Wills, Trusts and Probate - Living Wills

Wills, Trusts and Probate

The only certain thing about the future is its unpredictability. Our Wills, Trusts and Probate team will help you to plan for the uncertain future.

We have wide ranging expertise across all Wills and trusts and general private client matters, including: 

  • How to make a Will;
  • The benefits of trusts and how to set them up;
  • Probate and estate administration;
  • Powers of Attorney; and
  • Living Wills / Advance Decisions.

We also provide comprehensive advice on care fees and every member of our team is specifically trained to offer dementia friendly advice to people affected by the disease. 

Several of our team, including Henry Anstey, Paddy Appleton, Fiona Prince, John Wright, and Jenny Newell, are also members of Solicitors for the Elderly, an organisation of legal professionals who specialise in providing advice to older and vulnerable people and their families and carers.

For skilled advice across all private client matters, please get in touch with our Wills and probate solicitors by giving us a call at your local branch in Peterborough, Huntingdon, Oundle, or St Neots. Alternatively, please feel free to email us at info@hcsolicitors.co.uk, or fill in our online enquiry form

How can we help?

Wills

Making a Will is the most important thing you can do to ensure your loved ones are protected and provided for after you die. Our Wills lawyers  provide an expert Will making service to help you set out your wishes clearly and precisely in a legally binding document.

We can advise you on: 

  • Leaving money and property to provide for your family’s future;
  • Appointing Executors;
  • Appointing guardians for your children;
  • How to mitigate your tax liabilities;
  • Leaving money to charity;
  • Trusts; and
  • Testamentary Capacity (the mental capacity to make a Will). 

Getting married revokes all previous Wills and moving in together may mean that you want to make a Will to leave your estate to your partner who wouldn't otherwise inherit.

As well as Will drafting, we can help you regularly review your Will to ensure it is still valid and that it reflects your life circumstances.

Advice on Care Fees

Many of us these days are faced with the prospect of paying for care fees towards the end of our lives. We can help you  plan for this eventuality by considering all the options and protecting your assets against nursing home fees. We can also help to claim assistance from the NHS if you need nursing care.

Henry Anstey discussing advice on care fees

Here is Henry Anstey, Partner and Solicitor in the Wills, Trusts & Probate team in an interview on Huntingdon Community Radio discussing the provision of care fees and how to plan for the future. To listen just press the play button below.

 

Trusts 

You can use trusts to preserve your wealth and control how it is passed on to your loved ones.

Having children is a huge responsibility and you will benefit from the peace of mind that comes from having made a Will (which can include trusts) to ensure that they are cared for in the event of anything happening to you. We can advise you how to plan for the effects of capital taxes and protect your children or other vulnerable beneficiaries in the event of your death.

Our trust solicitors can help you set up trusts in the following areas : 

  • Provide for children under 18 during your lifetime or after you die;
  • Provide for loved ones who lack mental capacity;
  • Set conditions to your beneficiaries’ inheritance;
  • Reduce the value of your estate to minimise Inheritance Tax (trusts have their own tax implications so it is important to obtain financial advice);
  • Set aside money for your future long-term care; and
  • Ringfence assets, for example, to preserve some of the family home if it needs to be sold to pay for care. 

We can also provide detailed advice on the duties of trustees and beneficiaries’ entitlements under trusts. 

Probate

The death of a loved one is never easy. So, when they have entrusted you to obtain probate and administer their estate for them,  it is understandable  that you may feel overwhelmed.

Our probate solicitors can help reduce the burden on you by handling the entire estate administration process on your behalf and relieving you of the need for endless form filling and helping you to make any changes necessary to mitigate your tax liabilities.

Our expertise includes: 

  • Applying for the grant of representation (grant of probate where the deceased left a valid Will or letters of administration where there is no valid Will);
  • Obtaining a valuation of the estate;
  • Collecting financial information;
  • Paying off debts and handling expenses such as funeral costs;
  • Calculating and paying tax, including Income Tax, Capital Gains Tax, and Inheritance Tax;
  • Distributing inheritance amongst the beneficiaries; and
  • Addressing inheritance and Will disputes.

