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Wills and Lasting Powers of Attorney (LPA)

A Will is a legal document of supreme importance and should be something that we all have.
 

It is a fundamental document for anyone who values control and certainty in the succession of assets, and is essential for anyone engaging in estate planning.

We will understand quickly your motives and desires for the succession to your estate and will give clear and robust advice on the options open to you to achieve your objectives effectively.

We concentrate on the wishes of the client and provide bespoke solutions, making recommendations where appropriate utilising the benefit of our experience.

Lasting Powers of Attorney (LPAs)

Whenever clients make a Will with us, we will always encourage them to consider making Lasting Powers of Attorney to plan for the management of their affairs in the event that they are unable to make decisions themselves in future.

In many ways, the thinking required for making LPAs replicates the processes involved in making a Will, and so the two are often best dealt with together.

 

Frequently Asked Questions
 

Why should I make a Will?

Contrary to popular belief, your whole estate does not pass automatically to your husband, wife or civil partner. Furthermore, unmarried, cohabiting partners can be surprised to find that there is no such thing as a ‘common law spouse’. If you are not married then under the intestacy rules your partner would receive nothing.

A suitably drafted Will has other advantages. It makes the process of administering your estate much easier. You can also exercise control over who is responsible for doing this.

A Will can also be an effective inheritance tax planning tool, as well as providing a degree of protection in the event that you die with young children or have any concerns about spendthrift beneficiaries, bankruptcy or divorce.

For further information, please read our factsheet here.

 

Why should I make my Will with Kingsley Napley?

We regularly deal with complex and high value estates across multiple jurisdictions, and our highly experienced team can provide expert advice to ensure your loved ones will benefit from your wealth long into the future.

We often work with other advisors to ensure we take a holistic approach to your specific circumstances, and understand the unique challenges posed by complexities such as shareholder or partnership agreements, and business or farming assets. So you can be reassured that your estate will be passed on in the way that you would like.

 

What should I expect when making a Will?

We are quick to respond and to prepare documentation but we won’t rush you into making a decision, or push you in a particular direction. We will guide you through the decision-making process although it is not unusual to ask some unexpected questions. We are good at listening and deal promptly with concerns and queries. Our efficient but personal approach means that your experience with us will be a positive one.

 

Where should I keep my Will?

You should keep the Will in a safe place where it will not be available for others to read. If kept at home a locked, fireproof safe will be the best place, provided that it can be accessed in the event of your death. As many people do not have such a safe, they choose to keep their Will and other original documents with our safe storage provider. This is available to all our clients and we do not charge for holding Wills. They are held to your order and can be retrieved at any point. We will also provide you with high quality scanned copies of your documents.

 

Can anyone make a Will?

Anyone can make a Will, provided he / she has the capacity to do so. 

 

When is the best time to make my first Will?

There is no correct time. However, common triggers are typically when you buy a first home, marry, have a first child or receive an inheritance.

 

When should I review my Will?

The following events are good times to review and update your Will:

  • A change of marital status - including divorce and separation
  • Having children, step-children or grandchildren
  • Substantial change in financial circumstances
  • Buying or selling a property or a business
  • Residence and domicile changes
  • The death of a close relative or someone mentioned in a Will
  • Please don’t put off talking to us about making a Will; the result should prove to be peace of mind for you - and financial certainty for your family.

 

Wills and Lasting Powers of Attorney (LPA) Insights

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Intestacy: increase in the statutory legacy

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The challenges for intended parents and surrogacy arrangements during the coronavirus crisis

Buying a house: the pitfalls for unmarried same-sex couples

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Probate: heritage assets - could your artwork or antiques pay the inheritance tax bill?

Probate: unoccupied property – do I need house insurance?

A reminder on costs in the context of probate litigation and the importance of mediation

Who died first? Judgment handed down in Scarle v Scarle

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Who died first? When the date of death matters

Probate fees: the uncertainty continues

Probate fees: Brexit brings some good news (for now)

New Year’s resolutions for unmarried couples: make Wills, get married, better still, do both?

10 good reasons why you should make a Will in your 20s

Abuse of Power of Attorney: Safeguarding against the increasing threat

Don’t take your parent’s word for it, it may not be worth its weight in gold (or property)

Dealing with costs in trusts and probate proceedings – Part 2: exceptions to the general rule in probate claims

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Personal possessions and death

Holiday home/Retirement planning: will Brexit wreck it?

Will my children steal my money when I'm old?

Interpreting an ambiguous Will clause and intentions of the testator (Tish and others v Olley and others)

Sign on the dotted line… Does a will need a witness’ signature to be valid?

Knowledge approval claim fails because the circumstances surrounding the will were not suspicious

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Mysteries of Death – The Whereabouts of Wills and Assets

Inheritance Rights of Stepchildren

The post-death data mistake you don't want to make

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A renaissance for mutual wills?

IHT and CGT - uncomfortable bedfellows? Don’t overlook possible Capital Gains Tax exposure in your Inheritance Tax Planning

How to ensure your funeral wishes are respected

As an attorney, do I have access to an incapacitated person’s Will?

Choosing executors for your will – pro or no?

Digital Wills in Dubai

Wills, probate and inheritance: 7 English and French tips

Homemade wills and deathbed gifts – are they easier to challenge?

Are trusts a "tax loophole" exploited by the wealthy?

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Posthumous marriages and the importance of making a will

Wills and inheritance: 10 Cross-border Tips

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