Wills, Trusts & Probate

It is only by making a Will that you can be sure your estate (house, goods, bank accounts etc.) will go where you want it to go when you die.  As fewer people these days choose to marry and those in same sex relationships wish to provide properly for their partners upon death, it is more important than ever to have your wishes clearly set out in a legally binding way.

If you don’t, then it is quite possible that your loved ones could receive nothing at all.  Don’t assume that if you don’t leave a Will your spouse or partner will automatically receive everything (or indeed anything).  We will help you make a Will that recognises your wishes and responsibilities to those you leave behind taking into account your (and their) financial circumstances. 

Should you wish to, you may appoint a "Testamentary Guardian" in your Will.  This is the person who you would like to bring up your children in the event of your death.  This is particularly important if you are a single parent or if the children's father does not have "Parental Responsibility".  (See Family Law.)      Many couples also appoint a Testamentary Guardian to ensure that their children will be cared for by the person of their choice should they become orphaned - fortunately uncommon, but tragically possible in the event of an accident.

A simple Will can be prepared inexpensively and quickly (sometimes while you wait) along with one for your partner in similar terms if required (we call these “mirror wills”).  We will store your Will free of charge.

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Complex Wills, Trusts & Inheritance Tax Schemes

We have extensive experience of complex Wills, trusts and Inheritance Tax schemes and are able advise you in this regard once we have details of your financial circumstances and requirements.  We are happy to liaise with your Independent Financial Advisor if you so wish.

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Power of Attorney

A Power of Attorney is a legal document which allows one person (the "Attorney") to act on behalf of another (the "Donor") in relation to financial and property matters.  There are two main types of Power of Attorney - "Ordinary" and "Enduring".  The former is most commonly used to give the Attorney temporary powers whilst the Donor is, for example, abroad or incapacitated.  The purpose of the latter is to appoint a trusted person to manage the financial affairs of the Donor in the event that he / she is no longer mentally capable of doing so him/herself.

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Probate

Probate means the administration of the estate of a deceased person, reading the Will, collecting in the assets and distributing them.  We will contact the people entitled to receive money etc. from the estate and explain the effects of the Will.  If there is no Will, we will explain what happens and who benefits.  Where necessary we will deal with payment of Inheritance Tax and tax returns.  We will produce a summary of the composition of the estate and its distribution.

Having a Solicitor's help at this difficult time can avoid additional stress and anxiety and allow people to grieve without the worry of dealing with these often complex issues alone.  Staff in our Wills and Probate department receive professional training in bereavement care.

We are also able to assist if disagreements arise, for example between executors or beneficiaries.  Emotions tend to run high at such times and disputes between family members are not uncommon.

In order to help our clients follow the correct legal procedure following the death of a friend or relative, we have produced an information leaflet which can be viewed by following this link:  When Someone Dies

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Inheritance Act Claims / Disputed Wills

We can also help you if someone close to you has died intestate (without leaving a Will), has left a Will which you feel does not properly provide for you or you have concerns about the validity of the Will.  We will advise you as to the options open to you, the likely costs involved and your chances of success.  See Litigation

Or contact David Smith (Senior Partner)

ds@fairbairnsmith.co.uk

 

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