Lasting Powers of Attorney

At some point in our lives, any of us can be temporarily or permanently unable to manage our finances or care. Drawing up a Lasting Power of Attorney (LPA) can make sure that your wishes are carried out whatever happens to you. Taking advice on preparing an LPA can help to protect your property for your family. 

Our expertise includes: 

  • Property and Financial Affairs Powers of Attorney; and
  • Health and Welfare Powers of Attorney.

Enduring Powers of Attorney

We can provide advice to people appointed as Attorneys under Enduring Powers of Attorney (EPAs). Only EPAs made before 1 October 2007 can be used so we will provide advice about the document’s validity as well as:

  • Registering the EPA once the Donor has lost their mental capacity;
  • Advising on the scope of the EPA;
  • Advising on fulfilling the roles and responsibilities of an Attorney; and
  • Addressing any disputes about the validity or registration of the EPA.  

Advance Decisions / Living Wills

A Living Will is not a Will at all. It is a signed and witnessed statement of your wishes concerning medical treatment if your condition prevents you from being able to communicate with doctors. 

If you lose your mental capacity in the future and cannot refuse medical treatment, your Living Will clearly sets out your wishes (including any wish to refuse lifesaving treatment) saving your loved ones from having to make distressing decisions on your behalf. 

Another name for a Living Will is an 'Advanced Directive' or ‘Advance Decision’.

Dementia Friendly

All our Wills, Trusts & Probate lawyers have attended and completed Dementia Friendly training. During the training  they  learnt more about people living with dementia, helping them to understand and provide a dementia friendly environment when visiting Hunt & Coombs Solicitors.

Contact

For further information on how our Wills Trusts & Probate team can help you or your family please call:

Peterborough 01733 882800

Huntingdon    01480 411224

Oundle            01832 273506

St Neots          01480 702207

Or email the Wills, Trusts & Probate team at info@hcsolicitors.co.uk. If you would like a specific office to contact you, please request the location in your email.

Tier 1 rated Private Client firm in Peterborough (Legal 500 2020 (Personal Tax, Trusts and Probate))

Legal 500 Top Tier Firm 2020

 Chambers 2018

Hunt & Coombs’ Private Client team have been rated Tier 1 in Peterborough for Personal Tax, Trusts and Probate ranked by The Legal 500 2020 and Band 1 in Chambers UK 2018 for their Private Wealth legal work on behalf of families and individuals. Chambers UK and The Legal 500 are prestigious, independent and objective directories of the legal profession.

  • 'The practice at Hunt & Coombs LLP excels in tax planning and will preparation for high-net-worth individuals and families, as well as winding up estates of all sizes and degrees of complexity.' Legal 500 2020
  • "The team is a joy to work with as it is both friendly and helpful. Most importantly the level of genuine expertise within the team is incredible." Legal 500 2020
  • 'They are very approachable and friendly, have a good knowledge of things that are important, and are good at sharing the knowledge amongst their team.' Legal 500 2020
  • "They've always been professional and supportive for clients we have introduced, and clients introduced to them have always spoken highly of the lawyers," Chambers HNW 2020
  • "Solid, reliable and very traditional firm". Legal 500 2019
  • 'Members of the team are praised for their "expertise in their field" and for their "depth of experience and capacity to handle most matters."' Chambers HNW 2018

Further Information on our services

Accreditations

We are accredited in a number of areas to provide you with the confidence that you will receive the highest quality legal advice and service.

Please click on the link below for further information on:

Contact

For further information on how our Wills Trusts & Probate team can help you or your family please call:

Peterborough 01733 882800

Huntingdon    01480 411224

Oundle            01832 273506

St Neots          01480 702207

Or email the Wills, Trusts & Probate team at info@hcsolicitors.co.uk. If you would like a specific office to contact you, please request the location in your email.

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