Wills, Estate Planning & Lasting Powers of Attorney

Wills, Estate Planning & Lasting Powers of Attorney Solicitors

Protecting Your Family, Your Wishes and Your Future

Making a Will is about much more than deciding who inherits your assets.

It is about ensuring the people you care about are protected, your wishes are respected and important decisions remain in trusted hands should the unexpected happen.

Whether you are creating your first Will, reviewing existing arrangements, planning for inheritance tax or considering a Lasting Power of Attorney, Eaton Smith's Private Client team can provide clear, practical advice tailored to your circumstances.

 Most People Assume Things Will "Just Sort Themselves Out"

One of the biggest misconceptions we encounter is the belief that family members will automatically inherit everything or be able to make decisions on behalf of a loved one if necessary.

Unfortunately, this is not always the case.

Without the correct legal documents in place:

• The law determines who inherits your estate.
• Unmarried partners may receive nothing.
• Decisions regarding your finances or healthcare may become more complicated.
• Families can face unnecessary delays, expense and stress.

Taking steps now can provide certainty and peace of mind for the future.

Consequences of not having a Will

It is a common misconception that if you die without making a Will (Intestate) everything automatically passes to your surviving spouse, but that is not always the case. Under the Intestacy Rules it is the law, rather than you, which dictates who will inherit your property and possessions. This has far reaching effects in terms of how much your spouse and children etc will receive. Perhaps very significantly if you are not married, or registered under the Civil Partnerships Act your partner would NOT benefit at all under the Intestacy Rules as your property and possessions will automatically pass to your nearest blood relative. Failing this then the Government will get everything!

In addition, if you have young children, you will not have indicated who you wish to look after those children and bring them up. You could also end up paying unnecessary inheritance tax.

How We Can Help

Wills

A professionally prepared Will allows you to:

Decide who inherits your estate
Appoint executors
Choose guardians for children
Leave gifts to friends, family or charities
Reduce the risk of future disputes

Estate Planning

Good estate planning helps ensure your affairs are structured as efficiently as possible both during your lifetime and after death.

We advise on:

• Wealth preservation
• Succession planning
• Family wealth transfers
• Protecting vulnerable beneficiaries
• Trust arrangements

Inheritance Tax Planning

 Many people are surprised to discover the value of their estate exceeds inheritance tax thresholds. (currently fixed at £325,000) which means that their family would be liable to paying 40‰ tax on the value of the estate over that level.

Careful planning may help reduce inheritance tax liabilities and ensure more of your wealth passes to the people you intend to benefit.

Lasting Powers of Attorney

If illness, injury or loss of capacity prevents you from managing your affairs, a Lasting Power of Attorney allows someone you trust to make decisions on your behalf.

We advise on:

• Property & Financial Affairs LPAs
• Health & Welfare LPAs
• Registration requirements
• Attorney responsibilities

Trusts

Trusts can provide valuable protection and flexibility for families, business owners and vulnerable beneficiaries.

We can advise on:

• Family trusts
• Asset protection trusts
• Trust administration
• Tax considerations
• Long-term succession planning

When Should You Review Your Arrangements?

You should consider reviewing your Will or estate planning arrangements if:

• You marry or enter a civil partnership
• You divorce or separate
• Children or grandchildren are born
• You acquire significant assets
• You start a business
• Your financial circumstances change
• A named executor or beneficiary dies

Why Choose Eaton Smith?

Our Private Client team includes specialists with extensive experience in:

• Wills
• Estate planning
• Probate
• Trusts
• Inheritance tax planning.
• Lasting Powers of Attorney

We take the time to understand your circumstances and provide straightforward advice designed to protect you and your family

Related Services

• Probate & Estate Administration
• Trusts
• Lasting Powers of Attorney
• Court of Protection
• Residential Property
• Inheritance Tax Planning

FAQs

Do I need a Will if I am married?

Yes. Whilst marriage provides certain legal protections, it does not guarantee that your estate will be distributed exactly as you would wish.

What happens if I die without a Will?

Your estate will be distributed under the rules of intestacy, which may not reflect your personal wishes.

Can I Update an Existing WIll?

 Yes. It is sensible to review your Will regularly, particularly following major life events such as marriage, divorce, the birth of children or significant changes in your finances.

How much does a Will cost?

The cost of preparing a Will will depend on your individual circumstances and requirements. As a guide, a straightforward Will can cost from £295 plus VAT. We will discuss your needs with you and provide a clear breakdown of likely costs before any work begins.

Who should I Appoint as My Executor?

You should appoint someone you trust to administer your estate and carry out your wishes. This is often a spouse, family member, friend or, in more complex cases, a solicitor.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney allows someone you trust to make decisions on your behalf if you lose the ability to make decisions yourself. 

Do I Need a Lasting Power of Attorney if I Am Married?

Yes. Marriage does not automatically give your spouse or civil partner authority to manage your finances or make decisions on your behalf if you lose mental capacity. An LPA allows you to choose who will act for you.

Can inheritance tax be reduced?

There are a number of legitimate inheritance tax planning options available depending on your circumstances and assets.

Are trusts only for wealthy individuals?

No. Trusts can be beneficial in a wide range of circumstances, including protecting young or vulnerable beneficiaries and preserving family assets.

Speak to Our Private Client Team

Whether you are making your first Will, reviewing an existing one, planning for inheritance tax or considering a Lasting Power of Attorney, Eaton Smith's Private Client team can help.

So for your peace of mind and your family's security contact our team today on 01484 821300 or click here