Wills & Estate Planning

– Why is it important to have a Will? 

A Will is essential if you want to protect your loved ones after your death, to distribute your property, money and possessions amongst those you wish it to go to and perhaps not to those the law deems entitled.

– What could happen if I don’t have a Will? 

If you die without a will, it’s called dying intestate. And the laws of intestacy will decide who should inherit your property, money and possessions. As these laws are over 100 years old, they do not take modern families into account, like unmarried couples and step children. So, if you and your partner are not married, or haven’t registered a civil partnership, your partner will not inherit all your assets automatically.

If you have a child under the age of 18, in certain circumstances social services or the courts will make decisions about who takes care of them. So writing a will is the best way to protect your loved ones and make your wishes known.

Without proper estate planning in place, your estate could also end up paying more inheritance tax. That is why we stress the importance of granting your family members peace of mind by having your wishes recorded in a binding legal document.

– Why choose us for writing a Will?

At Appletree Law, we understand each person’s financial and personal circumstances are unique and we do not take a ‘one size fits all approach’. We will work with you to understand your wishes in detail and provide you with a bespoke, personal and holistic service. We are friendly and approachable whilst maintaining a high level of professionalism ensuring a stress-free and straightforward process.

Being experts in our field, we will help you ensure your assets are protected from one generation to the next.

– Why is Estate Planning Important?

Estate planning is crucial for safeguarding your assets and ensuring your loved ones are provided for according to your wishes after your passing. It allows you to manage the distribution of your wealth and belongings, ensuring they are protected for your loved ones. 

– What Could Happen Without Estate Planning?

Without planning your estate in advance, you face the risk that your assets may be distributed in a manner you would not have chosen.

This is particularly important for:

• blended families in second marriages with stepchildren
• unmarried couples and cohabitees
• disabled/vulnerable beneficiaries
• protection from care home fees
• protection from divorce, inheritance tax, bankruptcy
• estranged children/family members who you may wish to exclude from your will for example.

By proactively planning your estate, you can mitigate these risks and provide your family with the peace of mind that comes from having your wishes legally documented.

– Why Choose Our Team?

We are experts in crafting tailored estate planning that aligns with your family dynamics. Our commitment is to simplify the estate planning process and working closely with you to achieve the best outcome for your family.

– What is probate?

Probate definition: in England and Wales probate is the word normally used to describe the legal and financial processes involved in dealing with the property, money and possessions (called the assets) of a person who has died.

Probate is the process of proving that a will is valid (if there is one) and confirming who has authority to administer the estate of the person who has died.

Before the next of kin or executor named in the will can claim, transfer, sell or distribute any of the deceased’s assets they might have to apply for a grant of probate.

– What is a grant of probate?

A grant of probate is a legal document that’s sometimes needed to access bank accounts, sell assets and settle debts after someone has died.

This document is only called a grant of probate if the person left a will. If they didn’t leave a will, a grant of letters of administration is used instead. Both documents work in much the same way, giving a named person legal authority to deal with the estate of the person who died.

When probate has been granted, the next of kin or the executor can start to deal with the deceased person’s assets. If there was a will, this sets out how the assets should be distributed. If the person died without a will the law determines who should receive everything.

You may need to apply for probate even if there is a will

If someone has died and you are named as an executor in the will, or if you are an administrator (if someone has died without a valid will), you may need to apply for probate. Before you can apply you’ll need to:

• check the validity of the will (if there is one)
• value the estate
• confirm who has the authority to handle estate administration
• pay any Inheritance Tax

– Why is Probate Assistance Important?

Probate assistance is crucial to ensure a smooth transfer of assets and affairs after the passing of a loved one. It involves managing the legal and financial complexities of their estate, ensuring that their wishes are honoured and assets distributed according to their intentions.

Using a probate solicitor isn’t compulsory in England or Wales, but doing probate yourself is not a task to be entered into lightly. Probate can be a lengthy and time consuming process, which can involve many hours of administrative work and take a year or more to complete.

If you make any mistakes when carrying out any of this work, you could be held legally or financially responsible. If you instruct a probate solicitor to carry out this work on your behalf, they will take responsibility for their work.

In addition, a probate solicitor is a specialist in estate administration. They will be experienced in administering estates, finding missing assets, locating beneficiaries, liaising with HMRC and applying all available tax reliefs and exemptions. This can help to ensure that the beneficiaries of the estate receive the full inheritance that they’re entitled to, while reducing any personal risk to the executor or administrator of the estate.

– What Could Happen Without Probate?

Without proper probate assistance, the estate settlement process can become arduous and contentious. Assets may be distributed in a manner not aligned with the deceased’s wishes, leading to family disputes and potential legal challenges. Moreover, without expert guidance, there’s a risk of overlooking important legal requirements, which could result in delays and increased costs.

