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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

Kings Speech 17th July 2024 - Leasehold and Commonhold Reform

In this, the first of a series of three articles, we look at what it means for residential leaseholders and their landlords with regard to enfranchisement rights (leaseholders rights to extend their lease or acquire the freehold of their house or block) now that the Government has stated that it will implement the provisions of the Leasehold and Freehold Reform Act 2024.

The King’s Speech of 17th July 2024 announced that the Government’s legislative programme would include draft legislation on leasehold and commonhold reform: the “Draft Leasehold and Commonhold Reform Bill.”

This implied that the Government might have in mind leaving the conservative’s legislation, The Leasehold and Freehold Reform Act 2024, on the shelf and perhaps implement a wider set of reforms and consolidate the existing law following the recommendations made by the Law Commission.

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.

Draft Commonhold and Leasehold Reform Bill

In January 2026 the Government published the Draft Commonhold and Leasehold Reform Bill, confirming its intention to cap ground rents in existing residential leases at £250 per annum, with a longer-term objective of reducing those rents to a peppercorn. Another proposal by the Bill is to ban the creation of new leaseholds and instead to make commonhold the default mode of flat ownership.

The Bill has been published in draft form only and is subject to pre-legislative scrutiny, consultation and amendment. It is important for leaseholders, landlords and managing agents to understand the effects of the proposals and the likely timescale for their implementation.