WILLS, TRUST AND PROBATE

Watsons Solicitors

 

The main services we provide are:

WILLS

It is important for you to make a will whether or not you consider you have many possessions or much money because (a) without a will, there are certain rules which dictate how the money, property or possessions should be shared. This may not be the way that you would have wished your money and possessions to be distributed (b) unmarried partners and partners who have not registered a civil partnership cannot inherit from each other unless there is a will, so the death of one partner may create serious financial problems for the remaining partner (c) if you have children, you will need to make a will so that arrangements for the children can be made if either one or both parents die (d) it may be possible to reduce the amount of tax payable on the inheritance if advice is taken in advance and a will is made (e) if your circumstances have changed, it is important that you make a will to ensure that your money and possessions are distributed according to your wishes. For example, if you have separated and your ex-partner now lives with someone else, you may want to change your will. If you are married or enter into a registered civil partnership, this will make any previous will you have made invalid.

LASTING POWERS OF ATTORNEY

Have you ever thought about who would look after your financial affairs, or make decisions about your personal welfare or healthcare if, due to incapacity, (whether physical or mental) you were unable to do so? By preparing a Property and Affairs Lasting Power of Attorney and/or a Personal Welfare Lasting Power of Attorney you can ensure that, should the need arise, persons of your choice will be able to deal with these matters on your behalf. We can assist you in the preparation of the necessary documents and also offer a storage service which ensures that your Lasting Power(s) of Attorney cannot be released until the time specified by you.

LIVING WILLS

A "Living Will", or "Advance Directive", is a statement by which a person expresses his or her preferences about the medical treatment they will receive if they become incapable of making and communicating a decision about such treatment. Our service involves discussing your wishes with you and ensuring that this document accurately reflects the choices you have made.


TRUSTS

A Trust is a mechanism for holding cash or other assets. We can advise you on the most suitable type of Trust for your particular circumstances and provide guidance on who you should appoint as trustees. We will also advise you of the way in which your proposed Trust will work including, if you wish, advising on the tax implications. We can manage the Trust and provide annual financial accounts. In addition we can provide advice on the ways in which the Trust Fund might be invested, drawing upon the expertise of our Financial Planning associates.

PROBATE

The death of a loved one is always a distressing time. Unfortunately there is much that has to be done, including sorting out his or her financial affairs. Many people think this is straightforward but the paperwork that has to be completed can be complex. We can deal with all aspects of the deceased’s estate, including registering the death, obtaining a Grant of Representation, complying with H M Revenue & Customs’ requirements, assessing the risk of claims against the estate and advising about the possibility of varying the terms of a Will or intestacy to save tax or to achieve the deceased’s wishes. We can deal with the completion of the estate tax returns, our Financial Planning associates can advise on how best to invest an inheritance and we can advise on the administration of trusts established under the Will or intestacy.

COURT OF PROTECTION

If a person is not able to look after their own financial affairs and that person has not completed an Enduring Power of Attorney or a Lasting Power of Attorney it is likely that the Court of Protection will be involved, often through the appointment of a Deputy to manage their financial affairs. Navigating the system can be difficult and stressful. We are ideally placed to offer support and guidance to ones dealing with such matters as we have experience of liaising with the Court of Protection.