Wills Trusts & Estates

Wills

A thoughtful process….making a Will is a task which requires considerable thought and care, coupled with the need for a lawyer’s expertise in drafting. Not only does a Will set out your wishes as to the disposal of your estate, it can also act as a very effective tax mitigating tool at the same time.

In this modern age of complex financial affairs, extended families and increased litigation, making a Will has never been more important.

Some fear making a Will as if to do so would somehow tempt providence. More commonly, people don’t have a Will simply because they have just not got round to it.

Here are our ten top tips on making a Will:-

1. Making an appointment to see your solicitor does not mean you are about to die!
2. A Will lets you leave clear instructions about how your estate is to be distributed. Without one it is subject to the “Intestacy Rules” and may not go to the people you would have chosen;
3. A Will lets you choose your own Executors;
4. A Will lets you appoint guardians to look after your children if they are under 18. You can also make financial arrangements for their benefit;
5. If you have re-married, a Will can provide for your spouse and ensure that any children from your first marriage get a share of your estate;
6. Wills can save tax and protect assets from the potential costs of long-term care;
7. Wills can create trusts to protect beneficiaries (e.g. disabled or vulnerable beneficiaries) and assets (e.g. farms and family businesses);
8. We charge for Wills at a fixed fee and not an hourly rate. We will also store your Wills & deeds, free of charge. We also offer free Will registration and free home or work visits.
9. We are qualified solicitors and not Will Writers. Will Writers are not regulated and leave clients with little means of redress should things go wrong. We make sure your affairs are in safe hands.
10. Put your signed Will in a drawer and concentrate on living!

Probate and Estate Administration

Losing a loved one is an incredibly sad and difficult time. Our professional yet sympathetic advisors are on hand to provide you with the support you need.

Administering an estate can be time consuming and complex particularly where Inheritance Tax is an issue.

With Inheritance Tax affecting more and more people, it is essential that an estate is dealt with quickly and efficiently and makes the most of all available tax exemptions and reliefs.

If there are business or agricultural assets involved, it is extremely important that specialist advice is sought to minimise tax liabilities and business disruption.

Every estate administration is different and our specialist team of advisers will be able to provide you with a service tailored to the circumstances and your requirements.

Power of Attorney

Generally speaking, we are all aware of the importance of having a Will but are we also aware of the importance of having a Power of Attorney?

A Power of Attorney is a document giving authority to someone else to act on your behalf. We are specialists in this field.

A Lasting Power of Attorney can be made to deal with your property and affairs and a separate Lasting Power of Attorney can be made to deal with your health and welfare. These types of Powers of Attorney will continue even if you become mentally incapable of managing your own affairs.

It is important for everyone to have Lasting Powers of Attorney in place.

We can also prepare Powers of Attorney for business people who wish to make sure that there is someone who would be able to deal with the business if they cannot.

Trusts

Trusts can be complex but extremely beneficial.

We have a number of specialist Trust advisors who can advise on all types of Trusts including creation, administration and dissolutions of Trusts. This area of law is becoming increasing complex but Trusts remain a very useful estate planning tool for those wishing to protect assets for the future generations or to carry out tax planning.

It is vitally important that Trusts are managed properly and so specialist advice should be obtained at the earliest possible opportunity.

Whether you are looking to set up a Trust, are a Trustee, or a Beneficiary of a Trust, contact our specialist advisors for guidance.

Business Succession

We will care about your business just as much as you do.

We know that business owners often spend a lifetime building and growing their successful businesses. The first step towards business succession is a big one and we can support you.

We act for many business owners in connection with their succession planning. From complex company structures to small family businesses, agricultural based property or trading businesses, we can provide solutions to the most complex family situations and succession issues.

Planning for business succession can often be put off until it is too late but we can help all business owners take the next step towards passing on their successful business to the next generation.

Tax Planning

Tax can be taxing – let us help you.

Paying the right amount of tax is crucial – we cannot pay too little and we do not want to pay too much!

Our expert advisors can also identify opportunities for tax planning and tax mitigation. These are key considerations in many aspects of our private client work.

We work closely with our clients and their other professional advisors e.g. accountants and financial advisors to ensure that you have the best all round advice.

Wills, Trusts, Probate and Inheritance Disputes

Our team of specialist solicitors can assist you on a wide range of disputes involving wills, intestacy, trusts, probate and claims under the Inheritance (Provision for Family and Dependants) Act 1975.

The number of such disputes has increased considerably in recent years, for a variety of reasons.

Our specialist team of solicitors who deal with such disputes are assisted and supplemented by Swayne Johnson’s very large team of lawyers in the non-contentious Private Client team who deal with wills, trusts, probate, intestacies, Court of Protection, deputyships and Lasting Powers of Attorney.

The types of case dealt with by our litigation solicitors include:

• Contested wills – eg on the grounds of improper execution, incapacity or undue influence.
• Financial abuse of vulnerable adults.
• Inheritance (Provision for Family and Dependants) Act 1975 claims – eg by disappointed spouses, civil partners, cohabitees, children or other dependants.
• Disputes concerning the correct interpretation of wills and trusts.
• Negligence or other failures to properly deal with the administration of estates or trusts.