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Wills and Trusts


                    

Everyone should have a Will in place, yet around two thirds of people pass away without a Will.  There are many benefits to make a Will to include:

 

Ensuring your estate passes to whom you wish (whether this be family, friends or charities) rather than your estate passing under the rigid intestacy rules.

 

You can nominate whom you wish to deal with the administration of your Estate.


You can appoint guardians for any children under the age of eighteen.


You can gift specific items to whom you wish.


You can include any wishes you have for your burial or cremation.

 
When you have a Will prepared we can advise you of the potential inheritance tax which your Estate may have to pay after your death.  There are ways of reducing the burden of inheritance tax and we can provide you with inheritance tax advice to suit your needs and, when necessary, involve our expert accountants.
 
If you pass away without a Will, the intestacy rules are strict and they do not take into account all modern family units to include couples that a cohabiting or second marriages.  This may leave a loved one in a very difficult and vulnerable situation.  All of this can be avoided by having a Will professionally drafted and we can ensure that all eventualities are covered.
 
Some assets may pass outside of your Will and it is important that these assets are identified to ensure that your Estate is distributed exactly how you wish.  Again, this is something which we can discuss with you whilst preparing your Will.  
 
We appreciate that not all Estates are straightforward and that a trust may may need to be set up.  If this is the case, we can assist you with the setting up of the trust and its on-going management.  We can advise you in relation to the appointment of trustees, the powers of the trrustees and any tax implications.  Please refer to the "Trusts" tab for further information.
 
We usually prepare Wills on a fixed fee basis but more complicated Wills may be costed on a time spent basis.

 

The only way to be sure that your wishes are carried out upon your death is by making a Will. Contrary to popular belief, it is not the case that all of your possessions and assets will pass to your next of kin upon your death.

At EMD Law we can assist you with every aspect of your Will and will draft every Will to our client’s individual circumstances, as we understand that everybody’s needs and wishes will be different.


We also understand that it is not possible for everyone to attend appointments at our offices and we therefore offer home visits for a small additional fee.


We also realise that it is difficult for those of you who cannot have appointments during working hours and we therefore offer late night appointments upon request or alternatively you can download, print and complete our Will Questionnaire, which will provide us with enough information to draft your Will. To download the Questionnaire please click on the link in the Downloads area, above.

 

If you already have a Will and need to only make a minor amendment this may be achieved by a Codicil. We will discuss with you whether a Codicil will be sufficient or whether you need to make a new Will.

Our probate team appreciate that everybody’s needs are different and that these are not always met by simple Wills or gifts. The services we offer with regard to trusts range from the initial creation to long term trust management.


The kind of trust set up will always depend on the individual’s circumstances and desired outcome so it is impossible to list every eventuality in this summary. Some of the most common contributing factors when considering a trust are young children; children from a former relationship; disabled beneficiaries; or wanting to allow a spouse to remain in your property but giving the eventual benefit to a person of your choice.


Trusts can also be a useful tool in estate planning for minimizing Inheritance Tax liabilities.


Due to the wide selection of possibilities we suggest that you seek advice on your individual matter from a member of our experienced team.


If you would like more information or want to make an appointment please contact us

Click on the links below to view our downloads:

 

Intestacy Flowchart - Married

Intestacy Flowchart - Unmarried

Will Questionnaire