Frequently Asked Questions

How can I disinherit my children?


In England and Wales the Inheritance Act of 1975 requires you to make 'reasonable provision' for your close family members in your Will. The bad news is that no matter what you put in your Will, your children can still claim a share of your estate. Even if that's not what you want. Even if it's not good for them. So there are 4 possibilities. (1) Your children might decide not to claim but I wouldn’t rely on that. (2) A child makes a claim and is unsuccessful. That will still be very expensive and delay things for a long time. (3) A child might make a claim and be successful. That is even worse. (4) And last but by no means least a child might intimate a claim but then not pursue it. This means that the distribution of the estate can effectively be frozen.

​Now the good news. If you protect your assets in McClure Family Protection Trust, then after 6 years there can be no claim under the Act. It is time barred. Even if you die within the 6 year period, it is much more difficult for a child to pursue a claim successfully.

​In Scotland, its even worse. Your children are entitled to one third of the moveable estate when the first spouse dies and half of the moveable estate when the second spouse dies. It is likely that a child's share will in future also include your house. The Scottish Government have consulted on this and it is now under consideration.

​To make it worse, children have to be located and advised of exactly how much they are due. Solicitors are not allowed to ignore them and just pay out in terms of your Will. Children have 20 years to claim. So a large part of the estate can be held in limbo for a very long time.

​Now the good news. You can protect your assets in a McClure Family Protection Trust. There is no 6 year period as in England Wales. If your assets are in a Trust before you die, the children have no legal rights claim.

​In summary you can't cut your children out of your Will. However you can cut them out of your estate with a McClure Family Protection Trust.

​Just contact us to find out more. Our advice is free and home visits are available.




Can I cut my children out of my Will?


Yes and No. You can’t cut your children out of your Will but you can cut them out of your estate.

In England and Wales the Inheritance Act of 1975 requires you to make “reasonable provision” for your close family members in your Will. The bad news is that no matter what you put in your Will, your children can still claim a share of your estate. Even if it’s not what you want. Even if it’s not good for them. So a child can go to Court with a claim. This will cost the estate dearly and can take years. We have had cases where a child intimates a claim but does not proceed with it. Even then the distribution of the estate can be held up for a long time.

Now the good news. If you protect your assets in a McClure Family Protection Trust, then after 6 years there can be no claim under the Act. It is time barred. Even if you die within the 6 year period, it is much more difficult for a child to pursue a claim successfully.

In Scotland it’s even worse. Your children are entitled to one third of the moveable estate when the first spouse dies and half of the moveable estate when the second spouse dies. It is likely that a child’s share will in future also include your house. The Scottish Government have consulted on this and it is now under consideration.

To make it worse, children have to be located and advised of exactly how much they are due. Solicitors are not allowed to ignore them and just pay out in terms of your Will. Children have 20 years to claim. So a large part of the estate can be held in limbo for a very long time.

Now the good news. You can protect your assets in a McClure Family Protection Trust. There is no 6 year period as in England and Wales. If your assets are in a Trust before you die, the children have no legal rights claim.

In summary you can’t cut your children out of your Will. However you can cut them out of your estate with a McClure Family Protection Trust.

Just contact us to find out more. Our advice is free and home visits are available.




How do children’s legal rights affect me?


Children’s legal rights apply in Scotland. Your children are entitled to one third of your moveable estate when the first spouse dies and half of the moveable estate when the second spouse dies. It is likely that a child’s share will in future also include your house. The Scottish Government have consulted on this and it is now under consideration.

To make it worse, children have to be located and advised of exactly how much they are due. Solicitors are not allowed to ignore them and just pay out in terms of your Will. Children have 20 years to claim. So a large part of the estate can be held in limbo for a very long time.

Now the good news. You can protect your assets in a McClure Family Protection Trust. If your assets are in a Trust before you die, the children have no legal rights claim.

In summary you can’t cut your children out of your Will. However you can cut them out of your estate with a McClure Family Protection Trust.

Just contact us to find out more. Our advice is free and home visits are available.




I don’t want my son to get any of my money when I die!


You should always make a Will. However a Will by itself will probably not be enough.

