Brooks and Partners Law Firm

Will and Probate

What is a Will:


A will is your opportunity to set out your wishes legally. It is a legal document that sets out the beneficiaries of your assets, who will take care of your children, how your estate will be shared and who will be responsible for executing the wishes laid out in your will.


It is a wonderful way for you to remember all your relatives and loved ones ensuring all those sentimental items are given to the people who mattered most to you during your lifetime. Your wealth accumulated during your life can be shared amongst all your family members exactly how you want.


A will also allow you to exclude those people you do not want to benefit from your accumulated wealth which can be just as important for some people. This could be the case for married couples who have informally separated.

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If you do not have a Will:


You do not have a say in how your assets are distributed, and your family, and loved ones also have no voice. The law will decide, this means the rules of intestacy will apply and married, civil partners, and relatives can only inherit.


We have had to console and consult with family members who are grieving and having the added burden of trying to navigate what the wishes of their departed loved one would have been with other family members. Aside from the distribution of assets which can cause contention, there is consideration around funeral wishes, whether a cremation or burial is desirable, which has caused major disputes between family members.


You can feel helpless because you really do not have a say, the law will decide. If you have been cohabiting and you considered yourself as a common-law partner under the rules of intestacy you cannot inherit. What would this mean for you if the home you live in was in your partner’s name when they departed?
 

We care about what our clients think of will drafting service, which is why we actively seek feedback from our clients to help us improve our client’s experience. Read what our clients are saying about us on Trustpilot.

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We recommend registering your will with the National Will Register, Certainty. So no matter where you are in the world, you know your will can be found without question. 


Let us represent you if you would like us to contact you to discuss our will drafting services please click on the contact form.

We have many years of experience in drafting wills, and we will take the time to discuss your situation and requirements in detail to ensure your will reflects your wishes accurately.

Trusts

There are various trusts that we can help you with from setting up a trust to help reduce the amount of inheritance tax your children or grandchildren may be liable to pay should you die to a deed of trust or declaration of trust that sets out the percentage you own in a property that protects your interest and or investment in the property.


A trust is an obligation binding a person, the trustee(s), to deal with assets in a particular way for the benefit of a named individual(s) in the trust the beneficiary/beneficiaries whose interests are protected by the courts.  

If you are planning to purchase a property with another person, whether it is your partner (not married), friend, or family member, it would be in your best interests to have a declaration of trust in place to ensure you are protecting your investment.  This is the best way to make sure everyone knows exactly what has been agreed and using a lawyer gives you peace of mind that you have protected yourself against any future misunderstandings.  

Types of Trusts

Discretionary Trusts

Under this type of trust, the trustees can decide how the trust will be managed in terms of how the income and/ or capital will be used.  The trustee(s) can make decisions regarding how much is paid, how often and if there are any restrictions on the beneficiaries.

Deed of Trust/Declaration of Trust

A deed of trust is a legally binding document that outlines the monies paid and in what proportions to purchase a property.  It is important to decide whether you are tenants in common or joint tenants when you purchase a property with another person.  

Bare Trusts

Assets that are held in a bare trust are in the name of the trustees until the beneficiary is 18 years of age.  This type of trust is designed to hold assets in trust until the beneficiary is old enough to take control.

Interest in Possession Trusts

This type of trust requires the trustee to transfer the income generated by the trust to the beneficiary.  The capital in the trust may not be for the named beneficiary benefiting from the trust’s income. Depending on how the trust has been drawn up the capital, i.e. shares, could pass to someone else. 

Considerations when setting up a trust:

A trust can play a supportive role in looking after the assets that are inherited by your children and or grandchildren until such time, they can then take full control of the assets they have inherited.  

