Wills & Probate

• Wills
• Trust and Tax Planning
• Powers of Attorney and Mental Incapacity
• Probate

There are many important reasons for making a Will, perhaps the main one being that it enables you to control what happens to your property when you are gone. A Will normally deals with important issues such as:- 

• Appointment of your Executors, that is to say, the people you wish to deal with your estate. They may be professional (e.g. a solicitor) or non-professional (e.g. a spouse or friend) but above all should be people you trust to carry out your wishes; 
• Burial arrangements or organ donation (although it is prudent to make these wishes known to your family in case your Will cannot be found quickly); 
• Gifts of a specific item (e.g. a piece of furniture or jewellery); 
• Appointment of Guardians of your children; 
• Arrangements to avoid or minimise the amount of inheritance tax to be paid on your estate; 
• Arrangements for managing any property or other assets which need to be preserved for the benefit of beneficiaries in the future. This is particularly relevant where there are children who may not inherit straight away or where there is a business to be maintained.

Making a Valid Will 
The Testator (person making the Will) must have sufficient mental capacity. This means they must be over 18 years old and understand the nature of their act and its effects and the extent of their property and any moral claims they ought to consider. The Testator must have the necessary intention to make the Will and must know of and approve its contents. 

Wills : Trust and Tax Planning : Powers of Attorney and Mental Incapacity : Probate : Top

You may also wish to retain greater control over the assets you leave by creating a trust and we can advise both on their creation and their operation.

Wills : Trust and Tax Planning : Powers of Attorney and Mental Incapacity : Probate : Top

Lasting Powers of Attorney
Lasting Powers of attorney ("LPAs") are similar to EPAs in that they are signed whilst the donor has mental capacity to manage his or her affairs, but will continue to be valid even if the donor loses mental capacity.

There are two types of LPA - one dealing only with property and affairs, and the other dealing only with the personal welfare of the donor (i.e. matters relating to the donor's medical treatment - and where the donor should live).

LPAs are more flexible than EPAs (for example you can appoint substitute attorneys under an LPA, which was not possible under an EPA), but are much longer documents.

It is also necessary for an independent third party to complete a certificate of mental capacity of the donor at the time the LPA is signed, and an LPA must be registered with the Office of the Public Guardian before it can be used.

Ordinary Powers of Attorney
This type of power can be used either to deal with a specific issue or to give general power for someone else to deal with all your affairs. An ordinary power of attorney can be particularly useful if you are going abroad for a short or extended period, and know that legal documents will need to be signed, or legal/financial issues need to be dealt with while you are away. 

An ordinary power of attorney ceases to have any validity if you (as the person having signed the power of attorney) lose mental capacity to manage your affairs. If that is the very time at which you would want your attorney to be able to act or continue acting on your behalf, you would need to sign a lasting power of attorney. 

An ordinary power of attorney cannot be used to deal with trusts, if you are a trustee. If you wish to give someone authority to act on your behalf as a trustee, you will need to sign a trustee power of attorney.

Trustee Power of Attorney
This is very similar to an ordinary power but is used specifically in connection with trusts of which you are a trustee. The power can be as specific or general as you wish in relation to the particular trust, but it cannot last for more than 12 months without being renewed. 

Wills : Trust and Tax Planning : Powers of Attorney and Mental Incapacity : Probate : Top

We can provide practical advice in obtaining a grant of probate as well as assisting you with administration of the entire estate from death to distribution including preparing the grant application and completing the HM Revenue Account, advising on Inheritance tax deductions and reliefs and advising on Deeds of Variation and post death tax planning.

What if there is a dispute?
In a small number of cases a dispute may arise over the validity of a Will or over the contents of the Will. For example a person may claim that the deceased was not mentally capable of making the Will or that he/she should have been left money in the Will. Any such dispute would need to be resolved before probate can be concluded. For more information or advice on any dispute please contact us. 

How much does it cost?
We do not charge a percentage value of the estate as is common practice with many firms but simply charge for the work carried out. All work undertaken is accurately time-recorded and a full detailed analysis of the work carried out will be supplied.

Wills : Trust and Tax Planning : Powers of Attorney and Mental Incapacity : Probate : Top