Wills & Probate

Wills and Probate - doing what's right for family and friends

As many as 60% of people never bother to make a will. It will be stressful enough for loved ones when you die but not making a will could cause them even more anxiety, inconvenience and cost.

But even if you have made a will, please remember it is vital to keep it under review and up-to-date.

Click here to read our Frequently Asked Wills and Probate Questions.

Property, assets and financial planning

EAD Solicitors deal with the administration of estates of persons who have died. These can range from simple estates where a few assets pass from one spouse to another, to estates with many wide-ranging assets and a large number of beneficiaries.

Power of Attorney

What would be the impact on your family if suddenly you became incapable through ill health of managing your own financial affairs?

Without proper provision, it could be necessary for members of your family to apply to court for a deputyship order that would involve considerable amounts of time, trouble, expense and emotional strain. We are advising an increasing number of our clients to insure against this eventuality by signing a Lasting Power of Attorney, enabling a nominated relative, close friend or solicitor to take charge of their affairs, maintaining continuity, minimising problems and saving them money in the future as well. We can also assist you if deputyship is the only option.

Court of Protection

When people with assets lose their capability (and do not have a Lasting Power of Attorney in place), EAD Solicitors can advise on the Appointment of a Property and Affairs Deputy to deal with their finances and property and the appointment of a Welfare Deputy to manage their affairs. The Partners in the department can act as professional Property and Affairs Deputies in suitable cases.

We can also advise lay Deputies in cases where settlements have been awarded to people who have lost capacity due to illness or injury. We will similarly act and advise where elderly people have lost their capacity.

Help for Executors

Executors are individuals appointed in a Will and are responsible for meeting the requirement of the Will. Where there is no Will, these individuals are called Administrators.

It's a role that brings heavy responsibilities - on top of the distress of losing someone close - and it can also be a legal minefield. EAD Solicitors can help Executors and Administrators deal with their responsibilities and provide considerable practical assistance on any aspect of the administration of the estate. We will sort out the legal paperwork, including an application for probate or administration, together with any other appropriate court orders. We can avoid the need for Executors and Administrators to open their own bank accounts by dealing with monies through our client account. After debts, funeral and other expenses have been paid, we will distribute the estate in accordance with the will or the rules on intestacy, where there is no will. Should you need to sell a property, we can help. We will conclude matters for you quickly and professionally, avoiding any unnecessary distress.

How to avoid Inheritance Tax and Capital Gains Tax

As property prices have increased so much over the last several years, many of our clients are now finding a need to take action to avoid or reduce the amount of Inheritance Tax payable on death. EAD Solicitors' private client team offers up-to-date specialist advice on the steps to take during your lifetime to reduce this bill. These steps may not involve anything more than carefully prepared Wills that do not affect how you plan your financial affairs during your lifetime. We also help you to plan ahead.

We believe the tax man should have as little of your money as possible, particularly by making sure that you are using tax exemptions and allowances. We save clients many hundreds of thousands of pounds each year.

Protecting your assets from Care Home Fees

None of us know what lies ahead but there may well be a need to reside in some form of Care Home at some point in the future. Your capital and in a lot of cases your home will be taken into account in order to determine who pays for this. Our private client department specialise in advising on the payment of Care Home fees and protecting your home and savings from being used to fund your care. It is never too soon to consider this. We have successfully helped a number of our clients to protect their home from Care Home fees and we advise hundreds of clients each year.

Inheritance Disputes

Inheritance disputes can arise both with and without the presence of a Will. For example, partners are frequently not provided for in a Will, although the parties might have lived together for many years. Also, a Will may not have been made and all the Estate might pass to brothers and sisters of the deceased, in circumstances which are clearly unfair. EAD Solicitors can advise surviving partners and make claims upon their behalf under the Inheritance (Provision for Family and Dependants) Act 1975. The firm has a proven track record of dealing with such cases in a sensitive manner, with a view to obtaining a just and fair result for their clients.

Deeds of Variation

Deeds of Variation can be made within two years of the date of death. Provided that all the beneficiaries are adults and agree, steps can be taken to vary the dispositions of a Will. This could involve making provisions which would either be fairer or more tax effective than the original Will, as far as the deceased's family and dependants are concerned. EAD Solicitors are the experts in providing advice to achieve both equitable results and the saving of inheritance tax, by the skilful use of Deeds of Variation.

Wills and Probate Practice Areas

Our expert wills and probate team can provide a full range of services to all clients including:

• Wills and estate planning
• Probate and administration
• Trusts
• Lasting powers of attorney
• Property
• Court of Protection
• Advice to elderly clients
• Personal taxation and inheritance tax
• Lifetime discretionary trusts
• Investment of trust funds
• Inheritance disputes
• Litigation for administration of estates
• Deeds of family arrangement

Click here to contact our Wills and Probate team today or call 0151 735 1000 for further information.