Expert Estate Planning

Whilst a lot of people feel that their affairs are quite simple and, on death, everything could be distributed quickly and simply, it's not always as straightforward as it seems. ​ A Will allows you to nominate people (known as executors) to carry out your wishes. Without a Will, and no legal nomination, the person responsible for distributing your assets must apply for a "grant of letters of administration" to have the legal authority to deal with your estate. This process is costly and time consuming at a time that can already be very stressful. A Will nominates this person ahead of time to avoid unnecessary stress. The wishes noted in your Will are legally binding, meaning that your nominated executor(s) must follow these wishes and ensure your assets are passed to the people stated in your Will. Without a Will, the people carrying out your estate distribution are not legally bound to pass your assets to the people you wanted them to. There are also specific laws that determine how estates without a valid Will are distributed, which may be different to your own wishes.

Whilst it is totally possible to write your own document that details what happens to your own assets on death, there are countless elements that can invalidate a Will and make it legally void, meaning those that carry out the Will don't legally have to follow your wishes. Having a Will written by a professional ensures these elements are properly adhered to and it puts the onus of any mistakes onto the professional, should the Will become void for any reason. The idea of companies and charities offering "free" Wills must also be taken with a pinch of salt. Whilst some solicitors offer free Will writing services, they usually insist that you note them in the Will as "professional executors" (i.e. they carry out the wishes of your Will on death, usually at probate). This means that whatever fee they don't charge you for the will-writing service will likely be recovered with any fees charged at point of probate. With charities, they will usually only offer a free will-writing service if you name them as a beneficiary in your Will, meaning they will get a proportion of your estate on death to recover their costs, or in exchange for a charity donation when the Will is written. Although I charge a fee for my Will advice & arrangement services, this is a one-off fee and I don't recover any charges further down the line. As a Will adviser, I also discuss your requirements and queries with you at length and provide recommendations as to what to include in your Will that might otherwise have been missed. I don't just provide a template for you to fill out as most free/low cost Will writers do.

Spouses, partners or family members don't have an immediate right to be able to manage your affairs on your behalf. Most institutions (such as banks or GPs) must have permission from the individual whose affairs are being managed and that individual must have mental capacity to give permission. ​ If you lose mental capacity, in most circumstances, someone must apply for "deputyship" through the courts to manage your affairs. This process is very time consuming and costly. Not only does the application for deputyship come with significant fees, there is an ongoing "supervision fee" which must be paid annually in order to remain a deputy. Lasting Powers of Attorney only consist of a one-off set up and registration cost; there are no ongoing fees

It takes 4-5 weeks on average from initial instructions to completing the legal document. Wills can be signed and completed straight away on completion of the legal document. For Will Trusts where property is involved, the Will and Trust set up is complete at this point, but any Land Registry changes/updates will continue to process in the background and can take between 10-18 months. Once the legal documentation for LPAs are complete, they must then be submitted for registration with the Office of the Public Guardian (OPG). This process takes between 10 and 16 weeks.

I initially offer a free consultation in person, over the phone or via video call so we can get to know each other, discuss your current circumstances and needs and determine the right product for you. If you'd like to proceed with my services, we will then arrange an "instruction meeting" to start collecting your personal information and requirements. Once the forms are completed and signed, they're sent to my nominated legal company, APS Legal, who draft the official legal documentation. I do all the liaising with APS Legal, so you will only receive correspondence from myself.  APS Legal will then create draft copies of the documentation, which will be sent to me to check through. You're welcome to make further changes to your wishes at this point at no further cost. Once you're happy with the draft documents, APS will print and post them, at which point we will arrange a meeting to have the documents signed. Wills are completed at this point. Trusts involving property will have some remaining forms that will need to be submitted to Land Registry. LPAs will need to be submitted to the Office of the Public Guardian for registration.