Expert Wills, Trust & Probate Solicitors to Protect Your Legacy
Trusts
Our team of expert trust solicitors provides comprehensive services for establishing and managing trusts tailored to your specific needs. Whether you’re planning for future generations or safeguarding assets, our trust lawyers are here to offer clear advice and practical solutions.
We specialise in creating and administering a range of trusts, including:
- Bare Trusts
- Discretionary Trusts
- Trusts for Children
- Trusts for the Disabled and Vulnerable
Our experienced team will guide you through every step of the process, ensuring your trust is set up correctly and managed in compliance with legal requirements. Contact us today for expert support in protecting your assets and planning for the future.
Probate
The legalities involved following a death in the family can be overwhelming, it is a difficult time, and our probate lawyers, we will help you through the process.
We can guide you through probate and trust law proceedings, and explain how that person’s estate will pass (under the terms of his or her Will or the rules of intestacy) and what steps are needed for probate and tax purposes.
Our team of probate solicitors work to administer simple and complex estates for those who die domiciled in the UK or abroad. Should a claim be brought (or need to be brought) against the estate we would work closely with our litigation colleagues in the conduct of the claim.
Understanding the Probate Process
Probate is the legal process of administering a deceased person’s estate, ensuring that their assets are distributed according to their Will, if there is no Will, under the rules of intestacy.
When is Probate Required?
Probate is typically needed if the deceased owned property or had significant financial assets in their sole name. However, if assets were jointly owned, they may pass automatically to the surviving, under the rule of survivorship. Each bank or financial institution has its own threshold for requiring probate before releasing funds.
The Probate Process:
1. Check for a Will
If the deceased left a Will, the named executor would apply for a grant of Probate. If there is no Will, the next of kin would apply for Letters of Administration.
2. Value the Estate
The executor or administrator must identify and value all assets and liabilities, including property, savings and debts.
3. Pay Inheritance Tax (if applicable)
If the estate exceeds the tax-free threshold (£325,000 in most cases), Inheritance Tax may be due. Some exemptions and reliefs may apply.
4. Applying for Probate
An application is submitted to the Probate Registry along with necessary documents, such as the death certificate and the completed taxation forms.
5. Administering the Estate
Once the probate is granted, the executor or administrator can collect the assets, pay off debts and distribute the remaining estate according to the Will or intestacy rules.
6. Final Accounts & Distribution
A final estate account is prepared, and beneficiaries receive their inheritance.
How Long Does Probate Take?
The probate process can take several months to complete, typically between 6 to 12 months, depending on the complexity of the estate and any disputes.
If you need legal assistance with Probate, we can help you navigate the process a step at a time. Call us for a free 20-minute consultation.
Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that relates to a named individual and they are known as the Donor. Once registered with the Office of the Public Guardian, it authorises your chosen family or friends (Attorneys) to assist you (Donor) with your affairs during your lifetime.
As and when the LPA is needed to be used, the Attorneys must always act in your best interests and involve you in any decisions that are to be made. You would still maintain over all control over your affairs. The Attorneys are authorised to assist you with your decisions or make decisions for you when you are unable to make those decisions yourself.
Two types of Lasting Power of Attorney:
- Health and Welfare
- Property and Financial Affairs
You can choose to give your Attorneys the authority to make decisions about your property and financial affairs either when you have the mental capacity to do so or when you have lost mental capacity. However, Attorneys only make the decisions about your health and welfare when you are unable to make those decisions yourself because you have lost the mental capacity to do so.
We can provide you with advice and assistance in the preparation and registration of the necessary LPA’s so that your chosen Attorneys can deal with your affairs.