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Wills, Trusts and Probate

Wills, Trusts and Probate

Wills, Trusts and Probate

A Last Will & Testament is is probably the most important document you are ever likely to sign. It is paramount that the document has been drafted correctly and you receive the appropriate inheritance tax planning advice if you wish to protect your loved ones at the time of your death by benefiting them with your assets, whether those are situated in the UK or abroad.

A correctly drawn Will may save your Executors and Beneficiaries a substantial amount of Inheritance Tax. Whether your needs are simple, such as leaving your entire estate to your spouse or civil partner, or more complex, for example involving trusts for children, we are able to advise you upon a range of options.

We use our specialist legal knowledge to draft a Will that is clear and most importantly, tax efficient. We stress the importance of reviewing your Will on a regular basis to take into account a change in the law, or your financial and family circumstances.

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Guardians

If you have young children you should consider appointing guardians to take care of them if you die while they are still young. The appointment of guardians can be a component part of your Will and we always recommend that it is discussed with the nominated guardian beforehand.

Trusts

There are many reasons that you may wish to set up a Trust for your assets and many important considerations when doing so to ensure how it will be controlled and administered. You might wish to set up a Trust during your lifetime or for one to be established upon your death.

Trusts are governed by complex legal regulations and specific tax regulations. Our team of experienced solicitors can discuss the options available to you and ensure that the correct solution is employed.

Inheritance Tax Planning (IHT)

A complex area of tax law and an intrinsic aspect of Last Wills & Testaments requires an indepth understanding of the various facets of the regulations. The team at AWS can advise you on all aspects of inheritance tax issues arising in connection with Wills, Estate Planning, Trusts and Administering an Estate. This area extends to income tax and capital gains tax considerations and we are able to refer you to appropriate financial specialists in complex or urgent circumstances.

Probate

Where an individual has made a Will, it will usually indicate who will be responsible for administering the Estate: the Executor.  On the other hand, if a person dies without a Will, known as ‘Intestate’, there are special rules as to who has the legal right to administer the Estate and benefit from it.  

We are able to provide you with clear and straightforward advice and we aim to make the whole experience as stress-free as possible. We will assist you so that the Estate is administered efficiently and quickly, with the understanding that no Executor will wish for the administration period to last for any extended period of time.

If a person has died without a Will, we have the relevant experience in handling the complex intestacy provisions that govern the administration of the Estate.

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Legal Updates

Leasehold and Commonhold Reform

In this second article in our series of three we look at what it means for residential leaseholders and their landlords following the Government’s confirmation that it will enact the remaining Law Commission recommendations around enfranchisement rights (leaseholders rights to extend their lease or acquire the freehold to their house or block of flats).

The Law Commission’s recommendations are set out in its report “Leasehold Home Ownership: Buying Your Freehold or Extending Your Lease”. The stated intention of the recommendations was to “help make our homes our own rather than someone else’s asset. They are intended to make the law work better for leaseholders”. Their report was described as a root and branch review of enfranchisement rights.

Understanding the Renters (Reform) Bill: An Overview of Likely Changes

Following its Third Reading in the House of Lords on 21 July 2025, only minor drafting amendments were made to the Renters (Reform) Bill (‘the Bill’), signalling the Lords’ broad approval of its substance.

If the Bill is given Royal Assent in its current form — with no last-minute policy reversals when it returns to the Commons on 8 September 2025 — it will mark the most significant overhaul of tenancy law since the Housing Act 1988.

This article outlines the key reforms envisaged by the Bill to help landlords, tenants, and investors prepare for the changes ahead.

Conservative Party Pledges to Abolish SDLT

Conservative leader Kemi Badenoch announced at the Conservative Party Conference 2025 yesterday that the next Tory Government to be elected will completely abolish stamp duty land tax (SDLT) paid by buyers on primary residences in England.