Introducing Wills and Estate Management

Planning for the future isn’t always easy to think about, but having the right legal documents in place can provide peace of mind for you and your loved ones. That’s why we’re delighted to introduce our new Wills and Estate Planning department.

Led by experienced Private Client Solicitor Lisa Kirk, Liberay Legal’s new Head of Private Client, our team of expert solicitors specialise in helping you and your family plan for what’s to come, as well as guiding you through the process of managing someone’s estate when they pass.

Let’s explore what these new services are, how they work and when you might need them.

How we can help

Our probate service provides comprehensive support through every stage of estate administration. We’ll handle the paperwork, liaise with banks and other institutions, prepare tax returns, and ensure everything is distributed correctly and efficiently. We can take on as much or as little of the process as you need, with fixed fees to give you space to focus on what matters most during a difficult time.

What is a Will?

A Will is a legal document that sets out your wishes for what happens to your property, money and possessions after you pass away. It allows you to decide who inherits what, appoint guardians for young children and even make specific gifts to friends or charities.

When do you need a Will?

You should consider making a Will if you:

• Own property or have significant savings
• Have children or dependents you want to provide for
• Want to ensure specific people inherit from you
• Wish to reduce potential inheritance tax
• Want to avoid family disputes after you’re gone

Without a Will, the law decides who inherits your estate and how it is shared according to certain rules. These are called the ‘rules of intestacy’, and, depending on your circumstances, how your estate is divided may not always reflect your wishes.

When is the right time to make a Will?

There are a few key milestones that are a good time to make a Will:

• Getting married
• Buying a house
• Having children
• Receiving an inheritance
• Longer term travelling

A Will ensures that your loved ones know your wishes, so it’s important not to leave it too late!

How we can help

Our Will writing service is straightforward and supportive. We’ll sit down with you to understand your wishes, explain your options clearly and draft a Will that accurately reflects what you want. We’ll also advise on inheritance tax planning where relevant and ensure your Will is properly signed and witnessed.

Once complete, we’ll provide you with a copy for your records and store the original securely in our offices, so it’s safe and accessible when needed.

Our Will Writing services cover:

• Single Will (standard): from £200.00 + VAT
• Mirror Wills (standard, for couples): from £300.00 + VAT
• Tax Planning / Complex Will with Trust: from £400.00+ VAT

Most straightforward Wills can be prepared within 4-6 weeks of receiving your instructions.

What is Probate?

Probate is the legal process of administering someone’s estate after they die. It involves collecting their assets, paying any debts and taxes and distributing what remains to the beneficiaries named in the Will (or according to intestacy rules if there’s no Will).

When do you need Probate services?

You may need professional probate assistance if:

• You’ve been named as an executor in someone’s Will and need guidance
• The estate is complex, with multiple properties or assets
• There are inheritance tax issues to resolve
• You’re dealing with disputes between beneficiaries
• You simply don’t have the time or confidence to handle it alone

Probate can be a challenging and emotional process, especially when you’re also grieving. Having experienced legal support can make all the difference.

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a legal document that allows you to appoint one or more people (called ‘attorneys’) to make decisions on your behalf if you become unable to do so yourself. This could be due to illness, an accident, or simply because you’re no longer able to manage your affairs.

There are two types of LPA:

Property and Financial Affairs LPA – This allows your attorney to manage your money, property, and financial matters, such as paying bills, managing bank accounts, or selling your home.

Health and Welfare LPA – This covers decisions about your daily care, medical treatment, and where you live. It only comes into effect if you lack the mental capacity to make these decisions yourself.

When do you need an LPA?

Many people assume LPAs are only for the elderly, but the reality is that any adult could benefit from having one in place. You should consider making an LPA if you:

• Want to ensure someone you trust can help manage your affairs if you’re unable to
• Have a progressive illness that may affect your decision-making ability in future
• Want to avoid your family having to apply to the Court of Protection (a lengthy and costly process)
• Simply want peace of mind that your wishes will be respected

The key point to remember is that an LPA must be set up while you still have mental capacity. Once that capacity is lost, it’s too late – which is why it’s never too early to put one in place.

How we can help

Setting up an LPA involves careful consideration of who to appoint and how you want them to act. Our team will guide you through the entire process, helping you understand your options and ensuring your LPA is completed correctly and registered with the Office of the Public Guardian.

We’ll explain the different types of LPA, help you choose the right attorneys, and make sure all the legal requirements are met so your documents are valid when you need them.