Why You Need a Will:

Without a will (dying "intestate"):

• The law decides who inherits, not you

• Your spouse may not inherit everything

• Unmarried partners receive nothing

• Step-children may not inherit

• Distant relatives may inherit instead of close friends or charities

• Estate administration is more complex and expensive

• Potential for family disputes increases significantly

With a properly drafted will, you can:

• Decide exactly who inherits your estate

• Protect vulnerable beneficiaries

• Minimize inheritance tax liability

• Appoint guardians for minor children

• Appoint executors you trust

• Include specific gifts of sentimental items

• Provide for pets

• Support charities important to you

• Reduce likelihood of disputes

What Our Will Drafting Service Includes:

Initial Consultation: We discuss:

• Your family circumstances and beneficiaries

• Your assets and liabilities (property, savings, investments, pensions, business interests)

• Your wishes for distribution

• Guardianship preferences for children

• Executor appointments

• Tax planning opportunities

• Specific bequests and wishes

Will Preparation: We draft your will to:

• Accurately reflect your wishes in legally binding language

• Minimize ambiguity and potential for disputes

• Include tax-efficient provisions

• Comply with formalities ensuring validity

• Address contingencies (beneficiaries predeceasing you)

Will Execution: We ensure your will is:

• Properly signed and witnessed according to legal requirements

• Securely stored (we offer will storage services)

• Known to your executors

Common Will Provisions:

Residuary Estate: After specific gifts, your "residuary estate" (everything remaining) is distributed according to your instructions to individuals, trusts, or charities in proportions you specify.

Trusts in Wills:

We can include trust provisions for:

• Minor children (until they reach appropriate age)

• Vulnerable adults lacking mental capacity

• Protecting assets from care home fees

• Protecting assets for future generations

• Providing income to spouse while protecting capital for children

Appointment of Executors:

Executors administer your estate.

We advise on:

• Choosing suitable executors (family members, friends, professionals)

• Appointing substitute executors

• Professional executor services when appropriate

Guardianship Appointments:

If you have minor children, your will should appoint guardians who will care for them if both parents die. This crucial decision shouldn't be left to chance.

Specific Bequests: You can leave particular items to specific people:

• Family heirlooms and jewelry

• Vehicles

• Artwork and collections

• Cash legacies

• Property

Will Types We Prepare:

Simple Wills:

For straightforward estates with clear beneficiaries and no complex tax planning needs.

Complex Wills:

For estates involving:

• Business interests

• Multiple properties

• Previous marriages and stepchildren

• Tax planning requirements

• International assets

• Vulnerable beneficiaries

Mirror Wills:

For couples who wish to leave their estates to each other and then to the same beneficiaries (typically children). We draft these as a pair with coordinated provisions.

Mutual Wills:

Binding wills where couples agree not to change provisions after one dies—ensuring the surviving partner cannot disinherit agreed beneficiaries.

Property Protection Trusts: For married couples wanting to protect property from care home fees while ensuring surviving spouse can live there.

Why LPAs Are Essential:

Without an LPA, if you lose capacity:

• No one can automatically manage your finances or property

• Family members cannot access your bank accounts

• Making decisions about your care becomes complicated

• Court of Protection application becomes necessary (expensive, time-consuming, stressful)

Types of LPA:

1- Property and Financial Affairs LPA:

Allows attorneys to manage:

• Bank and building society accounts

• Paying bills and expenses

• Buying and selling property

• Managing investments

• Claiming benefits and pensions

• Operating businesses

Can be used while you have capacity (if you choose) or only when capacity is lost.

2- Health and Welfare LPA:

Allows attorneys to make decisions about:

• Medical treatment and care

• Where you live

• Daily routine and care plans

• Life-sustaining treatment (if you authorize this)

Can only be used after you lose capacity.

Our LPA Service:

1- Consultation:

We discuss:

• Who you wish to appoint as attorneys (and replacements)

• What powers they should have

• Any restrictions or guidance you want to include

• Whether attorneys act jointly, jointly and severally, or in combination

2- LPA Preparation:

We draft your LPAs:

• Clearly expressing your wishes and preferences

• Including appropriate safeguards

• Complying with legal formalities

3- Registration:

We handle:

• Certification requirements

• Registration with Office of Public Guardian

• Dealing with registration process

• Providing registered LPAs to you and your attorneys

Who Should Be Attorneys:

Consider appointing:

• Spouse or partner

• Adult children

• Other trusted family members

• Close friends

• Professional attorneys (solicitors or accountants) for complex estates

Key considerations:

• Trustworthiness and reliability

• Ability to manage financial/care decisions

• Willingness to act

• Relationship dynamics between multiple attorneys

• Age and health of proposed attorneys

Our Probate Service:

Estate administration is complex, time-consuming, and stressful during bereavement. Our probate solicitors handle the entire process, allowing you to focus on grieving and supporting family.