– Why Choose Us?

At Appletree Law, we are dedicated to providing a caring and compassionate service alleviating the burden upon you during this sensitive time. 

Our team is well-versed in probate laws and regulations, ensuring the process is carried out as smoothly and efficiently as possible supporting you every step of the way.

– What is Estate Administration?

Estate Administration is the process of managing and distributing the assets, debts, and affairs of a deceased individual, commonly known as the deceased. This process involves various tasks, including locating and valuing assets, paying debts and taxes, and distributing remaining assets to beneficiaries or heirs according to the deceased’s will or laws of intestacy. Estate Administration ensures the deceased’s final wishes are carried out effectively and their estate is settled in a legally compliant and orderly manner.

– What could happen if Estate Administration is neglected?

Without proper Estate Administration, there’s a risk of delays, confusion, and even legal disputes among family members or beneficiaries. Assets may not be distributed as intended, leading to dissatisfaction and potential financial implications. Additionally, failing to adhere to legal requirements can result in penalties or liabilities.

– Why choose us for Estate Administration?

At Appletree Law, we provide clear and concise advice, with transparency on fees, you can trust there are no surprises along the way. What sets us apart is our compassionate and caring demeanour, understanding the emotional weight that comes with handling a loved one’s affairs. 

There are various types of Trusts, which include:

• Lifetime trusts
• Will trusts
• Life interest/right of occupation trusts
• Discretionary trusts
• Vulnerable/Disabled Persons Trusts
• Family protection trusts
• Property Protection trusts

– What is a Trust?

A Trust is a legal relationship created when a person (settlor) transfers the legal title to property or assets to another person (trustee) to hold for the benefit of a third person (beneficiary or beneficiaries). The person providing the assets is called the settlor.

– What could happen if I don’t establish a Trust?

Without establishing a trust, your estate could be lost to third parties, a trust can ensure your estate is preserved for future generations to come. 

– Why choose us?

Choose Appletree Law for our specialised expertise in setting up trusts, advising on trust law, and handling various trust-related matters. Our experienced solicitors can guide you through the process, offering tailored solutions to meet your specific needs. We work diligently to achieve the best outcomes for you, providing peace of mind and satisfaction throughout the process.

You can create two types of LPA: 

1. Property and Financial Affairs LPA

This type of lasting power attorney gives your attorney the authority to deal with buying and selling your property, managing investments, dealing with your bills, bank accounts, collecting benefits or other income – unless restrictions are included to the contrary, and allows them to sign on your behalf. These are also valuable documents for business owners who are sole traders, partners, and sole directors/shareholders.

2. Health and Welfare LPA

This type of LPA covers health and care decisions and even where someone is to live. This document can only be used when the donor has lost mental capacity. Unless restrictions are included, the Attorney can do anything the donor would have done regarding personal welfare, for example:

• Where and with who you should live
• Day-to-day care
• Consenting and refusing medical treatment
• Arranging treatments such as dentists, doctors etc
• Life-sustaining treatment decisions can also be made by the Attorney, but only if the donor directs 

– What could happen if I don’t have a Lasting Power of Attorney?

If you lose the capacity to manage your personal affairs without a valid lasting power of attorney they will become the responsibility of the Office of the Public Guardian. Your affairs would then be placed under the jurisdiction of the Court, which appoints a Deputy to act on your behalf and is then answerable to the Court. This can be an expensive route, as Court approval is required for any act taken, accounts have to be submitted to the Court every 12 months, and financial decisions may not be made by close family or friends.

If you lose mental capacity without a lasting power of attorney in place, it will be necessary for your family to apply to the Court of Protection to have a deputy appointed to deal with everyday financial matters. This is a slow and costly process, amounting to thousands of pounds.

– Who can act as my Attorney(s)?

Should you be unable to manage your affairs, an LPA ensures that you have an appointed person who can manage your financial life on your behalf. Having an Attorney can save a great deal of money and distress and will ensure that your affairs will be handled correctly and quickly.

You must select your power of Attorney very carefully; they should be trustworthy and have a duty to act in your best interests, considering your needs and wishes. You can choose a close friend, relative, or legal professional as your lasting power of Attorney. They should be over 18, have full mental capacity, and not be bankrupt. You can appoint more than one person to act, but you will need to decide how to appoint them. You can also appoint a substitute just in case something happens to an Attorney in your lifetime.

– Why choose us?

At Appletree Law, we understand the importance of having a comprehensive plan in place for the future. Our experienced team specialises in tailored Lasting Powers of Attorney that align with your specific needs and preferences. We provide a transparent fee structure and expert guidance to ensure your interests are protected and your wishes are upheld even in the face of unforeseen circumstances.