Wills, Trusts & Estates

When you need to make a will, deal with probate, set up a trust or start inheritance tax planning, our dedicated team is fully equipped to address your requirements.  Alternatively, if you are thinking ahead and wish to make a Lasting Power of Attorney or discuss community care issues we are on hand to help.

The range of expertise and experience within our department allows us to be in an unrivalled position on Wirral, offering a wide range of services to clients old and new. We have members of Solicitors for the Elderly and the Law Society Probate Section within our team, reinforcing the high level of specialist knowledge in this sector.

As we have a well established practice, we have a large number of existing clients who return to us. In addition to this many new clients are recommended to us by satisfied clients or other professional advisors and associations.

By keeping pace with developments in this complex area of law, the team is able to provide up to date advice on:

  • Wills
  • Estate administration
  • Inheritance tax planning
  • Trusts
  • Lasting Powers of Attorney
  • Community Care issues

Wills

Making a will is something that everybody should do. We realise that you need to be given all the necessary information and alternatives to enable you to make an informed decision about the contents of your will, and any tax or other implications that may flow from it. Our team of lawyers can help you with this. Solicitors are available at all of our offices to help you through the process.

Regardless of the nature of your estate, we will ensure that your wishes to see it go to the right people, at the right time are fulfilled by making a valid will and appointing executors, guardians and specified beneficiaries.

If your estate involves complicated family or business circumstances, we will work with you to navigate through the taxation minefield, discussing alternative strategies that can be employed within your will to mitigate taxation upon your estate after your death, to maximise the amount passing to your chosen beneficiaries.

The following may be included in wills to achieve the above:

  • Discretionary trusts including loan clause
  • Life interest trusts
  • Protected trusts
  • Conditional gifts

There are many other clauses that can be included depending upon your particular circumstances.

Our link with other departments in the firm allows us to obtain advice on aspects that may impact upon your will e.g., family circumstances such as ongoing maintenance payments or business matters such as the split of, or classification of family shares for inheritance tax purposes. We also work closely with accountants, and financial advisors if necessary to ensure that our advice ´fits´ with that from other professional sources.

We are also able to advise on the preparation of living wills.

Administration of estates

Administering the estate of a loved one can be a large responsibility. We can assist you to the degree that you wish, with the administration of an estate, if you are the personal representative (either the executor named in the will, if there is one; or the next of kin, if there is not). There is a strict legal framework of the next of kin, which must be adhered to when administering an estate.

We will advise upon the general procedure necessary in the administration, obtaining the grant of representation from the Probate Registry and the administration of the estate, or alternatively, provide the personal representative (the executor or next of kin) with an estimate at the outset for dealing with all of the above together with dealing with the receipt of funds, payment of bills and payment of beneficiaries (legatees and residuary beneficiaries), along with all other associated requirements, depending upon the individual circumstances. The estimate given at the outset will be reviewed as matters progress in case any problems or difficulties arise that may alter it.

We deal with the administration of estates of all shapes and sizes: allotment owners; company secretaries; business people;

Our dedicated Wills, Trusts and Estates team are always available to answer queries or give updates on progress to clients as necessary. We do our best to speak and write in plain English and avoid legal jargon. Our commercial and residential property teams allow us to smoothly deal with any property that is to be sold, dealing with all aspects under one roof, with the minimum of disruption to you. The net sale proceeds can be transferred to be held within the estate.

At the conclusion of the matter, estate accounts will be produced showing details of all funds received and paid out and the amount(s) available to the beneficiaries.

Within the administration of an estate these are some of the main points:

  • Valuing all assets
  • Preparation of Inland Revenue account (if IHT payable)
  • Preparation of papers leading to the grant
  • Swearing of papers by personal representative
  • Lodging of papers with probate registry
  • Receiving grant and lodging with all asset holders
  • Receiving funds/transferring assets
  • Paying liabilities

Probate Disputes

We have specialist knowledge and experience in this area of law. Probate disputes include matters such as challenging the validity of wills or transfers of property; claims under the Inheritance (Provision for Family and Dependants Act) 1975 for provision from a deceased´s estate. Who should administer a deceased´s estate and how to deal with related claims can often involve difficult and sensitive issues.

We can advise you on all of these matters and are committed to doing so in a helpful understanding and approachable way recognising the sensitive nature of such cases. We will always try to help you to find workable solutions to what can, sometimes, seem like intractable problems in dealing with estate administration and related claims.

Should you require advice in this area, please contact Veronica Howley (vth@lees.co.uk).

Legal Services for Older Clients

At Lees Solicitors we have a team of lawyers with a broad base of experience in advising on legal issues that affect older clients.  These lawyers are located across our three offices. As a firm we ensure that we are up to date with all the relevant changes and breakthroughs in this ever expanding area of the law.

It is important that we act in our clients’ best interests and ensure that we are receiving instructions from them direct about matters.  Older clients deserve the same amount of respect and attention as any other client, if not more.  There will normally be one point of contact for the client to ensure consistency.

Legal services for older clients covers a wide range of legal issues.  It is vital to use solicitors that have the relevant specialities and experience to know the up to date legislation and guidance on these topical and ever evolving issues.

These are the main topics that we are asked to advise upon:

  • Estate planning using wills, trusts and lifetime giving
  • Powers of attorney
  • Court of Protection
  • Probate and the administration of estates
  • Trust administration
  • Tax Planning
  • Living wills
  • The provision of home care
  • Preserving assets in the event of long term residential or nursing care
  • Residential and nursing home contracts
  • Advice on financial responsibility and funding for long-term care
  • State retirement and widows pensions
  • Long-term care insurance policies
  • Welfare benefits
  • Home equity release plans
  • Mental Health legislation

Individuals of our team are members of Solicitors for the Elderly, showing that they have the relevant expertise to be recognised in this way.

We are happy to make visits to clients at their own homes, residential or nursing homes or hospital if required.

The links we have with other specialist departments within the firm ensure that any related legal issues can be dealt with by Lees in a speedy and efficient manner.

Our Wills, Trusts & Estates team are happy to make visits to you at your home or in other settings if required. We provide a professional, friendly and personal legal service that is tailored to your specific needs.