Wills, Probate, Power of Attorney

Wills Solicitors

Writing a Will is something we advise everyone to do, no matter your stage in life. We all have people and causes which we care about and want to see provided for, and a well-considered and carefully written Will is the best way to ensure that happens. Our experienced team of Wills solicitors are well placed to talk you through this process with care and sensitivity, with our trademark attention to detail and comprehensive approach.

A Will puts the power in your hands to decide what you want to happen with your home, possessions and your assets, including pension funds and insurances. It means you can name who you want to be the executor or administrator who will ensure your wishes are carried out. And if you have young children, a Will allows you to take the step of naming who you would like to act as guardians should the worst happen.

If you die without a valid will, you leave your family with potential difficulties in sorting out your affairs. They will be required to share out your estate according to certain rules known as the rules of intestacy – which may not accord to your wishes. There’s also increasing numbers of DIY Wills being deemed invalid, so it’s best to leave this important process to experienced Solicitors.

Lasting power of attorney

A lasting power of attorney is a legal document that lets you appoint one or more people to help you make decisions, or to make decisions on your behalf if  you have an accident or illness which means you are unable to make these decisions for yourself.

You can empower these people to make decisions about your health and welfare or about your property and financial affairs – or both. In many cases a medical diagnosis or failing health prompts people to take this step.

A health and welfare power of attorney can give someone else the power to make decisions, if you are unable to, around things like your medical care, moving into a care home or receiving life-sustaining treatment. While property and financial lasting power of attorney can afford the power to make decisions about paying bills, collecting benefits or pensions and selling your home.

This is a powerful legal instrument and it is vital to have the best advice when making decisions of this nature. Here at Chester and Co we have the knowledge you need; we can talk you through the different types of power of attorney and make the choices you need to keep your interests protected in the future.

Estate Administration and Probate

When someone you care about dies it is a difficult enough time, but add to that the pressure of navigating an unfamiliar legal landscape in order to administer their estate and it can be completely overwhelming.

Probate is the term used to describe the legal authority required to deal with the estate of someone who has died. In most cases the next of kin or an executor named in a Will needs to apply for Probate through a ‘Grant of Probate’ or ‘Letters of Administration’ before they can do this.

The work of administering an estate then includes identifying assets such as property, investments and possessions, as well as liabilities – any debts, loans or outstanding bills, identifying the beneficiaries, settling liabilities, submitting an Inheritance Tax Return and paying any taxes due, selling assets, preparing accounts and finally transferring assets to beneficiaries.

The whole process often involves complicated legal, tax and financial work, even when there are no challenges to the estate or other complications. Very often families take the decision to employ a probate solicitor to take on this process – something that is especially recommended when there are high-value assets.

As experts in probate and estate administration we can relieve the weight of this burden and steer you through this potentially complex and challenging process, avoiding costly mistakes or additional stress, and most importantly give you the time you need to properly grieve for the loss of a loved one, and take care of the needs of your family.