommending you to our friends."

Chris & Lynda Chick

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