Wills and Probate

    Masons Law LLP

    Wills, Trust & Probate

    • Wills
    • Lasting Power of Attorney
    • Probate
    • Trusts
    • Contentious Probate

    At Masons Law LLP our specialist Probate solicitors can help you from making a simple Will for a straightforward estate to dealing with the most complex of estates, as well as preparing for your future by making a Lasting Power of Attorney, whatever your circumstances we can help.

    Sadly we all have to cope with the death of a loved one at some point, and it can be a very difficult time, to say the least. We make it our mission to lift the burden of the will and the probate from your shoulders, and handle every aspect of that process – thoughtfully, sympathetically, and diligently.

    We tie up all the loose ends; obtaining valuations of the different components of the estate, and agreeing the best position for you so far as any taxation liability is concerned.

    Wills

    Despite much publicity over this issue in recent times, people often pass away without having drawn up a will, or have a poorly-drafted or incomplete will. This creates severe difficulties for family and friends – just at the point where they are bereaved – and in all too many cases more inheritance tax has to be paid than would have been the case if simple and inexpensive action had been taken.

    Going back a step, everyone should have a will, no matter or how large their estate. It not only identifies the amount of Inheritance Tax payable, but it avoids uncertainty and distress for your bereaved relatives. The process is quick and straight forward, and often very affordable indeed. Our staff will be only too pleased to advise, to offer assistance so far as your planning is concerned, and to draw up a legally-correct will to protect your loved ones and explain in very simple language the do’s and don’ts of making a will and probate planning.

    Lasting Power of Attorney

    A Lasting Power of Attorney (LPA) is a legal document that you can draw up to appoint someone to look after your affairs and to make decisions on your behalf, in the event that you should lose mental capacity. If you become unable to make decisions about your property, finances or health and welfare then having an LPA in place allows someone you trust to look after these decisions for you or to help you make those decisions.

    Probate Law

    Having agreed the tax liability, we will apply for the Grant of Probate (or Letters of Administration where there is no Will) and with that authority in place we will gather in the assets of the estate and administer them according to the Will or the intestacy laws, as the case may be.

    Probate is the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person’s property under a will. Where the deceased has left a correctly drawn-up will we will handle probate on the beneficiaries’ behalf, ensuring the legal validity of the will and the smooth distribution of assets to the beneficiaries.

    Where a person only owns assets jointly or where their assets held in their sole name total less than £5000 a grant of representation will usually be unnecessary

    Trusts

    Setting up a trust can be a tax efficient way of administering your property and providing for your loved ones after your death. There are many different types of trust so it is important to take expert advice on what type of trust will suit you and your family’s circumstances best.

    Contentious Probate

    Under certain circumstances it is possible that a will can be challenged after death, and a contentious probate claim is initiated, whereby and individual or individuals challenge the contents if the will. This often relates to the mental state of the testator (the person who made the will) when it was drawn up, or allegations of unfair influence or even forgery.