In England and Wales the Inheritance Act of 1975 requires you to make “reasonable provision” for your close family members in your Will. The bad news is that no matter what you put in your Will, your children can still claim a share of your estate. Even if it’s not what you want. Even if it’s not good for them. So a child can go to Court with a claim. This will cost the estate dearly and can take years. So there are 4 possibilities. (1) Your children might decide not to claim but I wouldn’t rely on that. (2) A child makes a claim and is unsuccessful. That will still be very expensive and delay things for a long time. (3) A child might make a claim and be successful. That is even worse. (4) And last but by no means least a child might intimate a claim but then not pursue it. This means that the distribution of the estate can effectively be frozen.

Now the good news. If you protect your assets in a McClure Family Protection Trust, then after 6 years there can be no claim under the Act. It is time barred. Even if you die within the 6 year period, it is much more difficult for a child to pursue a claim successfully.

In Scotland it’s even worse. Your children are entitled to one third of the moveable estate when the first spouse dies and half of the moveable estate when the second spouse dies. It is likely that a child’s share will in future also include your house. The Scottish Government have consulted on this and it is now under consideration.

To make it worse, children have to be located and advised of exactly how much they are due. Solicitors are not allowed to ignore them and just pay out in terms of your Will. Children have 20 years to claim. So a large part of the estate can be held in limbo for a very long time.

Now the good news. You can protect your assets in a McClure Family Protection Trust. There is no 6 year period as in England and Wales. If your assets are in a Trust before you die, the children have no legal rights claim.

In summary you can’t cut your children out of your Will. However you can cut them out of your estate with a McClure Family Protection Trust.

Just contact us to find out more. Our advice is free and home visits are available.




I don’t want my daughter-in-law to inherit any of my estate.


There are 3 states to consider. Stage 1 is your Will. If your daughter-in-law is not included in your Will, she has no claim on your estate. That’s the easy part.

Stage 2 is when you die and some or all of your estate goes to your son. If he later gets divorced, there is a real risk that your daughter-in-law (now an out-law not an in-law) will get some of your estate as part of the divorce settlement.

Stage 3 is when you die, your son inherits and then he dies without being divorced. In that case it’s almost certain that your daughter-in-law will be included in your son’s Will and even if he does not have a Will, she will still inherit. Even if he excludes her in his Will, she will still have a claim under the Inheritance Act 1975.

So what can you do? The only safe course is to set up a McClure Family Protection Trust and transfer the bulk of your assets to it. When you die the Solicitor Independent Trustees will retain your son’s share in the Trust. They will ensure that he benefits from the inheritance but the Trust assets will not form part of his estate and will therefore will not be inherited by your daughter-in-law.

Just contact us to find out more. Our advice is free and home visits are available.




Where do I get a free Will?


McClure Solicitors will arrange you a Will free of charge. Just consider making a donation for a charity of your choice. There is no minimum age limit to use our Free Will Service. All of our Wills are free whether they are simple, standard or indeed complex. If you are elderly or infirm and need a home visit, that’s free as well.

McClure Solicitors cover England, Wales and Scotland. We have 15 offices including London, Edinburgh and Cardiff. We have been preparing Wills since 1853 and we introduced our Free Will Service as far back as 1984.

About 750 clients every month book an appointment for our Free Will Service. We are recommended by over 180 charities. You only make your Will once so let McClure help you to get it right.

Just contact us to find out more. Our advice is free and home visits are available.

As we say - no charge, no catch, no excuse.




Why do I need a Will?


Everyone should have a Will. If you die intestate without a Will, the law decides who is to inherit your estate and the law does not always get it right. There can be nasty surprises. It will usually take longer and cost more to wind up your estate if you don’t have a Will. If you use McClure’s Free Will Service, it’s easy, quick and free to set up your Will. Just consider a donation for a charity of your choice.

It also means that even if you are not sure exactly what you want to put in your Will, you can get one arranged for free to be going on with and update it later again for free.

But don't take our word for it. See the Youtube Martin Lewis video here.

So don’t put it off, get it arranged now. Just in case.