  • Parental trusts for children

  • Trusts and income tax

  • Trusts for vulnerable people

  • Trusts and inheritance tax

  • Accumulation trusts

  • Mixed trusts

  • Settlor-interested trusts

  • Non-resident trusts

Joint tenants and tenants in common:

  • Joint tenants means that the property is owned by both of you

  • Tenants in common means that you own a share of the property which could relate to the amount of money invested and therefore could be in unequal portions. If you are joint tenants, your share of the property will pass to the other property owner should you die. If you are tenants in common, then you could ensure that your share of the property is left to whomever you wish. 

If you want to know more, try our quote generator or get in touch Or you may require one of our Wills and Probate services. See below.

Probate is the process of dealing with the estate of someone who has died. A Grant of Representation is required to give you the legal right to deal with the deceased’s assets. 

 

When there is a valid Will, the Grant is issued to the Executors by the Probate Court and it is called a Grant of Probate. 

 

If there is no Will, the Grant is issued to the next of kin under the Rule of Intestacy and it is called a Grant of Letters of Administration.

Here at RG Law, we pride ourselves on being experts in Probate law. With our team of specialists on hand to help you through any questions, you may have and to make this journey as easy as possible.

​The Probate process is governed by law and usually includes the following:

  • Settling all the debts and expenses.

  • Obtaining the Grant of Probate or Letters of Administration from the Probate Registry.

  • Determining the assets of the deceased and their value.

  • Paying the gifts as directed by the Will

  • Distributing what remains of the estate to the beneficiaries in accordance with the Will or the Rules of Intestacy (if there is no Will)

  • Preparing Estate Accounts.

  • Closing accounts and collecting in the assets.

  • Ascertaining whether there is enough money available to pay the deceased’s debts.

  • Completing Inheritance Tax Forms for HMRC confirming if any tax is payable

  • If Inheritance Tax is due, settling the payment with HMRC (all or part payment needs to be paid before the Grant of Probate is issued) 

Probate can often be a complicated process that comes at a time when you are already dealing with a devastating event in your life.  Our private client practitioners are experienced in supporting you, your family and loved ones through this process and will provide an understanding and sensitive approach, ensuring that matters are completed quickly and efficiently.

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If you want to know more, try our quote generator or get in touch Or you may require one of our Wills and Probate services. See

What is a legacy check, and why would you need one?

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There are many different milestones throughout our lives – getting married, having children, getting divorced, re-marrying and starting new jobs, to name a few. As we are experiencing these milestones, it can be difficult to think about the future.

 

At RG Law, we want every customer to pause and reflect on where they are and what they have achieved so far and review what they want for the future. Our Legacy Check is designed to help you do this and give you the tools to see how you can protect what you have for generations to come.

 

The power of now will make all the difference for not just your future but the futures of your loved ones too.

 

Whatever the stage, we are here to advise.

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We provide a holistic approach to every customer, and right now in your life, you may not need the services mentioned above or even be aware that they exist and how they can benefit you, which is why we want to take the time to provide you with the knowledge to make an informed decision.

 

This is an opportunity for you to take a moment to review where you are right now in your life and whether we can help you or a member of your family plan.

 

Consultation options:

• Over the phone

• Via email correspondence

• Video call

• Face-to-face meeting

 

So, what life stages should you be aware of, and how can we help?

How can I reduce my Inheritance tax bill?

It is important that we all pay our taxes, but do we want our loved ones to pay more tax than they need to? If the answer is no, then it is worth looking at inheritance tax planning which can provide you with legal advice on how to legitimately reduce the amount of tax that is payable against your estate when your loved one(s) inherit your estate after you have passed away.


The amount of inheritance payable depends on the overall value of your estate which includes everything that you have accumulated during your lifetime i.e. money in your bank account(s), savings, properties, shares or life insurance, excluding any debts.


Estates will be subject to 40% tax if the value of the estate is above £325,000 and your civil partner, spouse or charity is not the named beneficiary. Depending on your personal circumstances, the £325,000 tax-free cap could be higher. If you leave money to a charity, then the percentage of tax could be reduced.

There are lots of questions to ask regarding reducing your loved ones inheritance tax bill such as: –

What are the inheritance tax rules if I am married?

