Wills, Probate & Private Client matters
At Crystal Law our Solicitors are specialists at dealing with all private client matters which includes, Wills, Probate, Trusts, Power of Attorney and Court of Protection Matters.
We are here to give you a helping hand, be that someone to turn to. We provide up-to-date personal legal advice for each of our clients, keeping things crystal clear.
Based in the heart of Leicester, we at Crystal Law Solicitors provide comprehensive, clear, cost-effective and practical legal advice to help you achieve your goals. We understand the law can be complex and guide our clients with down to earth, jargon-free advice. You too can benefit from expert legal help exactly when you need it.
Crystal Law Solicitors are able to assist you whether you are preparing for the future or dealing with one’s estate. It is roughly estimated that over 70% of the population in England and Wales do not have a Will. Many of us put off the task of writing a Will or putting in place all the necessary affairs to manage your personal and financial circumstance. Our team are experts in the drafting of bespoke Wills and will be able to advise you whatever your circumstances may be to ensure your wishes are carried out.
Our Solicitors possess a wealth of knowledge in drafting Wills, from the most simple to those involving complex trusts. As well as drafting Wills we are happy to advise on your existing Will to make sure it reflects your wishes, complies with legal requirements and minimises potential tax liabilities.
A Will is likely to be one of the most important documents you will have to prepare in your lifetime. You will need to consider who will receive your property and belongings, who will act as your executor of your Will to deal with your estate, appoint guardians to care for your children and specify your funeral arrangements. By carefully planning a Will in your lifetime you can save your family much heartache and stress and the most distressing time.
Many people are wholly unaware of the intestacy rules and do not know what will happen to ones estate in the unfortunate case when someone does not have a Will. It is therefore to quite important for the following to carefully consider getting a will; property owners, parents, carers as a Will avoids uncertainty.
It is not uncommon for a dispute to arise over the content of a Will in the event we lose someone. At Crystal Law Solicitors we are able to assist should the following arise:
- You’ve been cut out of a Will
- You’ve received less inheritance than expected
- You’re the child, partner or spouse of the deceased
- You were financially dependent on the deceased
- You’re concerned about the validity of the Will, or if you suspect the Will is forged
You can contest a Will if you believe the deceased lacked mental capacity or were coerced into writing their Will.
We can also advise you if you’re defending a claim from someone who believes that they’re entitled to a share of the Will.
At Crystal Law Solicitors we are able to assist with Probate matters. Probate is the legal authority granted to the executors of the Will to deal with the deceased’s affairs. It can be extremely complicated at a difficult time and we are happy to provide advice and guidance during this time.
Once the Will has been lodged, the probate office issues a Grant of Probate (‘Probate’). This gives the executors the right to deal with the deceased’s property and possessions.If there isn’t a Will, the closest relative can apply to the probate office for Letters of Administration. This gives them the authority to administer the deceased’s estate.
Depending upon the complexity of affairs, the paperwork involved in estate administration can be daunting for executors. We aim to provide as much or as little support as is required at this difficult time.
Our expert team are knowledgeable in managing your estate whilst you are alive to helps protect your assets and can help reduce tax liabilities. We understand the lawful mechanisms to reduce or totally avoid inheritance tax, income tax and capital gains tax.
A Lasting Power of Attorney gives a named person(s) power to act on your behalf should your physical or mental health deteriorate.Types of Lasting Powers of Attorney (LPA)
There are two different types of Lasting Power of Attorney:
- Health & Welfare
- Property & Financial Affairs
You can choose one or both.Health & Welfare LPA
You can use this LPA to give an attorney the power to make decisions about things like:
- your daily routine, for example washing, dressing, eating
- medical care
- moving into a care home
- life-sustaining treatment
It can only be used when you’re unable to make your own decisions.Property & Financial Affairs
You can use this LPA to give an attorney the power to make decisions about money and property for you, for example:
- moving into a care home
- life-sustaining treatment
- managing a bank or building society account
- paying bills
- collecting benefits or a pension
- selling your home
It can be used as soon as it’s registered, with your permission.Re gistering your Lasting Power of Attorney
You can make an LPA at any time, provided you are mentally and physically able to make your own decisions. The registration process can be lengthy, so we recommend making your LPA well in advance of when you might need it. Before we can register your LPA, we must notify ‘named’ persons and give them the opportunity to object. We must also include a certificate to verify that you understand the contents of the LPA and how it operates, and you are not under pressure to make it.
This is for someone that lacks the mental capacity to manage their own affairs and needs a Deputy. The Court of Protection and Deputy route is for individuals who have not previously made a Lasting Power of Attorney.What is the Court of Protection?
The Court of Protection safeguards the rights of vulnerable people and has the authority to appoint a Deputy to manage someone else’s affairs when they lack the capability to do so themselves. A Deputy is normally a relative or close friend; however a Solicitor can also act as a person’s Deputy.
The process of becoming a Deputy is long and can be difficult we therefore advise before your consider applying for Deputyship you speak to one of our experienced team.
As a Deputy you have a wealth of things to manage and report including matters about the individuals finances, health and living arrangements. At Crystal Law Solicitors we provide a service to assist Deputies. Our service includes:
- Ensuring the individual is claiming the exact amount of social security benefits they are eligible to
- Assisting Deputies apply and challenge for benefits on behalf of the individual
- Assessing the housing situation and identifying any local authority assistance which can be gained
- Assisting in housing matters including re-housing into disability adapted housing
Our Solicitors at Crystal Law have vast experience in social welfare law and in particular welfare benefits and housing law. We are one of only a few Solicitors practices able to assist you with claiming benefits, challenging benefit decisions, applying for social housing as well as assisting with obtaining aids and adaptations. We can therefore provide an invaluable holistic service to Deputies to lighten your burden whilst ensuring you are compliant with the requirements set out by law to act in the best interest of those they have Deputyship over.
We are happy to take instruction from other Solicitors firms who are appointed Deputies on behalf of their clients as our aim is to ensure the best interests are achieved and income and services are maximised within the remit of the law.