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Expert advice on Wills, Trusts, Probate and Estate Administration
For three hundred years we have been advising families about how to put their family affairs in order.
Our team of specialist solicitors can advise you on a wide range of legal issues:
- Writing and updating a Will
- Trusts
- Lasting Powers of Attorney and Court of Protection
- Probate and Estate administration
- Estate management through tax planning
- Contesting a Will
We understand that such issues arise at what can be a very emotional time for many people. Our friendly, sympathetic team will guide you through the process so that you can enjoy peace of mind knowing that your loved ones and financial future are being properly looked after.
Our team are dementia-friendly
Our Wills, Trusts, Probate and Estate Administration team is proud to support Dementia Friends and recently had the opportunity to engage in a valuable talk with a Dementia Friends ambassador. During this discussion, the team learnt how to become more dementia-friendly, to further support our clients. As a result, each member of our team received a Dementia Friends badge as a symbol of our commitment.
Dementia Friends is a programme that encourages learning about dementia and taking small, meaningful actions to make a difference. Whether it’s spreading awareness about the initiative or offering support to someone living with dementia, every effort counts in creating a more inclusive and understanding community.
Wills, Trusts, Probate and Estate Administration
FAQs
What do I need to think about before writing a Will?
- The Executors. These are the people who will call in the assets, pay off the debts and distribute the Estate in accordance with your instructions. Your Executors should be over the age of 18 and they can be beneficiaries as well as Executors. It is helpful for your Executors to know of your finances or alternatively to be made aware of where documents are held detailing same. You should tell your Executors where your Will is being stored.
- Assets – both solely and jointly owned – including property, as well as those held in Trust such as Life Insurance policies, pension benefits, death in service benefits.
- Guardians – if you have minor children, who would you want to look after them if there is no one with parental responsibility. It can also be useful to put a letter for your Guardians for your views on education etc.
- Legacies you wish to make – be these specific items such as jewellery, paintings, property and even animals – it is important to people that they make provisions for their furry friends.
- Debts and Liabilities
- How the remainder of your estate is to be divided and to who i.e. once all of the above has been dealt with, debts and executorship expenses have been paid You should think about family, charities as well as if anyone is financially dependent on you.
- It is helpful to provide a brief background as to your family history. If people are not being included in your Will it is important to consider them and why they are being left out.
Who is entitled to view a Will? Before/after Probate granted
Only the Executors named in the Will are entitled to read it after you have died. After Probate has been granted, it becomes a public document and anyone can apply to the Registry for a copy of it.
What is the difference between a Trust and a Will?
A Trust can be set up during your lifetime or upon death. A Will is only activated upon death.
A Trust can provide extended control over assets allowing for carefully thought-out conditions to be applied. A Will offers you a direct say on the distribution of your assets but does not provide extended control over how the beneficiaries might use them.
There are potentially tax mitigating factors to consider when looking at Trusts v Wills depending on your circumstances and your assets and so it is always advisable to take professional advice.
Can the beneficiaries in my Will also be my Executors?
Yes. However, your beneficiaries should not witness your Will. If you are not sure who can act as your witnesses, please arrange an appointment for us to advise you.
Do common law spouses exist in law?
In short, no. The law does not automatically recognise couples who have lived together as if married or civil partners. This means that if you do not have a Will the intestacy rules do not distribute any part of your estate to your partner. There is an opportunity to make a claim under the Independent (Provision for Family and Dependants) Act 1975 if you have lived together for more than two years.
Will you store my Will?
Yes. We will store your Wills free of charge. We also store deeds free of charge for existing clients.
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“Lucy Horsington kept me updated so that I could in turn keep the co-beneficiaries updated. She was always friendly and understanding and conducted the administration of the estate in a professional and pragmatic manner. It was a pleasure to work with her on this matter, and I appreciated her enthusiastic approach to learning about what charity beneficiaries require during an estate administration.”