Wills and Probate

who needs a will?

The simplest answer is everyone. No matter what your age, spending time now on drafting a will puts you in control of what happens after your death. An up-to-date and professionally-drafted will gives you and your family peace of mind.

A will lets you decide:

• who benefits from your assets when you die?
• who will administer your assets?
• who looks after any children you may have?

Good will preparation can also reduce your tax liability.

Without a valid will, your estate may be divided in a way you wouldn’t expect or want.

free will storage for life.

Lost wills can complicate probate causing additional distress on your death. Keep your original will in a safe place where it can be easily accessed.

We offer a free lifetime will storage service for every will we draft so you can tell your executors where your will is stored.

We also register your will with the Certainty National will Register at no extra charge. This extra level of reassurance means the location of your original will is recorded. If your copy of your will is lost, misplaced or forgotten, the location of the original can be identified and your last wishes observed.

how often should I review my will?

We recommend you review your will every 5 years, or when you have gone through significant change in circumstances, for example the birth of a child, or death of a family member, remarriage or marriage of anyone named or a divorce.

we can help you.

Everyone’s circumstances are different.A will drafted by our experienced lawyers will provide peace of mind that you have done all you can to look after those closest to you.

what is a trust?

A trust is an arrangement where assets are held by someone (trustees) for the benefit (or “in trust”) of someone else. For example, money might be left in a will for a child. In this case, a trust is set up and the trustee looks after that money until the child becomes an adult.

what are the benefits of a trust?

There are many types of trusts and they can serve many different purposes including:

• providing for a child or young adult
• providing for a disabled person or someone who lacks mental capacity
• saving tax
• protecting assets and protecting beneficiaries.

how can we help?

Our lawyers advise whether a trust might benefit our clients. This might be when we are preparing a will or at another time.  We can help set up a trust, or if one has already been made, we can help with its administration.

The period following the death of a loved one is a difficult and emotional time.  Let us make things a little easier by helping take care of the many legal and practical matters that need attention. Our sympathetic and sensitive approach helps many clients. We can offer as much or as little help as you feel you need.

We can help with all aspects of probate including:

• confirming the size of the estate
• checking the tax position (including inheritance tax)
• applying for grants (a legal document needed to deal with the estate)
• collection and realisation of assets
• payment of debts
• agreement and payment of taxes
• distribution of assets in accordance with the will or the laws of intestacy
• advise on potential ways to save inheritance tax, even after the death has occurred.

what can you expect?

Our team has vast experience in helping the personal representatives in the administration of estates of all sizes and complexity. We ensure the estate is properly administered thereby protecting the personal representatives.  We take the burden away allowing you time to deal with the more personal matters.

what is a power of attorney?

“Peace of mind that you will be looked after by someone you trust”

A power of attorney is a document that gives someone you choose, (your attorney) the legal authority to look after your affairs and make decisions for you when you can no longer do so yourself.  This is usually when you have lost your mental or physical capacity either as a result of old age, illness or a serious accident.

who needs one?

A power of attorney is relevant to all of us. None of us know when we might lose either the physical ability or mental capacity to look after ourselves and our affairs.

 how does a power of attorney work?

The power of attorney document is accepted as authority by institutions, for examples banks, and lets your attorney deal with your affairs on your behalf.

Your attorney must always act in your best interests; there are safeguards to ensure this happens.

what do I need to do first?

First, you need to decide whether you would like a Lasting Power of Attorney that deals with your health and welfare, your property and financial affairs, or both. We can explain the differences and help you decide which option is best for you.

You also need to think about who you would like to act as your attorney.

what will it cost?

Our fixed fees start from as little as £600 plus VAT and vary depending on the situation. You can find out more about our fees for power of attorney here.

what if I don’t have a power of attorney?

If you or someone you care for is losing or has lost their mental capacity and does not have a power of attorney, the procedure is very different.  In this case, a deputy must be appointed.

deputyships.

The appointment of a deputy requires an application to court and is usually a costly and drawn-out process.  If you want to become a deputy, we can help you with the application.  After the appointment is confirmed by the court, we can help the deputy with day-to-day administration.  We can also apply to be a deputy if no one else is able to apply.

People are sometimes unreasonably excluded from wills or there may be a dispute over a will or estate. These situations are handled by our disputes team who are experienced with these contentious probate matters and are experts dealing with

• challenging and defending the validity of a will
• making and opposing claims against an estate.

what can you expect?

These types of disputes are usually very personal, emotional and of great importance to those involved.  We provide a sympathetic, but professional approach and focused on advising you where you stand, so you can make informed decisions.

If you have been awarded compensation for an accident or an injury, you may find that you are no longer eligible for certain means tested benefits or services.

A Personal Injury Trust is a legal document which ensures that such compensation is disregarded when assessing your eligibility for means tests benefits and services. It can also be used to protect the interests of those who are young, elderly, vulnerable or simply not used to managing a large sum of money.

Personal Injury Trusts might not be for everyone, however, careful consideration should be given to its advantages and the implications of not using one.

The law governing Personal Injury Trusts is complex and specialist advice is required to ensure your interests are protected and you are disadvantaged by payments.