WILLS, PROBATE AND TRUSTS IN HAMPSHIRE & WILTSHIRE

Drafting Wills, Succession Planning and the administration of Trusts.

The Private Client team at Middletons Solicitors can assist you with the drafting of your Will, Succession Planning and the administration of Trusts and Estates. We have Private Client teams situated in Wiltshire and Hampshire.

CONTACT OUR WILLS, PROBATE AND TRUSTS TEAM TODAY

HOW OUR PRIVATE CLIENT TEAM CAN ASSIST YOU

We take pride in offering a friendly, sympathetic and professional service. We tailor our advice to suit your needs and we explain the legal complexities in a simple, straightforward manner.

Preparation of Wills

Your Will allows you to decide what happens to your belongings after your death – this is a given right to anyone. Many people are under the illusion they only need a Will when they reach a certain age. This is not the case.

Completing and signing a Will in the correct way allows you to decide who should benefit from your Estate. No matter what age you are, if you die without having made a Will, which is also known as dying intestate, your Estate will be distributed in accordance with a set of statutory rules, which may mean that assets pass to someone who you do not want to benefit.

Why make a Will?

If you prepare a Will, you can identify who you wish to look after your Estate following your death. This gives you the opportunity to name the people you trust rather than those who would be entitled to do so if you died intestate.

The main purpose of your Will is to set out clearly who should benefit from your Estate and in what proportions they should inherit it. If you are leaving someone out of your Will, we can advise you on potential claims against your Estate and matters you need to consider to protect it.

We recommend that you review your Will with us every 3 to 5 years to make sure that it still reflects your wishes and you are aware of any changes in the law in relation to Inheritance Tax.

Preparing a Will is made easy with our team

Preparing a Will does not need to be complicated and time-consuming. Our Private Client team tailors their advice to your needs and explains complex matters in a friendly and straightforward manner. It is extremely important that the correct procedure is followed to avoid the chance of the Will being invalid. It is important to note that in recent years there has been a rise in court actions with regard to the validity of Wills.

Trusts and Estate Administration

Our Private Client team will assist you with the administration of estates and trusts.

The death of a relative or close friend is likely to be an emotional and difficult time, which members of our Private Client team understand.

If you are appointed Executor under a Will you can try to deal with the administration of the estate yourself or you can ask us to do the work. This will relieve you of the administrative burden, which can often be daunting.

We will do as much or as little of the work as you wish. It is important to understand that the burden placed on an Executor is to make sure an estate is wound up according to the terms of the deceased’s Will and the law. This means collecting in all the assets, paying all the liabilities, including tax where appropriate, and paying out to the beneficiaries.

A full accounting record should be kept and “Estate Accounts” produced at the end of the administration. We have dedicated IT software which deals with these requirements. Please understand that this is not something which can be done on the back of an envelope.

Grant of Probate and Letters of Administration

The process of Will writing and the terminology surrounding it can be confusing. That is why we’re here, to explain the process in plain and simple terms to ensure everything is clear for you.

In order to administer an Estate, it is likely that you will need to apply for a Grant of Probate/Letters of Administration.

A Grant of Probate is issued to the Executor(s) named in the Will, whereas Letters of Administration will be issued to the next of kin of the deceased who died without making a Will (intestate).

At Middletons Solicitors, we will explain when you might need to apply for the above documents, explain your duties as an Executor/Administrator and assist you with the process of administration.

Grant of Probate

When you make a Will, you need to give careful consideration to the appointment of your Executor/s. He/she should be someone you trust and be an individual who has the competence to manage a potentially complex process.

The Executor will have the legal authority to deal with your affairs after your death, and at the end of the process, will distribute your assets to the beneficiaries that you have named in your Will.

Letters of Administration

Similar to a Grant of Probate, Letters of Administration is the document that grants the next of kin the legal authority to deal with the affairs of the deceased. In circumstances where there is no Will, there is an invalid Will, there is no named Executor, the named Executor has died or does not wish to administer the estate.

