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Everett Tomlin Lloyd & Pratt

Wills & Estates

The firm has a long history in drafting Wills, having done this successfully for over 150 years. The practice has moved with the times but as always, the Wills are tailor made for each individual client.

The importance of getting your Will right cannot be understated. We are lucky in England and Wales to have full testamentary freedom but if you do not make a Will, legislation dictates what should happen to your estate. The rules of intestacy are complex, strict and often not what you expect them to be, for example, the amount given to the surviving spouse is limited even when you have no children.

A Will not only gives you the power to determine who should benefit from your estate but also who should be your executors, your children's guardians and your pet's carer (some animals are put to sleep where alternative arrangements cannot be made).

When taking your instructions we consider the size of your estate, the disabilities of any of the beneficiaries and the types of assets you hold. We will advise you if you require the use of trusts or are stepping into the realms of Inheritance Tax. For more information on this topic, please refer to our section on Tax planning.

Enduring Powers of Attorney

These documents allow you to name the person you would wish to look after your financial affairs during your lifetime, should you become mentally or physically unable to do so yourself. The document can impose restrictions as to the type of asset that can be dealt with and when your Attorney's powers should come into effect.

If you or a member of your family is not mentally able to deal with their affairs any longer and an Enduring Power of Attorney has not been put in place then an application is made to Court to appoint a person to take over the responsibility. This application is costly and time consuming compared to the process of registering an Enduring Power of Attorney. We are happy to assist in the application to Court in an efficient and sensitive manner where an Enduring Power of Attorney has not been executed.

Living wills

We understand a person's fear of being unable to express their wishes regarding medical treatment when they are seriously ill.

A Living Will is a document which allows you to express your wishes regarding your future medical care now in the event you are later unable to do so. It can also ease the burden on your family when trying to reach difficult decisions on such matters as resuscitation, mechanical breathing and invasive testing. The document also specifies whom you wish to be contacted if death is imminent.

Probate

Probate is the administration of an estate when someone dies. It involves calling in the assets, paying off all liabilities and distributing the estate in accordance with the deceased's Will. Let us work with you to help ease the ordeal of dealing with the estate of a loved one who has just passed away.

We deal with not only the simple admission but also the tax affairs of the deceased and of the estate. We ensure that executors are protected in their role against personal litigation or criticism. Such professional guidance can be invaluable to an inexperienced executor.

As part of our role in administering the estate, we will also advise upon mitigating the charge to inheritance tax through the clever use of a Deed of Variation.

Claiming an Interest in an Estate

Challenging the validity of a will

Occasionally, the validity of a will can be challenged. For example:

Sometimes, a close relatative or dependant of the deceased will not be left anything in the will. In such circumstances a claim on the estate can often be made.

We are able to offer advice and representation in relation to the above, and public funding may be available to those who are financially eligible.

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