Wills, Succession Planning and Trusts

Your Will is a legal document of supreme importance to you.  We will understand quickly your motives and desires for succession to your estate and will give clear and robust advice on the options open to you to achieve your objectives effectively. We know how to minimise the risk of a claim being made against your estate and are alert to the different dynamics within families.

We are quick to respond and to prepare documentation but we won’t rush you into making a decision; 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.

If you have assets in multiple jurisdictions and complex business structures, high value real estate or other assets, we can give appropriate advice or liaise with other professional advisers when appropriate. We understand the need to dovetail UK succession planning with laws in other countries, with shareholder or partnership agreements where there are business or farming assets, and give expert advice on tax implications and structuring your Will tax-efficiently.

We are often called upon to advise on the creation, administration and interpretation of trusts and their associated tax issues and we act on behalf of settlors, trustees and beneficiaries. We match our keen academic knowledge of trust law with experience in finding practical solutions against a complicated conceptual background.

Our specialist team deals with the administration of a deceased's estate.  We know that the death of a family member puts practical, financial and emotional stress on those left behind but we understand how to address the practicalities and realities in a way that gives confidence and a degree of peace of mind.

It continues to surprise us how many people in the UK pass away without making a valid Will. So many people wrongly assume that if you are married or living with a long term partner, everything will go to them automatically on death. However, this is not the case if there are children or if you are not legally married.  The intestacy rules (which come into play if no Will is left) rarely achieve a desired result. The rules are necessarily a “one size fits all” solution with the result that rarely matches individual wishes. Failure to make a Will exposes those left behind to otherwise avoidable tax implications and financial worry.

As you would expect, our advice is that anyone who has assets, and cares about what happens to those assets on death, should make a Will, but there are certain circumstances where it’s more important than ever to make or review 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, Succession Planning and Trusts Insights

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Blogs

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

Dealing with costs in trusts and probate proceedings - Part 1: liability for trustees

Capacity on the cobbles, Coronation Street’s inheritance dispute storyline

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

Providing for your disabled child in a Will

Mysteries of Death – The Whereabouts of Wills and Assets

Inheritance Rights of Stepchildren

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

Brexit et domicile : ressortissants européens – exercez votre choix avant que le gouvernement ne le fasse à votre place

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

Death, Dubai and registering Wills in English through the DIFC

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?

Wills by WhatsApp?

Posthumous marriages and the importance of making a will

Wills and inheritance: 10 Cross-border Tips

The difficulties (but not impossibility) of challenging wills prepared by solicitors

The residence nil rate band - do I qualify and should I change my Will?

Contesting a forged or fraudulent will

Probate Fees; Take a Hike … a new inheritance tax by stealth?

Death in the Digital Age

Why you should appoint a guardian in your Will

Dubai leads the world in avoiding disputed Wills

Next of Kin: No such thing

What will your legacy look like? Including a Charity in your Will

Did "Fifth Beatle" know his Will would cause family rift?

Expats in the UAE – Sun, Sea, Sand & Wills?

Disputed wills and mental capacity

What happens to a divorce settlement if a spouse dies during or after divorce proceedings?

Practical advice for avoiding potential inheritance disputes

Debts and Death

Laugh after Death

Where there’s a surrogacy arrangement, there’s a Will

The EU Succession Regulation and a Brexit

The death of a child without a will — is it time to change the law?

Wills, gifts and inheritance tax planning for Attorneys and Deputies

Severing a joint tenancy may be easier than you think

Lord Lucan’s legacy and the Presumption of Death Act 2013

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+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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