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We offer the full range of will and related services as listed below. To find out more please click on the links:

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Wills

Making a will allows you to decide what happens to your assets after your death. It also enables you to make sure that your estate does not pay any more tax than necessary.

We can provide wills for single people, married couples, those in civil partnerships and those just living together.  Wills can make monetary provision for children and/or grandchildren either directly or through a trust and appoint guardians for minor children. If you want to leave money to disabled or otherwise vulnerable beneficiaries, or someone who is at risk from bankruptcy or divorce, we can advise you about trusts that offer useful protection.  Trusts can also protect an inheritance for children should a surviving spouse remarry.

Where a property (for example, a house) is in joint ownership, you can name those you want to leave your share in the property to in your will whilst giving the survivor a right to live in the property for the rest of his/her life.

Trusts can also be included to ensure any tax allowances are fully utilised and that taxes are not paid unnecessarily by default.  For business owners we can provide advice to maximise available tax relief, the value for remaining stakeholders and the owner’s beneficiaries.

Wills are often found to be invalid after death because they are not correctly signed and witnessed (attestation).  We always supervise attestation by our clients to ensure that their wills are valid.

Wills should be reviewed every five years, or more frequently if there are changes in the law or your circumstances change (for example marriage or divorce, the birth of children or grandchildren or if you receive an inheritance).

Wills are individual and personal and whilst the legal structure is consistent no two wills are the same.  Our advice based service allows clients to fully express their personal wishes.

We can arrange secure storage and registration for wills so that when they are needed they can be found.

Living Wills – Advance Directives

Living Wills allow individuals to say how they would wish to be treated in the event they are unable to express their wishes at the time when medical treatment or ongoing medical treatment is offered. There are four types of directive allowing people to express their wishes in respect of:

  1. Refusal/Consent to treatment;
  2. Dealing with an intolerable condition;
  3. Maximum treatment;
  4. Treatment preferences.

These are sensitive matters in which we are able to assist clients in making their intentions clear.

Lasting Powers of Attorney

We provide Lasting Powers of Attorney (“LPAs”) that enable individuals (“donors”) to appoint others (“attorneys”), normally family members, to make decisions for them if they are not able to take those decisions themselves through disability, injury, age or incapacity. Without an LPA relatives would need to apply to the Court of Protection for a deputy to be appointed to deal with the affairs of their loved one.  This is an impersonal, expensive and lengthy process which can be avoided by making a LPA.

There are two types of LPA.  The first allows attorneys to deal with the donor’s property and financial affairs, the second to deal with the donor’s health and personal welfare.

These important documents ensure that both your property and your personal welfare can be managed on your behalf by those you trust should you become incapacitated.

Probate

Probate (which can take several forms) is generally needed to deal with the estate of someone who has died.  Dealing with an estate is a complex process that family executors may find daunting and difficult. We can help bereaved families with the probate process at this difficult time.  We can provide advice, assistance in completing documents and/or with trusted partners by taking responsibility for some or all of the entire process.

As with all of our services probate work is undertaken at a fixed competitive price agreed before any work is undertaken.

Will Trusts

Where a person’s will contains a trust (known as a Testamentary Trust) which comes into being on the death of that person it is essential that the executors of the will properly constitute the trust.  This may, amongst others, be a trust to protect property, a trust to provide for children, to provide for disabled or vulnerable beneficiaries, or a discretionary inheritance tax trust. In all cases we can provide advice and arrange for the relevant trust to be established.

Deed of Variation

With the agreement of the relevant Beneficiaries a person’s will can be changed within 2 years of his/her death. The variation could enable the executors to protect property, mitigate against tax or simply provide a gift to someone inadvertently left out of the will.

Lifetime Trusts

We can arrange the provision of tailored lifetime trusts (established in the giver’s lifetime) to suit individual requirements and circumstances.  These include Pilot Trusts and Home Protection Trusts. Home Protection Trusts enable the giver to reduce probate costs on their death, to protect property – exclusively for their chosen beneficiaries, from being squandered by irresponsible beneficiaries, for young or disabled beneficiaries, against bankruptcy, divorce and remarriage of beneficiaries and for the giver to continue to live in their home for as long as they wish.

More information on Home Protection Trusts are available here. However they are not appropriate in all cases, so please contact us to discuss your individual circumstances.

Deputyship Orders

We can assist clients to apply for and obtain a Deputyship Order from the Court. A Deputy needs to be appointed to deal with the affairs of a person who has lost capacity without having made a Lasting Power of Attorney.

A family member is usually the best person to undertake the role of Deputy. This is preferable to the alternative which is that a Professional Deputy is appointed by the Court of Protection. To have a Professional Deputy appointed is expensive and impersonal as the professional will have no knowledge as to the wishes of person who has lost capacity.

Funeral Plans

Most people are, understandably, not particularly keen to discuss their own funeral. However if you are making a Will your thoughts are already focused on what will happen after you die.

We offer The Legal & Financial Guaranteed Funeral Plan a plan designed for the clients of Legal & Financial Advisers. We periodically review the Funeral Plans available to ensure what we offer is good value for money, meets and continues to meet our Clients needs (see the News section for articles on Funeral Plans).

Please contact us for details whether you are an existing Client or not.

Simply Wills will arrange an appointment in your own home and at a time to suit you to advise you on any of these documents and their suitability to your situation. We will give you a fixed fee for the work, and our prices are very competitive when compared with solicitors, banks and other professionals. Call us today on 01908 866 541 or send us an email.

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Call us today on 01908 866541
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