Professional Will Writing

Nobody likes to think about their own demise and for this reason many people do not make arrangements for how their property and possessions are to be dealt with when they die. Many people intend to make a will, but simply do not get round to doing it. Others have a will but do not review it when their circumstances change, for example, on separation or divorce. All of these scenarios can produce an outcome which that person did not intend.
The answer is to make a will. Making a will is a simple and quick process which allows you to set out clearly how you want your estate to be divided, who you want to deal with it and any other wishes you want to survive beyond your lifetime. Amongst other things, a will allows you to:
• Leave individual items, e.g. jewellery or items of sentimental value, to a specific person
• Appoint guardians to care for your children
• Provide for an unmarried partner (not automatically recognised by the law in the same way as a spouse or civil partner)
• Deal with your assets in a tax efficient way
• Make a gift to charity
• Avoid claims being made against your estate by those dependent on you financially, e.g. an ex-spouse
Although it is possible to make a will without the help of a solicitor, it is generally not advisable as there are various legal formalities you need to follow to make sure your will is valid. Without the help of an expert with up to date legal training and experience, there is a real risk you could make a mistake, causing problems for your family and friends after your death. Solicitors are regulated by the Solicitors’ Regulation Authority and are required to keep up to date with any changes in the law and to carry indemnity insurance to protect their clients’ interests.

Types of Will

Single Will

A simple Will is a legal document that sets out what you want to happen to your money, property and possessions when you die, and who you want to carry out those wishes. Without a valid Will, your estate is distributed according to the rules of intestacy. Those rules may not match your wishes: for example, an unmarried partner has no automatic right to inherit, and the division between spouse and children is fixed by law. Intestacy can also mean delay, extra cost and family disputes at an already difficult time.
Having a Will puts you in control. You choose your executors—the people who will obtain the grant of probate, pay your debts and tax, and distribute your estate. You decide who receives specific gifts (such as items or sums of money) and who receives the remainder of your estate. You can also name guardians for any children under 18, and make provision for pets or charities.
We prepare Wills in clear, straightforward language and take time to understand your family situation and your wishes. We can advise on practical points such as who to appoint as executors, what happens if a beneficiary dies before you, and how your Will interacts with pensions and life insurance. Whether your estate is modest or more valuable, a simple Will gives you and your family certainty and peace of mind.

Our fee for a single simple Will is £295 plus VAT.

Mirror Wills

Mirror Wills are two separate Wills—one for you and one for your partner/spouse that are drafted to mirror each other. Typically, each Will leaves the whole estate to the other on the first death, and then to the same beneficiaries (such as children or other family members) on the second death. They are commonly used by married couples and civil partners who want to provide for each other first and then for the same people in the same way.
It is important to understand that each Will is a separate document. Either of you can change or revoke your own Will at any time without the other’s knowledge. So although they are “mirror” Wills, they do not create a binding agreement between you. If your circumstances or wishes change—for example, after separation or if you want to benefit different people—we can advise on updating your Will.
We can draft Mirror Wills that reflect your joint intentions, including who should act as executor, who should inherit after you have both died, and at what age or in what way younger beneficiaries should receive their share. We can also discuss whether life interest trusts or other structures might be useful for care home protection or tax planning, and tailor the Wills accordingly.

Our fee for simple mirror Wills (a global fee – not a fee each) is £445 plus VAT.

Life Interest Trust Wills (Care Home Protection)

When someone needs long-term care in England and Wales, the local authority will carry out a financial assessment to decide how much they must contribute. That assessment usually includes their capital and income. If a surviving spouse or partner inherits the family home outright under a conventional Will, the whole value of the property can be taken into account when they are assessed for care home fees. In some cases, the house may need to be sold to fund care.
A Life Interest Trust Will is one way to plan for this. Instead of leaving your share of the family home outright to your spouse or partner, you leave it on trust. They have a “life interest”: the right to live in the property (or to receive income from it) for the rest of their life. The capital is held by trustees and, on their death, passes to the beneficiaries you have chosen (often your children). Because your spouse or partner does not own the capital, it may not count as their asset for means-testing purposes. Rules and local authority practice can vary, and the law can change, so this type of Will is not a guarantee, but it is a common part of care fee planning for many couples.
We can explain how life interest trusts work, when they may be suitable, and how they fit with your overall estate and care planning. We will draft the Will and the trust provisions in clear terms, and advise on the choice of trustees and what happens if your spouse or partner wants to move house or downsize during their lifetime.
It will be important to check how you hold your property as you would need to hold it on a tenancy in common for this arrangement to work. We can assist with checking and advising on this and can also deal with the severance of your joint tenancy, if needed.

