Protecting your future

Whether you are preparing for the future or are in the process of administering a loved one’s estate, Smith Partnership’s team of expert solicitors offers a range of legal services covering all aspects of wills and probate.

No matter how complex your finances, business affairs or family matters may be, we offer practical, jargon-free legal support that helps you overcome any challenges relating to wills and inheritance. Offering expert guidance along the way, our team focuses on giving you the resources you need to protect your assets. 

Contact us to find out what we can do for you.

Our services

As one of the East Midlands’ leading law firms, we provide an extensive range of will services tailored to the specific needs of your affairs. These services include:

  • Will writing
  • Estate administration
  • Grant of Probate advice
  • Inheritance Tax planning
  • Advising executors
  • Preparation of Lasting Powers of Attorney (LPA)
  • Support and advice on trusts
  • Advice on lifetime gifts and transferring equity
  • Deputyships and Court of Protection
  • Declarations of trust
  • Advice on care home funding
  • Living wills
  • Advice on contentious probate, inheritance disputes and contesting wills

If you’re in need of legal guidance in any of these areas or would like to speak to one of our experts regarding any other aspect of wills and inheritance, contact our team today.

Will writing

Drafting a will is an incredibly important part of the process in ensuring your wishes are carried out following your death. If you pass away without having left a will, your estate will be dealt with irrespective of your wishes and in a way that is defined by the law.

A will also plays a crucial role in ensuring the loved ones you leave behind are adequately provided for and our will and inheritance solicitors regularly assist clients in doing just that. Offering a dedicated will writing service, we offer the legal guidance needed to safeguard your finances, property and other assets for future generations.

Estate Administration

Ensuring a loved one’s estate is administered according to their wishes can be a stressful task. From making the necessary arrangements for proving the will through a Grant of Probate application to the added complications of Inheritance Tax and potential disputes, many executors choose to enlist the help of a legal expert to support them throughout the process.

Our wills and inheritance team can advise you on a wide range of legal challenges relating to estate administration. From advising on executors’ responsibilities and probate fees to applying for the Grant of Representation and dealing with cross-jurisdictional issues, you can rest assured that our experts are with you every step of the way.

Inheritance Tax Planning

Inheritance Tax planning can go a long way in maximising the value of the assets you pass on. This is especially the case if the value of your estate exceeds the Inheritance Tax threshold.

There are many ways of ensuring your estate is dealt with in a tax-efficient manner. From considering the tax implications of your will to arranging lifetime gifts and setting up trusts, the rules and procedures surrounding Inheritance Tax can be complex.

We regularly advise families on the benefits of family trust funds, including how to safeguard assets from Inheritance Tax liability and third-party claims and protecting your home from care fees.  

At Smith Partnership, we’re proud to have helped all manner of clients get the most out of their hard-earned assets – and our specialist team can help you do the same.

Deeds of Variation

If circumstances are such that a will does not provide optimal provision for those involved, a Deed of Variation allows beneficiaries to make alterations to the way the estate is distributed.

Beneficiaries can have many different reasons for drafting a Deed of Variation. Common examples include redirecting assets into trust to protect a more vulnerable beneficiary or maximising the estate’s efficiency with regards to Inheritance Tax.

There are a number of legal requirements surrounding Deeds of Variation, and our solicitors regularly advise clients on the most suitable course of action for them. Whatever the circumstances may be, our lawyers can help make sure that the estate provides maximum provision to those who need it.

Lasting Powers of Attorney (LPA)

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust as an attorney to make decisions on your behalf when you are no longer able to make them for yourself.

Depending on the type of LPA, these decisions can be both personal and financial in nature. For example, an LPA could relate to your healthcare or the way in which your property and affairs are managed.

Anyone aged 18 or over with the capacity to do so can make an LPA appointing one or more attorneys to make decisions on their behalf. An LPA can be drawn up at any time while you have capacity, but it has no legal standing until it is registered with the Office of the Public Guardian.

At Smith Partnership, our experts have extensive experience in drafting LPAs. Our role is to ensure your wishes are carried out in whichever way you see fit, so feel free to get in touch with us today.