McClure covers England, Wales and Scotland with 15 offices including London, Edinburgh and Cardiff. We have been preparing Wills since 1853 and we introduced our Free Will Service as far back as 1984.

About 750 clients every month book an appointment for our Free Will Service. We are recommended by over 180 charities. You only make your Will once so let McClure help you to get it right.

Just contact us to find out more. Our advice is free and home visits are available.

As we say - no charge, no catch, no excuse.




Who can I trust to arrange my Will?


You usually only make your Will once, so let’s get it right. McClure Solicitors have arranged Wills for clients since 1853. Over 180 charities refer their clients to us. So the service is good.

Not only that, our Will service has been free since 1984. Just consider a donation for a Charity of your choice.

Free does not mean cheap. Around 750 clients every month book a McClure Free Will appointment. Why pay for an ordinary Will, when you can get an Estate Planning Will for free with McClure.

We cover England, Wales and Scotland. If you are elderly or infirm we can even arrange a home visit again at no cost.

So what is an Estate Planning Will?

An ordinary only considers who is to inherit your estate when you die and who is to be the executor. We do that but we go further. We also look at the effect of your inheritance on the potential beneficiaries. That often means that we need to build in a Trust provision either in your Will or in a separate Lifetime Trust. We then consider where will your estate go next. Again that often generates a need for a Will or a Lifetime Trust.

And our Estate Planning Wills are still free. Just consider a donation for a charity of your choice.

Just contact us to find out more. Our advice is free and home visits are available.

As we say - no charge, no catch, no excuse.




Is a will only free if it is a simple will?


No. Most Free Will services will only offer a free Will if it is a simple or standard Will. That means that you won’t know whether you have to pay until it’s too late. So at McClure all of our Wills are free whether they are simple, standard or complex. That way you have no concerns about booking your Will appointment with McClure.

Just contact us to find out more. Our advice is free and home visits are available.

As we say - no charge, no catch, no excuse.




Will a solicitor do a home visit for a Will?


McClure Solicitors will provide home visits where necessary. If you are elderly or infirm and can’t conveniently reach one of our offices then we are usually able to arrange a home visit.

All our home visits are free of charge. Just like our Wills. All of our Wills are free of charge. Just consider a donation for a charity of your choice.

Just contact us to find out more. Our advice is free as are our home visits.

As we say - no charge, no catch, no excuse.




How much will it cost for a solicitor to do a home visit for a Will?


Most solicitors will charge for a home visit. Even if you use a Charity Free Will week, you will often have to pay for the home visit. McClure Solicitors don’t charge for home visits. If you are elderly or infirm and need a home visit in England, Wales or Scotland, we can almost always provide a home visit. And it’s free. Just like our Wills. They are free of charge. Just consider a donation for a charity of your choice.

Just contact us to find out more. Our advice is free as are our home visits. As we say - no charge, no catch, no excuse.




My Will is quite old. Is that OK?


It is sensible to get your Will checked by solicitors experienced in Will writing. There are 4 main reasons for this.

First. If your Will is quite old, your circumstances may have changed and it makes sense to get it updated while you are able.

Second. Your Will probably only covers Step 1 i.e. who is to inherit your estate when you die and who has to be the executor. McClure Wills are estate planning Wills and cover 3 stages. Stage 2 is “how will the inheritance affect your children or other beneficiaries”. What you thought was right when you made your Will often turns out to be wrong when the time comes.

Third, If your Will contains a Trust, especially if it is a Property Protective Trust or a Nil Rate Band Trust, then you will probably lose out on the new Residence Nil Rate Band Inheritance Tax Allowance which came in in April 2017.

Fourth. Research shows that 1 in 4 Wills are defective or of poor quality. We have seen Wills which look good on the face of them but turn out to be just plain wrong. Our advice? Don’t take the risk. Get McClure Solicitors to carry out a free safety check on your Will. If it’s OK, that’s good to know. If you need a new Will, use our Free Will Scheme.

McClure Solicitors were founded as far back as 1853 and have been providing free Wills for a donation for charity since 1984. McClure Solicitors now have 15 offices throughout England, Wales and Scotland and are partnered with over 180 charities who refer their clients to McClure. So you are in good hands.

