Wills & Probate

We understand that planning ahead for a time when you will no longer be here and losing a close family member are emotional experiences, which is why it’s important to seek clear and impartial advice at this time.

Whatever support you need our experts can guide you through the options to ensure that the wishes of you and your loved ones are carried out.

Will writing

The wills and probate solicitors at Kingsley can help you with all aspects of making a Will and help you with Estate Administration. As everyone’s circumstances are different, we take the time to understand your family, business, and financial situation.

It’s advisable to create or update a will when your situation changes, for example, if you have a child or more children, you get married or enter a civil partnership, or you buy or sell valuable assets such as property.

Lasting power of attorney

A lasting power of attorney (LPA) differs from a will, as it is designed to protect your interests during your lifetime, but when you are no longer able to make decisions for yourself due to accident or illness. It gives someone else the ability to make those decisions for you.

As you are only able to prepare an LPA while you have the mental capacity to do so, it’s important to plan ahead and ensure your loved ones can take care of you in the way you would have wanted.

Probate

If you are the Executor to a Will or the closest blood-relative of someone who has died, it will clearly be an emotional and difficult time. Our probate team can provide help to deal with the tasks relating to their estate that need to be carried out.

Depending on the individual circumstances, the estate may involve valuable matters and it is the Executors responsibility to ensure the estate it being administered correctly. The legal feel are settled by the deceased’s Estate.

Intestacy

In the absence of a valid Will, the person is said to have died “intestate” and the intestacy rules determine who can be appointed as the Administrators of the estate.

The Administrator is required to collate the details of assets and debts, pay inheritance tax, sell or distribute assets, and ensure all beneficiaries have been identified.  It can be a challenging role, but it is one that Kingsley can assist you with.

Deeds of variation

If you are the beneficiary of a Will, you can request a deed of variation, which allows you to change the entitlement you are to receive. It may be that circumstances have changed, or you would like to pass assets on to other relatives or charity.

We recommend seeking legal advice before applying for a deed of variation as it must meet specific criteria to be considered and accepted. With a wealth of experience in this area, we can guide you on what’s required in both straight forward and more complex situations.

Finances of vulnerable people

It can be difficult to discuss the finances or other important issues with vulnerable or elderly people that may no longer be able to make key decisions. There are also situations when it simply isn’t possible to have these conversations due to physical or mental problems.

When there is no power of attorney in place, the Court of Protection decided whether someone has the capacity to make their own decisions or whether they need a deputy to make those decisions for them.