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Wills, Trusts and Probate Law

With a dedicated team of experts, we can help you with private legal matters of any nature, from Will writing to assisting on probate matters.

Throughout our lives, we make many plans and decisions that manage risks and offer peace of mind – like we buy car insurance and pay into a pension. Among these decisions, one that allows us to spend our later years in life without having to worry about ‘what ifs’ is good estate planning.

Making a Will

Estate planning refers to how you want your estate – property, money, shares and personal possessions that you have worked hard for – distributed after your death, making it easier for your loved ones to inherit and cherish your legacy. You can do this by creating a Will. When the final moment arrives, your Executor(s) (someone (or more than one) you have nominated to manage your estate in your Will) will respect your wishes to resolve all claims and distribute your assets according to your Will by administering your estate.

A Will is one of the most important things in life as it sets out clearly what will happen to your assets after you pass. In it, you name an Executor(s) and perhaps a substitute Executor(s) – these people will handle your estate. You will also name the people you have chosen to receive your assets, whether that is a cash gift, personal effects, property or your residuary estate. At Foys, we have seen first hand some devastating consequences when somebody dies without a Will and grieving relatives have no influence as to who receives what. In such circumstance, the Rules of Intestacy apply, which means that a person you may not want to receive a share of your estate (or all of your estate) may receive in place of somebody who you would want to receive a share of your estate (or all of your estate). This is not an ideal situation as you run the risk of your assets going to people you may have wished to disinherit.

It is said that change is the only constant in life. Getting married, having children, going through divorce are some of the key milestones which should prompt you to update your Will as your circumstances change. You should always make sure to review your Will in the event of any change of circumstances. At Foys, our team take time to consider your needs and your commitments and offer tailored advice to your needs, so contact us today to make a new Will or review your existing one.

Setting up a Trust

Trusts can be created in your lifetime or in your Will. There are various reasons that you may wish to consider when creating a Trust, for example, to provide for minors or vulnerable adults that you do not feel are able to manage their own affairs or for you to provide for your children from a previous marriage.

At Foys, our team take time to consider your needs and your commitments to offer tailored advice to your needs. Contact our team today on 01302 327136 to discuss creating a Trust.

Probate

Probate is the official legal term that describes the action of a Will being verified and then administered according to the wishes of the recently deceased. Following the death of a loved one, we understand that it can be a challenging time for you and your family to deal with the prospect of administrating an estate.

At Foys, our probate specialists seek to make your life easier by providing probate services that are sensitive and efficient. We can help you deal with your loved one’s estate and can ensure that you are able to access the assets that have been left to you (and others) and that you know your rights when it comes to paying Inheritance Tax (if applicable).

You can rest assured that all our probate experts are experienced and approachable. This expertise means that we have the capability to deal with your specific case.

Letters of Administration

When someone dies without a Will this means that the person has died “Intestate” and that certain individuals, often a family member or members, have to apply for ‘Letters of Administration’ rather than Probate. The family member(s), who becomes the ‘Administrator(s)’, then has the legal power to manage and distribute the estate of the deceased under the Rules of Intestacy. This is an intricate and stressful process as disputes may arise among beneficiaries, intensified during a time of mourning and may even lead to strained or broken relationships. This is why you are always advised to prepare a Will when you have a chance to do so. However, if somebody does die without a Will, our team of experts will be able to guide you through the process.

Lasting Power of Attorney

A Lasting Power of Attorney is a legal document that allows you to choose trusted people to make decisions on your behalf concerning your property and financial affairs and your health and welfare.

The ability to make decisions is called “mental capacity”. Some people may not be able to make decisions some or all of the time, perhaps because they have a brain injury or dementia. Creating Lasting Powers of Attorney means that you can rest assured that if you do lose your mental capacity that you have appointed somebody trustworthy to manage your affairs.

If you do not make Lasting Powers of Attorney and lose your mental capacity, your family and friends cannot make decisions on your behalf without applying to the Court of Protection for a Deputyship Order. This can be a lengthy and costly process.

At Foys, we take time to consider your needs and your commitments to offer tailored advice to your needs, so contact our team today to discuss creating Lasting Powers of Attorney.

Competitive fixed fees

We offer competitive fixed fees and packages for many of our services. Also, we offer a FREE initial consultation to find out how our services can benefit you with there being no obligation to proceed with instructing us following the initial consultation.

Talk to us today and see how our competitive fees can help to make sure that your family’s needs are provided for.

If you are unable to attend our office for any reason, we are happy to visit you at home or elsewhere when convenient.

The areas our Wills, Trusts and Probate team can assist you with include:

  • Preparing a Will
  • Advising and preparing Trust Deeds
  • Obtaining Grant of Probate/ Letters of Administration
  • Distributing a deceased’s estate
  • Advising on Deed of Variations and Deed of Renunciations
  • Lasting Powers of Attorney
  • Registering Enduring Powers of Attorney
  • Deputyship Applications

To find out more about how we can help with your needs, call your local Foys Solicitors office today.

This page was updated on 11/09/19.

Please note that although we may use the word solicitor, your case could be carried out by a legal advisor, legal executive or paralegal depending on the nature of the case.