Living Wills

A Living Will is a form of legal documentation that enables you to specify your wishes regarding your future healthcare. Friends, family and healthcare professionals can reference a Living Will if circumstances mean you are unable to communicate your wishes at the time.

In many cases, a Living Will is used to communicate a person’s acceptance or refusal of medical care under certain conditions, which may include life support and CPR. As such, Living Wills play an important role in allowing individuals to exercise influence over their medical treatment.

Helping clients address the legal aspects associated with drafting a Living Will, Smith Partnership offers expert legal advice whenever they need it most.

What Makes Us Different?

At Smith Partnership, we don’t believe in a one-size-fits-all approach. Drawing on our expert knowledge and decades’ worth of practical experience, we take the time to listen and provide an answer to the specific issues you’re faced with.

Feeling safe in the knowledge that you’re being supported by a dedicated will lawyer can make all the difference in dealing with challenges relating to wills and inheritance. For this reason, our wills and Inheritance team provides pragmatic and informed legal advice designed to offer you a maximum amount of legal insight and support. With offices in Leicester, Derby, Stoke-on-Trent, Swadlincote and Burton Upon Trent, our team of legal experts are always on hand to help. 

Find out more about our regulations and complaints procedure by clicking the button below.

Contact our team today

To find out how our expert team of law solicitors can help you, contact us today on 0330 123 1229, send us an email via info@smithpartnership.co.uk or complete our contact form.

FAQs

If you do not make a Will that states you wish to leave your estate to your partner, he or she will receive nothing. The law makes no provision for a surviving partner in these circumstances. Your partner could be left in financial difficulty and forced to take expensive legal action to receive a benefit from your estate so making a Will is essential and avoids this situation.

If you have not appointed your spouse or partner as your Attorney using what is called a Lasting Power of Attorney, no, they cannot make decisions for you in relation to your money or your health. Instead, the Court decides through an expensive process called “Deputyship” who is the most appropriate person, and this may not be who you would have chosen. By putting in place a Lasting Power of Attorney you avoid this uncertainly and cost and are able to choose now who you trust to look after your money and make choices about your welfare and medical treatment.

Not necessarily. The law provides for a surviving spouse to inherit a fixed sum of money with the rest split 50:50 between children when they 18 and the surviving spouse. This could mean your house is co-owned by your spouse and your children and that your spouse does not have the full access to the estate to support their needs. Making a Will to set out what you want to happen and at what age children should inherit removes the uncertainly caused by dying without a Will.

This is called intestacy. The law sets out a series of rules that decides who inherits your estate and when.  Children may inherit your estate, and the age is set at 18 years old by law which means they may be vulnerable to influence from others or just not old enough to understand how to sensibly manage an inheritance. If Parents are alive they may also inherit your estate under the intestacy rules and if you are not married or in a Civil Partnership, your other half will inherit nothing. All of these uncertainties and undesirable outcomes can be avoided by making a Will.

Making a Will that includes a trust and ensuring that your own your house as tenants in common can help protect your share of your house on death. Using trusts can give your family control over the sale of the house, help secure the occupation of a surviving partner and give family choice of the investment of the sale proceeds if the house is sold. Wills can include very flexible and advantageous terms to help families preserve more of their estate for their loved ones.

If someone is separated but not divorced they are still married and their separated spouse would still benefit from the estate on death. Gifts in a Will to a spouse are still valid until a divorce is “absolute” and any entitlement under the intestacy rules if there is no Will is also still valid. If you separate from your spouse it is essential that your immediately update your Will or get around to making a Will if you have not done so already.

This depends upon the value of your estate, whether any inheritance tax relief such as spouse relief is relevant and the availability of specific allowances called the nil rate band and residence nil rate band. A well drafted Will would maximise the ability to reduce any potential inheritance tax both in your own estate and in the estate of your beneficiaries. Inheritance tax can apply both during lifetime, on death and during the administration of trusts. The most commonly thought of type of inheritance tax is on death and the rate of tax is currently 40%.  Gifts made during life can become subject to inheritance tax and can also affect how much inheritance tax allowance your own estate can benefit from so it is always best to take professional advice to see how your estate can be organised on death and in life to avoid falling into the many inheritance tax traps that exist.