At ONP Solicitors we’re here to look after your interests at every stage of your life. Our experts can help you create a will or plan for future incapacity to protect your loved ones. Our wills and probate team, led by Edith Longden, a solicitor with over 30 years of experience, offers professional, practical advice with a friendly, client-focused approach.

Why do I need a will?

Creating a will ensures your estate is handled according to your wishes. This provides peace of mind by clearly specifying who will receive your assets after your passing.

Having a will allows you to:

• Make Gifts of Specific Items. Give assets or personal belongings to family members, friends, or other beneficiaries.
• Choose Executors. Appoint individuals or professionals to manage and distribute your estate.
• Mitigate Tax. Implement inheritance tax planning strategies to potentially reduce the tax burden on your estate.
• Create Trusts. Set up trusts to protect and manage assets for vulnerable relatives or minors.
• Make Gifts to Charities. Allocate a portion of your estate to charitable organisations you wish to support.
• Express Funeral Wishes. Specify your preferences for funeral arrangements.
• Prevent Family Disputes. Provide clear instructions to minimise potential conflicts and ensure your wishes are followed.
• Appoint Guardians. Designate guardians for your children to ensure they are cared for by someone you trust in the event of your passing.

Without a will, the intestacy rules will apply. Intestacy rules decide how your estate is distributed among relatives, and the result may not align with your wishes.

We can advise you on all aspects of your will. We’ll explain everything in plain English with no legal jargon. You must revisit your will if your circumstances change, such as getting married, divorced, or having children.

What is probate?

Probate is the legal process through which a deceased person’s estate is administered and distributed. It means checking if the deceased’s will is valid, choosing executors, and handling the estate’s assets and debts.

Carrying out probate can be a challenging task, but our experienced team will handle the entire process with care and efficiency.

There are several steps to follow which we can help with:

• Validating the Will. If the deceased left a will, probate confirms its validity. This may involve getting a ‘Grant of Probate,’ a legal document from the court that allows executors to manage and distribute the estate. This needs to be obtained before you can deal with any assets in the estate.
• Appointing Executors. The will typically names one or more executors who are responsible for managing the estate. If there is no will, or the executors cannot act, the court will appoint administrators to manage the estate.
• Estate Administration. Executors or administrators must collect and value the deceased’s assets, pay debts and taxes, and handle any claims or disputes.
• Distribution of Assets. After settling debts, taxes, and expenses, the remaining assets are distributed based on the will or intestacy rules.
• Tax Matters. We can assist in preparing Inland Revenue accounts for any tax that may be payable by the Estate. We can assist in sorting out assets, in particular where property is involved.
• Resolving Disputes. In some cases, probate may involve resolving disputes between beneficiaries or addressing challenges to the validity of the will.

When the deceased has not made a will, obtaining Letters of Administration is necessary to manage their estate. We can help with the application process and guide you on who is entitled to the estate under Intestacy Rules. Our expertise ensures that the administration of the estate is handled efficiently and in accordance with legal requirements.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a UK legal document that lets you appoint someone to make decisions for you if you’re unable to due to illness or incapacity.

With an aging population, people are increasingly aware of conditions like Alzheimer’s, dementia, and strokes that can lead to loss of capacity. A Lasting Power of Attorney (LPA) allows you to influence future care and specify desired or unwanted medical treatments.

There are two types of LPA:

• Property and Financial Affairs LPA. This gives your chosen attorney the authority to deal with your finances and property.
• Personal Welfare LPA. This allows them to make decisions relating to your health care, welfare, and in some cases end of life treatment.

Lasting Powers of Attorney (LPA) came into effect on 1st October 2007, replacing the previous Enduring Powers of Attorney (EPA). While EPAs created before this date remain valid, LPAs marked a major shift in decision-making for those who may lack capacity. LPAs provide a flexible framework, letting individuals appoint trusted people to manage finances and personal welfare, ensuring their wishes and needs are met.

The person making the LPA will often appoint a family member or friend to be responsible for making decisions for them in the future. It is possible to appoint one person to act, or to name more than one person and specify different areas that each can make decisions about. It is also possible to specify that decisions should be made jointly by both attorneys.

What happens if I don’t have a lasting power of attorney?

If someone can’t make decisions and lacks a Lasting Power of Attorney, the Public Guardianship Office and Court of Protection will step in, as per the Mental Capacity Act 2005. They will appoint a Deputy to make decisions for that person, ensuring their needs are taken care of.

Our experienced Court of Protection solicitors can help with court applications, including appointing Deputies, creating statutory wills, and obtaining property sale orders. We also support Deputies with their duties, including preparing annual accounts and income tax returns.

What is a Declaration of Trust?

A Declaration of Trust is a legal document that details property or asset ownership, including how it’s held and who has rights to it.

Our Declaration of Trust team is headed by Jill Stackhouse, a Chartered Legal Executive, and Fellow of Cilex. Jill and her team can assist in creating agreements between parties to define their beneficial interest in a property.

We can draft a Declaration of Trust for you for a fixed fee of £295 +VAT. For example, if you and your partner are buying a property with different contributions, or adding someone to the title, a Declaration of Trust can clarify each person’s financial contribution and ownership share. This helps protect everyone’s interests and prevents potential disputes down the line. It’s a useful tool for ensuring that all parties understand their rights and responsibilities regarding the property.

Why choose ONP Solicitors?

When you come to us for help, we’ll always talk to you in straightforward terms so you can be confident that you’ll understand exactly what we are advising.

Our personal and sympathetic approach responds directly to your needs and concerns. We ensure our staff are well-supported and supervised, so the quality of advice remains consistent, no matter who handles your case. 

Our fees are highly competitive and offer good value for the work we will do for you and the service we will provide to you.