Wills, Probate & Estate Planning

wills, probate & estate planning

Wills, Probate & Estate Planning Overview

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Pardoes and Purely Probate are part of the same group; together we offer you an enhanced range of personal legal services.

Our experienced Wills, probate and estate planning team combine the best of both companies. Together, we provide clear, supportive advice to help you plan for the future or manage an estate with confidence. We understand that these matters can be sensitive, so we take the time to explain your options clearly and guide you through each step with care and professionalism.

Whether you are looking for assistance with probate, estate administration, Wills, trusts, or inheritance tax planning, our experienced team is here to support you.

There are times in life when it can seem very daunting to need legal advice, particularly if you have lost a loved one, need to plan for your later years or have never had the need to use a solicitor.

Our Wills, Probate and Estate Planning team have a wealth of experience, we are friendly and empathic. We understand that you may need time to consider your options, or that it may be less stressful or more practical for us to see you in your own home. You will never be rushed and nothing will be concluded until we are certain that you are absolutely happy with what has been prepared for you.

If you are buying a property, getting married (or divorced) or you are a new parent, we can also ensure that your interests are protected and loved ones properly provided for.

What We Do:
  • Contentious Probate
  • Declaration of Trust
  • Deputyship Applications
  • Lasting Power of Attorney
  • Probate/Intestacy/Estate Administration
  • Registration of Enduring Power of Attorney
  • Tax Planning
  • Trusts
  • Wills

Downloadable information:

Peace of Mind
Lasting Powers of Attorney
Wills

Click here for information on Fee Structure and Timescales.

What We Can Provide

Contentious Probate

When a person dies, disputes can unfortunately arise over the validity and terms of their Will. We are experienced in acting for personal representatives/executors/trustees, beneficiaries and disappointed claimants.

To avoid such issues in the future, please speak to our Private Client team.

Declaration of Trust

If you are buying a house with another person, our Property Team will ask you whether you wish to buy as joint tenants or tenants in common.

If you buy as joint tenants and one of you dies the whole house will pass automatically to the survivor. If you buy as tenants in common then the house can be held in unequal shares and, where one party supplies greater funds than the other, a Declaration of Trust determines what is to be repaid to each party on the disposal of the property. If one party dies the deceased's share of the property passes according to the instructions in their Will (where there is a valid Will in place).

This is a very sensible document (contributing unequal shares) to execute for all those buying in different proportions, particularly for unmarried couples, friends purchasing together or where parents are contributing funds to a child’s house purchase.

A chat with one of our team can confirm what would be required.

Estate Administration

When someone passes away there is often a considerable amount of paperwork to be undertaken to ensure that assets are properly identified, appropriate taxes paid and the wishes expressed in their Will are carried out.

If the person who died had a Will then the submission to the Probate Registry (which is a Court) is an application for probate. Where there is no Will the person is said to be intestate and the application is for Letters of Administration.

The difference between the two is how the beneficiaries are identified; where there is a Will the beneficiaries are named, where there is no Will, the Rules of Intestacy determine who the beneficiaries are. 

Our experienced team can administer an estate on your behalf from start to finish, but for simple estates we also offer a fixed fee service to obtain Probate/Letters of Administration, to allow the closure of accounts and the sale of property.

Lasting Powers of Attorney

There are two types of Lasting Power of Attorney, one for Property and Financial Affairs and the other for Health and Welfare. These documents allow you to appoint Attorneys to act on your behalf should this ever become necessary.

In a very litigious and risk adverse world it is no longer possible for someone to make decisions for you, if you are incapacitated and unable to make the decisions for yourself, without the legal authority to do so. A Lasting Power of Attorney gives that authority.

In addition, the Property and Financial Affairs document allows your chosen Attorneys to deal with your money, property sale, investments and insurance on your instructions, whilst you have mental capacity. For example, if you are going to be out of the Country for extended periods, or perhaps have mobility difficulties, a Lasting Power of Attorney can ensure that your affairs are dealt with by someone of your choosing.

Sadly, we must all consider the possibility of being unconscious or otherwise incapacitated and the Health and Welfare Lasting Power of Attorney can allow your chosen attorneys to make decisions on all health matters from resuscitation to residential care.

A Lasting Power of Attorney is essential as it ensures that you are properly looked after and represented by the people that you choose and trust. Contact our specialist team to discuss your requirements.

Estate and Tax Planning

Everyone can leave up to £325,000 free from Inheritance Tax. Anything above this has the potential to be subject to Inheritance Tax at 40%. 

There are reliefs and exemptions that may apply and planning well in advance can significantly reduce or even eliminate the liability and ensure that a larger proportion of what you have worked for during your lifetime passes to your chosen beneficiaries.

This is a specialist, technical area which is often overlooked, but can be of critical importance when it comes to tax saving and protecting your assets. 

Wills

Many people delay making a Will believing that they are too young to need one, don’t have anything to leave, or have complicated family situations that they don’t think can be adequately accommodated.

A Will allows you to express funeral wishes, choose who will deal with your estate on your death, appoint guardians for minor children and give gifts to friends, family and charities. It can protect assets and assist with Inheritance Tax planning. A Will can even ensure that your pet is properly looked after when you are gone.

We can tailor your Will to suit your individual needs, whatever your stage in life and whatever your personal circumstances. 

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