Our fee for Life Interest Trust Wills (a global fee – not a fee for each) is £745 plus VAT.

Discretionary Trust Wills

A Discretionary Trust in your Will does not give any beneficiary a fixed right to the trust fund. Instead, the trustees have discretion to decide who among a defined class of beneficiaries receives what, and when. The trustees must act in good faith, within the terms of the Will and in the best interests of the beneficiaries, but they can take into account each beneficiary’s circumstances, needs, tax position and behaviour at the time they make decisions.
Discretionary trusts are often used where a beneficiary is vulnerable—for example, because of age, disability, addiction or financial inexperience—and you do not want them to receive a large lump sum. The trustees can make payments when needed and protect the capital. They can also be used to spread inheritance over time, to keep assets outside a beneficiary’s estate for inheritance tax, or to provide for a class of people (such as children and grandchildren) without fixing shares in advance.
Setting up a discretionary trust in your Will requires careful drafting. The class of beneficiaries, the powers of the trustees and the length of the trust must be clearly defined. We can advise on whether a discretionary trust is right for you, who to appoint as trustees, and how to express your wishes in a letter of wishes to guide them. We will draft the Will and trust provisions to reflect your aims and the needs of your family.

Inheritance Tax Advice

Inheritance tax (IHT) is charged on the value of your estate when you die and on certain gifts made in the seven years before death. Estates up to the nil-rate band (and any residence nil-rate band you qualify for) are taxed at 0%; above that, the rate is generally 40%. With property prices and pension wealth as they are, more estates are being drawn into IHT, and families can face large tax bills if no planning is done.

Good planning does not mean avoiding tax at all costs—it means understanding how IHT applies to you and making informed choices. We can review your assets, your Will and any lifetime gifts, and explain how the nil-rate band, residence nil-rate band, spouse exemption and other reliefs (such as business or agricultural property relief) might apply. We can advise on the impact of leaving assets to a spouse or civil partner, to children or other beneficiaries, or into trust, and on the rules for gifts made during your life and the seven-year clock.

We work with your existing advisers where helpful and can suggest practical steps—from straightforward Will drafting to trusts, deeds of variation or lifetime gifting—that may reduce or defer IHT while still reflecting your wishes. Whether you are planning ahead or dealing with an estate after a death, we can give you clear, tailored inheritance tax advice.

Deeds of Variation

When someone dies, their Will (or the intestacy rules) determines who is entitled to their estate. Sometimes, those entitled decide they want to redirect all or part of their inheritance to someone else—for example, to another family member, to the next generation, or to a charity. A Deed of Variation (also known as a deed of family arrangement) is the document used to do that. For tax purposes, the variation can be read back into the deceased’s Will or intestacy, so that it is as if the deceased had left the assets to the new beneficiary. This can help with inheritance tax (e.g. by using exemptions or lower rates) or capital gains tax, as well as simply matching the family’s wishes.

To achieve the tax “read-back,” the deed must be made within two years of the death and must meet the requirements set out in the relevant tax legislation. All beneficiaries whose interests are being reduced or given up must agree and be party to the deed. We can advise on whether a deed of variation is suitable, what the tax and legal effects will be, and whether other options (such as a gift by the beneficiary after receiving the inheritance) might be more appropriate.

We draft the deed in clear, legally effective terms and ensure it is properly executed and, where needed, submitted to HMRC or the personal representatives. We can work alongside your accountant or financial adviser so that the variation fits with your overall tax and estate planning.

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