Someone who applies for letters of administration is called an administrator. We suggest that you take advice with regard to who can apply for Letters of Administration as there are rules which govern the order of priority.

Post Death Variation

Post death variation deals with the process of changing a will after a death. There are many reasons as to why a person may wish to change a Will, and we can help educate you on the process or support you in making a decision.

Deed of Variation Advice

In certain circumstances, it may be possible to alter the wishes of the someone who has died if everyone who benefits from the Will agrees. This is called a Deed of Variation and it must be completed within 2 years of death.

Some common reasons for doing so include:

More efficient tax planning.
Provision of equality among beneficiaries.

We consider it to be absolutely essential that proper legal advice is taken as soon as possible if this is being considered.

Lasting Powers of Attorney

Our lasting powers of attorney solicitors regularly advise about content and prepare Lasting Powers of Attorney, can act as the certificate provider, and are regularly asked to act as attorney with or without family members or friends.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that enables an individual (the ‘donor’) to appoint one or more people (known as ‘attorneys’ or ‘donees’) to make decisions on their behalf. Unlike a general power of attorney or a trustee power of attorney, an LPA continues to be effective after the mental incapacity of the donor.

Creating a valid LPA

A valid LPA must satisfy the following criteria:

The document must be in the prescribed form and comply with the requirements of the Mental Capacity Act 2005
The attorney must be validly appointed and can be a spouse or partner, relative, friend or solicitor and be someone who you trust to make important decisions on your behalf
The document must be validly executed by all parties
The document must be registered in accordance with the Act
At the time of execution of the LPA form, the donor must be 18 years old or older and must have capacity to execute the document

If a document fails to satisfy any of these criteria, it will not confer any authority on the purported donee.

Two forms of LPA which cover separate issues

LPA for Health and Welfare – This allows the Donor to give power to their attorneys to make decisions about the donor’s healthcare and personal welfare. The attorneys can only make decisions if the donor has lost mental capacity. The LPA will allow the attorneys to make decisions about the Donor’s care and can include provision for the attorneys to make decisions about life sustaining treatment of the donor.

LPA for Property and Financial affairs – This provides the attorney with the authority to make decisions about the Donor’s property and financial affairs. A Donor can limit the powers given to the attorneys. The Donor can decide if the LPA becomes effective once registered with the Office of Public Guardian or is delayed until the Donor has lost mental capacity.

Deputyship Applications

A Deputy is appointed by the Court of Protection following an application and has the role of supporting an individual who no longer has the mental capacity to make decisions, and therefore, is unable to make LPAs. The appointment relates to financial matters only.

Successful applications

An application for appointment as a deputy is usually made by a spouse, partner, relative, close friend or solicitor. The applicant must be over 18. Once appointed by the court the Deputy will be fully accountable to the Court of Protection and must act in the best interests of their friend or relative (“the patient”) at all times.

Duties of a Deputy

Once appointed a Deputy, the decisions you will be responsible for depend on the powers granted to you in the Deputyship order.

Generally, the Deputy has:

Access to the individual’s bank accounts.
The authority to open a ‘Deputy’ bank account.
Manage and pay bills on behalf of the person.
Liaising with the Department for work and pensions.
Liaising with financial institutions.
Sale of the patient’s assets.

A Deputyship application can be extremely time consuming and very costly. This is why we recommend people make a Lasting Powers of Attorney (LPAs) to avoid the need for an application to the Court.

We provide client focussed legal advice and assistance.

Our solicitors strive to deliver the best advice and assistance and an outstanding customer experience.

We serve our customers right the way across Wiltshire and Hampshire with offices in Warminster, Amesbury and Stockbridge.

Enquire about our services today.

Just a short note to once again express my sincere thanks to you, Sue and the M&U team, for all your help, cooperation and first class professional support. I am most grateful to you all.
Chris Stephenson, Warminster