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We are a friendly firm who wish to help making your Will as comfortable as possible for you.

 

We come to you at your home or wherever else you choose, and if you prefer we can take instructions by phone or email.

 

Everyone should make a Will.

 

Briefly, a Will is simply a document appointing people called Executors to deal with your estate and naming those you wish to inherit and in what way. A Will is effective only on death and therefore your Will can be changed as often as necessary during your lifetime as circumstances change.

 

Some people believe that if a Will is not made the intestacy laws will protect their family and loved ones but this is not true. The intestacy laws can cause a quite different result than your wishes with the people you do want to inherit not receiving anything.

 

Although most people would agree that to make a Will is a sensible thing to do most people have not made a Will.

 

We can prepare your Will quickly, efficiently and at a reasonable cost.

 

Why You Should Make A Will

 

1. When you make a Will your property goes to those you want it to.

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If a Will is not made your property passes under the laws of intestacy so your property can go to relatives who do not need anything or those who you do not want to inherit or to someone you have never heard of and in some cases all your property can pass to the State.

 

2. If you make a Will you can ensure your husband or wife receives everything you own.

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If you are married and do not make a Will your husband or wife may not automatically receive everything. Children can get a share leaving your husband or wife far worse off than they should be.

 

3. If you make a Will you can ensure that your partner receives all you wish them to have.

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If you live with someone you are not married to and you die without leaving a Will your partner can end up with nothing from your estate.

 

4. If you make a Will you can appoint a guardian or guardians who would be able to look after your child or children immediately and save your children unimaginable unhappiness.

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If you have a child and both parents die in an accident,  or a single parent dies,  the child can be placed in care for months and then have to live with strangers you would not wish them to. If you have more than one child your children can be separated permanently.

 

5. If you make a Will you can plan to legally avoid inheritance tax and prevent the tax collectors taking a great slice of all that you have worked hard for all your life.

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If you do not make a Will the government can take 40% of what you leave over the inheritance tax threshold.

 

Provisions as to Your House in a Will can include:

 

A gift of a house to your husband or wife for life or until remarriage and then to another person avoiding settled land.

 

A direction to Executors and Trustees to sell a house and purchase another house.

 

A gift of a share in a freehold property with tenancy in common.

 

A gift of a house to a person for life and then to another person.

 

An option to purchase.

 

Trusts

 

Trusts in Wills have a variety of descriptions, several of which fall into more than

one category, and include:

 

Life Interest Trust

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In a Life Interest Trust money is left to a named person or persons but another person is entitled to receive income from the money for a specified period. It is suitable where a house is jointly owned as tenants in common. 

 

The estate of the first to die is placed into a trust and the survivor has the right to live rent free in the property owned by the deceased and receive income from the invested estate of the deceased. 

 

The Will of the first to die states how the trust fund is to be inherited after the death of the survivor.

 

Property Trust, also known as a Protective Property Trust

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In a Property Trust, or  Protective Property Trust, property is given to Trustees and another person is entitled to occupy the property.

 

The trust helps to protect a jointly owned house from being sold to pay for care fees.

 

There is a gift of 50% of property to Trustees, with the right for a husband or wife to live in the property for life, and after the death of the husband and wife it becomes part of the general estate.

 

A Home Protection Trust

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A Home Protection Trust helps to protect against care home fees.

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There is a gift of 50% of the property to Trustees, with a Trust for a named child or children with the right for a husband or wife to live in the property for life, and the right for a husband or wife to live in an alternative property.

 

Special Needs or Disabled Persons Trusts

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Money left to a disabled person in a Will can affect means tested benefits, but in a trust the trustees manage the trust fund in accordance with your wishes.

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Discretionary Trust

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A Discretionary Trust may be used to assist a disabled person where payments are made from the trust fund for the benefit of the disabled person at the discretion of the trustees.

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Trustees are given power to decide who can inherit and what they can inherit and when they can inherit.

 

Nil Rate Band Discretionary Trust

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This may be used for married couples and for those who are not married. The intention where they are not married is that the survivor of people who live together and are not married save tax by using the other person’s allowance for Inheritance Tax.

 

Gifts to Charities in a Will

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Such gifts can be given free from Inheritance Tax.

 

Other services we provide include:

 

Probate and Estate Administration

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We can offer support, advice and assistance to help you, especially at a time when you do not wish to be worried with distressing formalities.

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For more information, click here.

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​Lasting Power of Attorney

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You can have a Property and Financial Affairs Lasting Power of Attorney and a Health and Welfare Lasting Power of Attorney.

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For more information, click here.

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Living Will

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The terms “Living Will” “Advance Decision” and “Advance Statement” are connected.

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For more information, click here.

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