Just contact us to find out more. Our advice is free and home visits are available.




I read that many Wills are defective. Is that correct?


Research shows that 1 in 4 Wills are defective or of poor quality. We have seen Wills which look good on the face of them but turn out to be just plain wrong. Our advice? Don’t take the risk. Get McClure Solicitors to carry out a free safety check on your Will. If it’s OK, that’s good to know. If you need a new Will, use our Free Will Scheme.

McClure Solicitors were founded as far back as 1853 and have been providing free Wills for a donation for charity since 1984. McClure Solicitors now have 15 offices throughout England, Wales and Scotland and are partnered with over 180 charities who refer their clients to McClure. So you are in good hands.

Just contact us to find out more. Our advice is free and home visits are available.




I have been advised to get my old Will checked. Is that necessary?


It is sensible to get your Will checked by solicitors experienced in Will writing. There are 4 main reasons for this.

First. If your Will is quite old, your circumstances may have changed and it makes sense to get it updated while you are able.

Second. Your Will probably only covers Step 1 i.e. who is to inherit your estate when you die and who has to be the executor. McClure Wills are estate planning Wills and cover 3 stages. Stage 2 is “how will the inheritance affect your children or other beneficiaries”. What you thought was right when you made your Will often turns out to be wrong when the time comes.

Third, If your Will contains a Trust, especially if it is a Property Protective Trust or a Nil Rate Band Trust, then you will probably lose out on the new Residence Nil Rate Band Inheritance Tax Allowance which came in in April 2017.

Fourth. Research shows that 1 in 4 Wills are defective or of poor quality. We have seen Wills which look good on the face of them but turn out to be just plain wrong. Our advice? Don’t take the risk. Get McClure Solicitors to carry out a free safety check on your Will. If it’s OK, that’s good to know. If you need a new Will, use our Free Will Scheme.

McClure Solicitors were founded as far back as 1853 and have been providing free Wills for a donation for charity since 1984. McClure Solicitors now have 15 offices throughout England, Wales and Scotland and are partnered with over 180 charities who refer their clients to McClure. So you are in good hands.

Just contact us to find out more. Our advice is free and home visits are available.




I am paying every year to have my Will stored. Is that necessary?


There is nothing wrong with paying to have your Will stored especially if that includes free updates. But it is not necessary. McClure Solicitors will store your Will and update your Will free of charge if necessary.

McClure Solicitors have been preparing Wills since 1853 and have been offering Wills free of charge since 1984. McClure is partnered with over 180 charities who refer their clients to McClure for Wills. McClure Solicitors have 15 offices throughout England, Wales and Scotland.

Just contact us to find out more. Our advice is free and home visits are available.




I am only 50. Do I need a Power of Attorney?


No-one needs a Power of Attorney. Just like no-one needs a Will. However it is very sensible to have one. Everyone over 50 should have a Power of Attorney. A Power of Attorney gives someone else authority to look after your affairs and sign things for you etc if there ever comes a time when you are not able to do so.

Without a Power of Attorney you are stuck. Even your spouse can’t act for you without one. You then need to arrange a Deputyship (England and Wales) or a Guardianship (Scotland). Each of those is an expensive procedure and can take a long time.

So it makes sense to get a Power of Attorney in place while you are able to be on the safe side. It’s like insurance. You should have it but you might never need to use it. So at the age of 50 it is risky not to have one.

In England and Wales you need two Powers of Attorney, one for financial purposes and the other for welfare purposes. In Scotland these can be combined in the one Power of Attorney.

Here’s some good news. At present McClure will prepare your Power of Attorney at a special price of £199 instead of the usual £360. In England and Wales McClure even includes the Welfare Power of Attorney free of charge saving you even more money. McClure also donates £30 of their fee to charity.

In England and Wales, McClure even includes the Welfare Power of Attorney free of charge.

Even better we let you decide whether to register it or not. So you only pay the disbursement if and when you need to operate the Power of Attorney.

At age 60 you should have the two Powers of Attorney in England and Wales and therefore a couple needs 4. Why pay to register 4 Powers of Attorney when you might only need to use one if indeed any at all.

