Intro
At Cavendish, we provide straightforward, expert guidance to make sure that your wishes are clearly expressed and your loved ones are looked after. Whether you’re creating a will or managing a probate, our experienced team is here to make the process as simple and stress-free as possible.
Our wills and probate team is headed by Emilie Jones. They’re available to offer professional and practical advice underpinned by a friendly service that prioritises your needs.
Why do I need a will?
A will makes sure that your belongings and assets go to the people you choose, not to whoever the law decides. Without a will, your estate could be divided in a way that doesn’t reflect your wishes.
Having one gives you control over what happens to your money, property and personal items. A will also allows you to name someone to take care of your children or dependents if something happens to you, so they’re looked after by the people you trust. It can help prevent disagreements among family members and make sure everything is handled the way you want.
Plus, it can make things easier for your loved ones, saving time, money and stress. Knowing that your wishes are clearly set out gives you peace of mind, and your family will appreciate having clear guidance when the time comes.
When should I make a will?
When you purchase property, your circumstances change, and it’s important to have your assets, including your new home, legally protected. A will ensures that your house and any other belongings are passed on to the right people according to your wishes.
By making a will after buying your house, you can decide who will inherit your property, reduce potential family disputes and ensure that your loved ones are taken care of. It also allows you to plan for things like paying off any outstanding mortgages or debts.
While it’s not a legal requirement to make a will when buying a house, it’s a good idea to have one in place to avoid complications later on. Our team is here to help you navigate this important decision and make sure your estate is taken care of.
Do I need a Declaration of Trust?
A Declaration of Trust is a legal document that outlines the ownership of a property when more than one person is involved, like when you buy a house with a partner, friend, or family member. It details how much each person owns, how any profits or losses will be shared and what happens if the property is sold.
While it’s not legally required, a Declaration of Trust can provide clarity and prevent misunderstandings. It can be particularly helpful in situations where people contribute different amounts to the purchase, or if you want to set out specific instructions for the future.
If you’re unsure whether you need one, our team can help guide you through the process and explain whether a Declaration of Trust is right for your situation. It’s always better to have a clear agreement in place to protect everyone’s interests and avoid disputes down the line.
Get Started Today
Planning for the future or managing an estate can feel like a lot to navigate. Many matters can be completed on a fixed-fee basis, and for more complex issues, we’ll agree on an hourly rate that reflects the expertise required. We offer a free, no-obligation initial half-hour consultation to discuss your needs, and we’ll provide a clear explanation of our pricing.
Call us today to find out more on 0203 962 7817 or 0203 962 7763. Alternatively, you can email us here.
What is probate?
Probate is the legal process of sorting out someone’s estate after they pass away. It involves proving that their will is valid, gathering their assets, paying any debts or taxes and distributing what’s left according to the will. If there’s no will, the estate will be handled based on the laws of inheritance.
Dealing with probate can feel overwhelming during a difficult time, but our team is here to make it as simple as possible. We’ll help you apply for the legal authority to manage the estate, sort out any paperwork and make sure everything is done correctly. Whether it’s dealing with banks, paying taxes, or distributing assets, we’ll be there every step of the way to guide you through the process with care and efficiency.
What is the process of probate?
The probate process can take time and can vary in complexity, but we’re here to guide you through it.
Register the death
You will need to and get the death certificate, and if the person had a will, it needs to be found and checked to make sure it’s valid.
Grant of Probate
You’ll need to apply for legal permission (called a grant of probate) to manage the estate. If there’s no will, you’ll apply for something called letters of administration.
Asset Gathering
Gather and value everything the person owned, including their house, bank accounts, and personal belongings. Any debts, like loans or bills, also need to be sorted out.
Inheritance Tax
If the estate is worth a certain amount, inheritance tax may need to be paid before anything can be distributed.
Final Steps
Once everything is sorted, the remaining money and belongings are passed on to the people named in the will (or according to the law if there’s no will).
Do I need a solicitor for probate?
You don’t always need a solicitor for probate, but it can be very helpful, especially if the estate is complex or there are disagreements among family members. If the person who passed away had a straightforward will and no complicated assets, you might be able to handle it on your own.
However, if there are issues like unpaid debts, disagreements over the will, or complicated assets (such as a business or overseas property), a solicitor can guide you through the process and make sure everything is done correctly. They can also help with legal paperwork, applying for probate, and making sure that inheritance tax is calculated properly.
What is a Lasting Power of Attorney?
Having a Lasting Power of Attorney in place ensures that someone you trust can make important decisions for you when needed. It’s an important tool for planning ahead and giving you peace of mind.
There are two types of LPA:
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- Property and Financial Affairs LPA. This gives your chosen attorney the authority to deal with your finances and property.
- Personal Welfare LPA. This allows them to make decisions relating to your health care, welfare, and in some cases end-of-life treatment.
What happens if I don’t have a lasting power of attorney?
If you become incapacitated without an LRPA, the courts may have to step in and appoint someone to make decisions on your behalf. This can be a lengthy, costly and stressful process. Having an LPA in place gives you control over who makes these decisions and can save your loved ones from unnecessary stress and uncertainty.
Why choose Cavendish?
Whether you’re looking to protect your new property with a will or need probate support when managing an estate, our team can offer expert advice and sensitivity, guiding you through your next steps.
With our dedicated, compassionate service and years of expertise, you can trust Cavendish to handle your legal matters with care and attention. We tailor our support to suit your specific needs, ensuring your wishes are respected and your loved ones are supported throughout the process.
Get Started Today
Planning for the future or managing an estate can feel like a lot to navigate. Many matters can be completed on a fixed-fee basis, and for more complex issues, we’ll agree on an hourly rate that reflects the expertise required. We offer a free, no-obligation initial half-hour consultation to discuss your needs, and we’ll provide a clear explanation of our pricing.
Call us today to find out more on 0203 962 7817 or 0203 962 7763. Alternatively, you can get in touch using the form below.
Our Team
Jonathan Frankel
Managing Director, Private Client & Leasehold
Jonathan Frankel qualified in 2007 and has been acting for leaseholders and freeholders since he qualified for both non-contentious and non-statutory claims relating to leasehold enfranchisement in the Property Tribunal. The team consists of a department manager who is a solicitor, and 4 case handlers with a department admin & new business associate.