Wills

Deciding to draw up a Will may seem daunting but failing to do so leaves the future uncertain for your family and loved ones. Dying without a Will (known as being “Intestate”), means your assets will be distributed according to a fixed set of legal rules which may not correspond with your wishes.

Allowing an existing Will to become out of date can also result in difficulties for your intended beneficiaries. Modern family life is ever more complicated and significant family events such as marriage and divorce along with births and deaths can have profound implications for your Will.

You may need advice as to which assets form part of your estate and are dealt with by your Will, and those which are not. Most but not all jointly owned assets are not dealt with by your will. Pensions and Life Assurance benefits may have separate documents directing what is to happen to them.

AWB Charlesworth Solicitors appreciate all these complex issues that you should consider in drawing up a Will and can assist you in this process. We listen to your wishes and concerns and make sure that your Will is drafted clearly, covering all the important issues.

We can recommend Trusts as a means of reducing the burden of Inheritance Tax and advise on other issues which can cause problems for your family and friends.

Once a Will is drawn up we will safely store it for you and strongly recommend that it be reviewed periodically to respond to both changes in your circumstances and the law.

For help in making a new Will or reviewing an existing one, please contact:
 

Probate & Estate Administration

At a time when you already suffering from the loss of someone close, you may also be faced with trying to sort out their financial affairs. AWB Charlesworth Solicitors will help share this burden, offering a combination of sensitive practical support and professional expertise.

We can assist with, or obtain on your behalf, a Grant of Probate when a Will has been left. We advise upon the steps to be taken once Probate has been obtained to ensure that the administration of the estate is conducted correctly and the beneficiaries receive their due entitlement. In that way the duties of the Executor have been fully discharged.

Where there is no Will and a person dies intestate, we can assist with, or obtain on your behalf, a Grant of Letters of Administration. In situations like this there are rules that govern who benefits and in what amounts. We can assist the person who has obtained the Grant of Letters of Administration, known as the Administrator, to identify and locate the beneficiaries. We can also advise upon the steps to be taken to ensure that no personal liability is placed upon the Administrator. In these ways the estate can be safely distributed and the Administrator duly discharged.

In some situations disputes arise following someone’s death. The Will may be missing, the validity of the Will may be questioned, the Executors may disagree between themselves, the beneficiaries may be unhappy with the way the estate is being dealt with – there are a variety of different scenarios. We can advise and act on your behalf where necessary – ultimately to the point where court proceedings are involved if there is no alternative. We have staff who specialise in this area, so if you find yourself involved with a Contentious Probate & Trust matter we can help.
 

Inheritance Tax

Inheritance Tax & Asset Preservation

Once only a concern for the wealthy, nowadays Inheritance Tax is an issue which potentially affects most people and their beneficiaries. Often people hope to be in a position to help their family and share the assets they have accumulated, yet tax and other charges will often reduce the amount that will be available.

AWB Charlesworth Solicitors are able to show how, with careful planning, the amount lost to Inheritance Tax and other charges can be reduced. This may be achieved by the way in which your Will is written. You may also be able to transfer assets in your lifetime, possibly using Trusts. Having reviewed your circumstances we will advise upon the most appropriate course of action for you to follow.

Paying for the cost of residential care is another potential expense to consider. This is a complex area where we can advise on sensible precautions to take.

For help and advice with all matters relating to inheritance tax and the preservation of wealth, please contact:
 

Contentious probate

AWB Charlesworth Solicitors offer assistance and advice should a dispute arise in relation to an inheritance or the administration of a trust.

We can advise executors, trustees and beneficiaries (including charities) if they become party to a dispute or require advice about their position in relation to a particular trust or estate, also considering wider issues such as taxation.

Our aim is to assist in the resolution of disputes of this nature, most of which involve disputes amongst family members, in a non-adversarial way. There are alternatives to court proceedings and we make sure that these are considered and explored as a real alternative. When relatives are in dispute, we recommend resolving the dispute without court proceedings to preserve relationships wherever possible. If court measures prove to be unavoidable we are able to assist with those proceedings.

For help and advice with all matters relating to Contentious Trust & Probate please contact: