Our Legal Practices
Wills and Propate
We offer services in relation to the following areas of law:
Drawing up Wills
Administering Estates where there is a Will
Administering Estates where there is no Will
Making, or defending, claims for provision under The Inheritance (Family Provision)
Acts where the contents of a Will is disputed
Drawing up Lasting Powers of Attorney
Representing clients in the Court of Protection
Many of us simply 'do not get around' to making a Will because there is 'plenty of time' to do that in the future. The risk is that though is that we never get around to it and then when we die we have not recorded what we want to happen to our estate and we have not taken advantage of tax planning available.
We aim to be respectful and sensitive to your needs and to help you put your affairs in order and to ensure that you make provision for your dependents and that only those family and friends that you identify benefit from your estate and that of any steps that you can take to minimise any tax that is payable on your death and that as much of your wealth as possible is preserved for your beneficiaries.
We can act as executors under your Will or we can help you to deal with the administration if you have been appointed as an executor under a Will of a relative or friend.
In general terms each of us can dispose of our estate as we wish. There are certain circumstances however where it might be considered that a Will does not make adequate, or any, provision for a particular relative of the deceased. We can advise you as to whether your circumstances are such that you might be able to challenge the terms of a particular Will, or are such that you could successfully defend a challenge to a Will. We will endeavour initially to negotiate and try to avoid the dispute escalating into a Court case, but if Court proceedings become inevitable then we will try to ensure that the case is dealt with as swiftly and economically as possible, and that any distress in relation to the dispute is minimised.
We can also draw up Lasting Powers of Attorney so that in the event that you become incapacitated due to illness or accident, you have a properly authorised attorney who you have chosen and trust, who can deal with your affairs for you. A Lasting Power of Attorney can be drawn up while you are still in full health and mental capacity which will only take effect in the event that you become unable to manage your affairs for any reason. It is an excellent way of ensuring that there will be no difficulty for your family or friends in accessing funds and/or carrying out your wishes in the event that you do sadly become unable to manage your affairs for whatever reason.
When there is no Lasting Power of Attorney, but someone suffers from dementia or other mental health issues it may be necessary to apply to the Court of Protection for a Deputy to be appointed to manage the affairs of their relative or friend. Deputies are usually family members but not always. We can assist you in making application to be appointed a Deputy and we will discuss with you the responsibilities that go with that role.