Fieldings Porter Solicitors

Here are the details for this solicitor's practice area of Wills,Trusts & Probate. Please contact the solicitor using the details listed in the contact panel to the right hand side of this page. You can also choose to send an email enquiry or request a call back.

Planning for the future is very important, but often we all leave things to late. Peace of mind is something that is hard to place a value on.

In addition to advising on Inheritance Tax issues (see the Wills Section), we can assist you with Income Tax and Capital Gains Tax advice.

Here are just some of the things we can advise you on :-

• Lasting Powers of Attorney: From the 1st October 2007, you are able to make a new type of power of attorney, called a ‘lasting power of attorney’ (LPA). A power of attorney is a legal document where a person gives another person or persons (the attorney) authority to make certain decisions on his or her behalf. Read more about this here.
• Long Term Care Planning: It's hard to imagine not being able to live in your own home, and look after yourself. Planning at the right time to make sure any care you may need in the future is covered without having to sell your home is important for some people. Find out more about the rules about paying for a permanent care home place, including advice on the costs of policies for the funding of Long Term Care.
• Living Wills: A Living Will can record your wishes, with respect to certain medical procedures that are/are not to be employed on loss of mental capacity ("advanced directive"). Alternatively, a Living Will can record your beliefs on such procedures for the family to consider should a difficult decision with regard to your health have to be made ("non-advanced directive").
• Inheritance Tax Planning: When trying to minimise the inheritance tax payable on your estate by your beneficiaries, there are many different options, depending on the circumstances. Subject to your particular circumstances, the size of your estate and any other requirements you may have, we can provide you with a list of options and their pros and cons.
• Trusts: A Trust is a fund which contains cash and/or other assets that are controlled by you and/or nominated third parties ("trustees") for the benefit of a specific individual(s) or group of individuals. They are governed by complex legal regulations and separate tax rules. A Trust can be set up during the lifetime or on death. Find out more about how a Trust can assist you.
• Guardians: If you have young children, you should consider appointing guardians to take care of them if you die while they are still young. Even if you have "god parents" we all know that the choice of god parent is sometimes an emotional decision made a specific time. This is usually done whilst making your Will.

Probate

When someone close to you dies somebody has to deal with their "estate". Our solicitors can help you at this time. A person's estate is considered to be made up of the money, property and any possessions they had at the time of their death. The process of Probate involves collecting in any money that is owed to the deceased, settling any debts payable from the estate (including any outstanding taxes and any Inheritance tax due on death) and dividing the estate amongst the respective beneficiaries.

All assets (including property) in an estate (expect jointly owned assets) will remain frozen, until the Probate Registry gives the authority (via a document know as a Grant of Representation) to the Personal Representative(s). These are the individual(s) nominated in your Will to act as the "Executor(s)". If you have no Will, then it is up to the most appropriate member of the family member to act on behalf of the estate - usually the main beneficiary under the Rules of Intestacy that govern entitlement when someone dies without a will.

If there is a Will then the estate will pass to the beneficiaries named in the Will. If there is no Will then the Rules of Intestacy will apply to establish who is entitled to the deceased's estate and in what amounts.

Whether you are an Executor or the next of kin, our lawyers can provide practical guidance to help you deal with the administration of someone's estate. We can help you determine the size of an estate for Probate and Inheritance Tax purposes. We can prepare an application for the Grant of Representation on your behalf and help you lodge the required forms with the relevant organisations to collect monies due to the estate and settle any outstanding debts.

We can arrange the transfer or sale of any assets held and work with our residential property team to handle the sale of any property or land owned by the deceased.

We can also advise you on ways to vary the terms of a deceased's will or intestancy (within two years of their death) to take advantage of tax planning schemes and long term care planning for the surviving spouse or partner.

Helen S Law is a member of the Society of Trusts and Estates (STEP) and a member of the Solicitors for the Elderly group with particular expertise in these areas of the Law.

Wills

Can you believe that over 70% of the UK population does not have a current Will that is an accurate reflection of their financial circumstances and the personal choices at the time of their death? Making a Will creates certainty, reduces worry and gives you the peace of mind of knowing exactly how your money, property and possessions will be dealt with after your death.

A Will guides those who are left behind and saves worry and heartache at a time of great emotional stress. Making a Will is usually the first step to take in structuring your affairs in order to minimise your liability for Inheritance Tax.

Our services include :-

• Preparation of Wills, trusts and deeds
• Reviewing and amending Wills
• Issues in Wills such as Guardianship
• Preparation of a Lasting Power of Attorney
• Tax Planning Advice and Will drafting

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