What are the inheritance tax rules if I work for the police, armed forces, firefighter or paramedic?

What are the inheritance tax rules if I have children?

What are the inheritance tax rules if I have grandchildren?

What are the inheritance tax rules if I have no direct descendants?

What are the inheritance tax rules if I want to leave a legacy for a charity?

What are the inheritance tax rule if we were tenants in common?

What are the inheritance tax rules if I am not married?

If you want to know more, try our quote generator or get in touch Or you may require one of our Wills and Probate services. See below.

If you jointly own a property with one or more people and you wish to sever the joint tenancy, we can help you with a notice of severance. This will allow you to change the tenancy from joint to tenancy in common, allowing you to specify in your Will who will inherit your interest in your property should you die.


A joint tenancy means that the ownership of the property is shared 100% with each person named on the title. Therefore, neither party can sell the property without the consent of the others. 

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If you would like us to contact you to discuss a notice to severance or how to set up a joint ownership form please get in touch.

If you want to know more, try our quote generator or get in touch Or you may require one of our Wills and Probate services. See

You are never too young to have a lasting power of attorney (LPA) in place. So many people believe that they do not have to worry until they are over 55 years of age, when in fact if you lead an active life such as skiing, mountain biking or any form of extreme sport it may be worthwhile putting something much earlier. 


An LPA is like taking out car insurance. You have car insurance in place, albeit it is a legal requirement, but it also gives you peace of mind because you hope that you never have to use it. So, the policy goes into a drawer and you forget about it.  That’s what you need to do with your LPAs put them in a drawer and hope that your loved ones will never need to use them.  The great thing is that you do not have to get a new one every year.  

However, if the day comes when your LPA is needed, your loved ones will be so grateful that you had the forethought to put a lasting power of attorney LPA in place which will enable them to make decisions on your behalf and ensure your financial and health issues are looked after when you are not able to do so for yourself.


What types of Last Power of Attorney are there?

 
 
 
 

Property and affairs
This LPA allows your Attorney(s) to deal with:

  • Paying your bills

  • Collecting income and benefits

  • Dealing with your tax affairs

  • Selling or buying your home

  • May have authority straight away or only for certain assets or only if you have lost mental capacity

 
 

Health and welfare

This LPA allows your Attorney(s) to deal with:

  • Where you live

  • Your medical and day to day care

  • Your diet, dress and visitation

  • Even whether to give or refuse life-sustaining treatment if you chose

  • Authority will only be effective if you have lost mental capacity

If you want to know more, try our quote generator or get in touch Or you may require one of our Wills and Probate services. See below;

There may come a time in our lives when we lack the capacity to make decisions for ourselves, maybe due to an unexpected illness, accident, disability or dementia.  This is where your lasting power of attorney (LPA) provides you with peace of mind; like your car insurance, it’s in the drawer and you hope that your loved ones will never have to use it. 

However, if you are seeking help, support and advice on how you are going to help a friend or family member by becoming a deputy for them because they do not have an LPA in place, we can advise on a possible Court of Protection Deputyship.

Just like an LPA there are two types of deputy: –

 
 
 
 

Personal welfare deputy

 
 

Property and financial affairs duty

There may come a time in our lives when we lack the capacity to make decisions for ourselves, maybe due to an unexpected illness, accident, disability or dementia.  This is where your lasting power of attorney (LPA) provides you with peace of mind; like your car insurance, it’s in the drawer, and you hope that your loved ones will never have to use it. 

However, if you are seeking help, support and advice on how you are going to help a friend or family member by becoming a deputy for them because they do not have an LPA in place, we can advise on a possible Court of Protection Deputyship.

If you want to know more, try our quote generator or get in touch Or you may require one of our Wills and Probate services. See below.

 CONTACT BROOKS AND PARTNERS

Please use the contact form to outline your request to us. Upon receipt of your request, we will provide you with a brief initial assessment based on the facts described and send you a cost offer. You can then decide whether you would like to place this order with us.