Full Estate Administration Service:

Initial Steps:

• Registering the death

• Arranging funeral (we can liaise with funeral directors)

• Securing the deceased's property and assets

• Obtaining death certificates

Establishing the Estate:

• Locating the will (if one exists)

• Identifying all assets and liabilities

• Valuing the estate

• Notifying banks, insurance companies, pension providers

• Closing accounts and collecting funds

Inheritance Tax:

• Determining if inheritance tax (IHT) is payable

• Completing IHT forms (IHT400 or IHT205)

• Calculating tax liability

• Arranging payment (before probate grant)

• Claiming reliefs and exemptions where available

Obtaining Grant of Probate/Letters of Administration:

• Preparing application to Probate Registry

• Swearing oaths

• Submitting documentation

• Obtaining grant of representation

Estate Administration:

• Collecting assets (closing accounts, selling property)

• Paying debts and liabilities

• Paying legacies to beneficiaries

• Handling disputes or claims against the estate

• Preparing estate accounts

• Distributing residuary estate

Final Steps:

• Preparing final estate accounts for beneficiaries

• Obtaining beneficiary approval

• Making final distributions

• Retaining appropriate records

Executor Services:

If you've been appointed executor, you may feel overwhelmed by responsibilities. We can:

• Advise and guide you through the process

• Handle specific aspects while you manage others

• Take over complete administration if you prefer

Executor Responsibilities Include:

• Safeguarding estate assets

• Paying estate debts

• Distributing assets correctly

• Acting in beneficiaries' best interests

• Keeping accurate accounts

• Potential personal liability if mistakes are made

Complex Estate Issues We Handle:

Disputed Wills:

• Lack of testamentary capacity challenges

• Undue influence allegations

• Forgery or fraud claims

• Inadequate provision claims (Inheritance Act claims)

Missing Beneficiaries:

• Tracing beneficiaries who cannot be located

• Insurance against unknown beneficiaries appearing

Insolvent Estates:

• Estates where debts exceed assets

• Priority of creditor payments

• Protecting executors from personal liability

Business Interests:

• Valuing and transferring business shares

• Continuing or selling business operations

• Partnership interest resolution

Foreign Assets:

• Dealing with property and assets abroad

• International probate procedures

• Cross-border tax issues

Property Issues:

• Selling deceased's property

• Transferring property to beneficiaries

• Tenants in common vs. joint tenancy issues

• Equity release schemes and mortgages

Effective IHT Planning Can:

• Reduce or eliminate tax liability

• Increase inheritance for beneficiaries

• Protect family wealth for future generations

IHT Planning Strategies:

Lifetime Gifts:

• Potentially exempt transfers (PETs)—gifts become exempt if you survive 7 years

• Annual exemption (£3,000 per year)

• Small gifts exemption (£250 per person)

• Gifts on marriage

• Regular gifts from income

Trusts:

• Creating trusts during lifetime or in wills

• Discretionary trusts for flexibility

• Interest in possession trusts

• Trust tax implications

Business and Agricultural Relief:

• 100% or 50% relief for qualifying business assets and agricultural property

• Ensuring assets qualify for relief

Life Insurance:

• Life insurance written in trust to provide funds for IHT payment

• Ensuring insurance proceeds don't increase estate value

Pension Planning:

• Pensions usually fall outside estate for IHT

• Nominating beneficiaries through expression of wish forms

Charitable Legacies:

• Gifts to charity are exempt from IHT

• Leaving 10% or more to charity reduces IHT rate from 40% to 36%

Residence Nil-Rate Band:

• Additional £175,000 allowance when passing main residence to direct descendants

• Downsizing provisions

Will Trusts:

• Property protection trusts

• Discretionary trusts in wills

• Life interest trusts

IHT Planning Consultation:

We review your estate and advise on:

• Current IHT exposure

• Available reliefs and exemptions

• Lifetime planning opportunities

• Will provisions to minimize tax

• Balance between tax saving and retaining control

When to Update Your Will:

Life Changes:

• Marriage or civil partnership (automatically revokes previous wills)

• Divorce or separation (may invalidate spouse provisions)

• Birth of children or grandchildren

• Death of beneficiaries or executors

• Significant asset acquisition or disposal

• Moving abroad or acquiring foreign property

• Changes in beneficiary circumstances (e.g., developing addiction, incapacity)

Law Changes:

• Tax law changes

• Inheritance rules changes

• New planning opportunities

Will Updates Through:

New Will: For significant changes, we draft a new will replacing the old one entirely.

Codicil: For minor amendments, we can prepare a codicil (supplement to existing will) making specific changes while leaving the rest unchanged.

We Advise On:

• Whether changes are substantial enough to require new will

• Impact of changes on existing provisions

• Tax implications of amendments

Inheritance Act Claims:

Challenging wills for inadequate financial provision by:

• Spouses and civil partners

• Former spouses

• Children (including adult children)

• Dependents of the deceased

Contentious Probate:

• Lack of testamentary capacity

• Undue influence or coercion

• Fraudulent wills

• Issues with will execution (witnessing, signature)

• Interpretation of ambiguous will provisions

Executor Disputes:

• Removing executors for misconduct or failure to act

• Executor negligence claims

• Disputes between executors

• Beneficiary challenges to executor decisions

Proprietary Estoppel: Claims based on promises made by deceased about inheritance.