Whatever stage of life you are at, putting the right arrangements in place protects you, your family and your business against the unexpected. Making a Will, setting up a lasting power of attorney or putting assets into a trust can each be handled in a straightforward, practical way. Our wills and probate solicitors bring the same open, down to earth approach to every conversation, whether you are planning ahead or dealing with an estate after a bereavement.
Seeing your plans set out clearly gives you peace of mind for the future and makes life easier for the people you leave behind. We can help with Wills, personal and business powers of attorney, trusts, probate, and registering your Will through Certainty, whichever of these matters to you right now.
Without a Will, the rules of inheritance decide who inherits your estate, and the outcome may not be what you would choose. A well drafted Will lets you choose who carries out your wishes, appoint guardians for your children and decide who gets what, including making sure your partner is provided for. When you make a Will with us, we also register it on Certainty, the National Will Register, free of charge. Find out more about writing a Will with us.
Certainty is the national register used across the legal profession to record and search for Wills, so that yours can always be found when it matters. In a recent survey, 67% of people did not know where to find their parents’ Wills, and thousands of estates fall into intestacy each year as a result. If you instruct us to draft your Will, we register it on Certainty free of charge. More about registering your Will with Certainty.
An LPA sets out who should make decisions on your behalf if an accident, illness or old age leaves you unable to manage your own affairs. You choose who handles your finances through a Property and Affairs LPA, and who makes decisions about your care through a Health and Welfare LPA. Without one in place, your family would need to apply to a court, a process that can take months and cost considerably more. See how a personal LPA works.
A trust can protect assets for the people you want to benefit, particularly where family circumstances are more complicated, for example if you have remarried and want to be sure your children from an earlier relationship are provided for. Trusts can also reduce the impact of inheritance tax on your estate or provide ongoing support for a cause you care about. Read more about setting up a trust.
Dealing with the death of a loved one is difficult enough without also having to manage their estate. Probate is the process of getting the court’s permission to distribute someone’s estate, and it is needed even where there is a valid Will. It usually falls to the executor to obtain the grant of probate, settle any tax due, gather the assets and distribute them correctly, and we can guide you through each step, including where there are disputes between beneficiaries. Find out what is involved in probate.
If you are suddenly unable to run your business through illness or an accident, a business LPA lets you choose in advance who takes over key decisions, rather than leaving your partners, suppliers and lenders in limbo. Without one in place, an application to the court may be needed instead. A business LPA also lets you set out guidance for your chosen attorneys and place checks on what they can and cannot decide. More on protecting your business with an LPA.
Do I need a solicitor to write a Will?
There is no legal requirement to use a solicitor, but a professionally drafted Will is far less likely to be challenged or misinterpreted, particularly if your circumstances are not straightforward.
What happens if I do not have a Will?
Your estate is distributed according to the rules of inheritance rather than your own wishes, which can mean people you intended to provide for are left out. Making a Will puts you back in control of that decision.
When should I put a lasting power of attorney in place?
It is best arranged while you are fit and well, since an LPA can only be set up while you still have mental capacity to make it. Waiting until it is needed is often too late.
What is the difference between a Will and a trust?
A Will sets out what happens to your estate after you die. A trust can hold and protect assets for someone’s benefit, either during your lifetime or afterwards, and the two are often used together.