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Wills, Probate and Trusts

Our Private Client department at Thomas Boyd Whyte has been assisting the local community since our firm was established in 1946 in the preparation of wills and administration of estates where someone has died. The majority of our clients have recommended us to other family members or friends and come back to us for assistance as their family solicitors. We offer skilled and sympathetic advice in making wills and also offer advice on inheritance tax planning and obtaining probate to an estate of a deceased person. We also offer specialist advice on Lasting Powers of Attorneys and registering Enduring Power of Attorneys. Our services include advising on applications made to the Court of Protection for deputyship in respect of people who have become mentally incapable and can no longer manage their financial affairs.

Wills

Whether single, married or a parent, wills are a key element to estate planning. Without one you are unable to control what happens to your assets after your death and are potentially leaving your dependants with numerous problems and a large inheritance tax bill. We can help make sure that your estate is distributed in accordance with your wishes including;

• Drawing up your will and making provisions for the people important to you.
• Ensuring that you fully understand the contents of your will
• Advising you on how to minimise your inheritance tax liabilities
• Arranging for you to sign the will and storing it for free in our extensive safe storage facility

Probate and the Administration of Estates

In the event of the loss of a family member or friend, somebody needs to deal with their estate. We understand that bereavement is an incredibly difficult time and that the administration and winding up of their estate needs to be dealt with in a sensitive, sympathetic and professional way. Whether you are an executor or the next of kin, our specialist probate team can provide practical guidance to help you deal with the administration of someone’s estate. We can also advise you regarding a deed of variation which can enable the terms of the deceased persons will to be varied so that the estate can be reorganised in a more tax efficient way in order to minimise inheritance tax. Our probate team can arrange the transfer or sale of any shares and work with our conveyancing solicitors to handle the sale of any property or land owned by the deceased. In the unfortunate event that a dispute arises over the estate we can advise on all aspects of making or defending a claim.

Lasting Powers of Attorney

Managing your affairs in later life can become more difficult and it is therefore wise to nominate someone in your lifetime to assist you in dealing with your property and financial affairs, and also your health and personal welfare issues, should the time come when you become mentally or physically unable to. A Lasting Power of Attorney (LPA) enables you to choose who you would like to manage your property, financial and general affairs should you become unable to manage them yourself, and gives that person the measure of power that you define. You can alter your choice of attorney at anytime. The process of preparing a LPA deed can be quite complex. In order for these deeds to have legal effect they need to be registered with the Office of Public Guardian. We specialise in the drafting of an LPA and will guide you through the preparation and registration process. We will advise you on any restrictions that you wish to impose and the level of authority that is appropriate, as well as providing you with information regarding the duties of your attorney to help you with your choice.