Just contact us to find out more. Our advice is free and home visits are available.




How much is a Power of Attorney?


You should expect to pay about £360 for each Power of Attorney. In England and Wales you need two, one for financial purpose and one for welfare purposes. In Scotland both are usually combined in the one Power of Attorney so you only pay once.

At present McClure will prepare your Power of Attorney at a special price of £199 instead of the usual £360. In England and Wales McClure even includes the Welfare Power of Attorney free of charge saving you even more money. McClure also donates £30 of their fee to charity.

For couples you only pay £398 instead of what would normally be £1,440 in England and Wales or £720 in Scotland.

We provide thousands of Powers of Attorney for our clients each year. So you are in good hands.

Even better, we let you decide whether to register the Powers of Attorney or not, saving you even more money.

For example as a couple why pay to register 4 Powers of Attorney when you might only need to use one if indeed any.

This saves McClure clients even more money.

Just contact us to find out more. Our advice is free and home visits are available.




I don’t get out much. Can I get a home visit for a Power of Attorney?


Solicitors will normally charge for a home visit but McClure Solicitors are different. If you are elderly or infirm and need a home visit, then our home visit is free of charge.

Not only that, at present McClure will prepare your Power of Attorney at a special price of £199 instead of the usual £360. In England and Wales McClure even includes the Welfare Power of Attorney free of charge saving you even more money. McClure also donates £30 of their fee to charity.

For couples you only pay £398 instead of what would normally be £1,440 in England and Wales or £720 in Scotland.

We provide thousands of Powers of Attorney for our clients each year. So you are in good hands.

Even better, we let you decide whether to register the Powers of Attorney or not, saving you even more money.

For example as a couple why pay to register 4 Powers of Attorney when you might only need to use one if indeed any.

This saves McClure clients even more money.

Just contact us to find out more. Our advice is free and home visits are available.




How much should I pay for a home visit for a Power of Attorney?


Solicitors will normally charge for a home visit but McClure Solicitors are different. If you are elderly or infirm and need a home visit, then our home visit is free of charge. Not only that, but at present McClure will prepare your Power of Attorney at a special price of £199, instead of the usual £360. In England and Wales McClure even includes the Welfare Power of Attorney free of charge saving you even more money. McClure also donates £30 of their fee to charity.

For couples you only pay £398 instead of what would normally be £1,440 in England and Wales or £720 in Scotland.

For couples you only pay £398 instead of what would normally be £1,440 in England and Wales or £720 in Scotland.

We provide thousands of Powers of Attorney for our clients each year. So you are in good hands.

Even better, we let you decide whether to register the Powers of Attorney or not, saving you even more money.

For example as a couple why pay to register 4 Powers of Attorney when you might only need to use one if indeed any.

This saves McClure clients even more money.

Just contact us to find out more. Our advice is free and home visits are available.




I am worried about losing my house for care costs. Is there anything I can do?


People are often advised that there is nothing they can do. That is wrong. People are sometimes advised to put their money into a Capital Investment Bond. That is also wrong. People are sometimes advised to transfer their house to their children. That is usually the wrong thing to do as well.

McClure Solicitors are recognised as one of the leading solicitors in the UK when it comes to advising clients on care costs. We have extensive experience in advising not only on what the law says but what actually happens in practice.

Everyone’s circumstances are different. The rules are procedure are complex but McClure Solicitors can cut through the complexity and advise you, in your own individual circumstances, what you can do, what you can’t do and advise the best course of action.

In 2013 the Institute of Professional Willwriters described McClure’s as the “best in the market” for our Family Protection Trusts, and we have only got better since then.

As with everything in life, the sooner you take action the better the outcome is likely to be. In other words take action when you don’t need it and it will work much better than leaving it until you are forced to take action when it will often be too late.

Just contact us to find out more. Our advice is free and home visits are available.




What are your Terms of Business?


At McClure Solicitors we value our reputation for professional standards. We are committed to providing you with the highest quality of service and handling your instructions to us with professional skill, care and attention. We believe it is important to establish a clear understanding of the basis upon which we provide our services. Click here to download our full Terms of Business.





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