Our Services

Will Writing:

Making a Will is easy with our Will-writing service. We offer you the option to make your Will online; via video call; or face to face. Whichever option you choose, your Will will be prepared by Simon Firth, a fully qualified and experienced Wills and Estate Planning Solicitor.

 

We provide a bespoke, personal service and all of our Wills are tailored to your personal and financial needs.

Our simple Wills start from £300 plus VAT and we offer all of our Wills on a fixed fee basis with no hidden extras so you will always know what your Will will cost at the outset.

 

If you’re worried about care fees, inheritance tax, or anything else, book a free consultation now to see what the options are and how we can help you to protect your assets.

 

Our personal approach ensures that, regardless of your circumstances, we provide the right Will for you and your family.

 

All of our Wills allow you to specify:

 

-Who you want to deal with your estate and assets for you on your death (known as your Executors).

-Who you wish to benefit and how your assets should be distributed amongst them.

-Any cash gifts you wish to make, such as cash gifts to charity or to grandchildren.

-Who you wish to appoint as a guardian for any of your children who are under 18 at your death.

-Any specific funeral wishes.

 

In addition to the above information, there are different types of Will to suit different family and financial circumstances and concerns so it is important to use a qualified, specialist Solicitor to ensure your Will meets your needs.

 

If you die without a will in England & Wales, the intestacy rules apply. This means that the law sets out a specific order for who inherits your estate, and ultimately, if you have no living family members, then under the intestacy rules the Crown can receive everything. By making a Will, you retain control over who receives your assets and you can ensure the people you want to benefit from your estate are the ones who inherit. Your Will can also be used to reduce the inheritance tax payable to HMRC on your death, and can shelter assets against care fees and other changes in circumstances.

 

Types of Will:

 

Simple Will

A simple Will, whether made as a single Will or as a pair of mirror Wills, is the most common type of will. A simple Will states who receives your estate and in what shares.

 

Mirror Wills

Mirror Wills are wills made by a couple who each want their Will to say the same thing. Historically, a couple might have made a joint Will or a mutual Will but that is no longer recommended in most cases. Now, each person makes their own individual Will on the same or similar terms and these are known as mirror Wills.

 

Mirror Wills can be simple Wills or can be more complex involving trusts. Often mirror Wills will leave everything to the surviving spouse or civil partner on the first death and then on the second death to children.

 

The benefit of simple mirror wills is that it keeps things simple, but there are also risks as the surviving spouse is free to change their Will and ultimately your assets could pass to people you wouldn’t have chosen to benefit. In addition, if the surviving spouse’s circumstances change, such as them moving into a care home or remarrying, the assets you left to them could be diverted to their new spouse or used to pay for their care fees. If you have children from a previous relationship, or if you have a complex family, then a simple Will may not meet your needs and a Trust Will may offer greater flexibility and protection for your assets.

 

Trust Wills

At S.F. Legal Consulting we specialise in preparing comprehensive estate plans that stand the test of time. One powerful tool we employ is the inclusion of trusts within Wills. This approach offers an extra layer of protection and control over your assets, ensuring your legacy is managed precisely as you envision.

 

When you incorporate a trust into your Will, it allows you to retain a degree of control and to dictate how your assets will be managed and distributed after your death.

 

Trusts within Wills serve as a powerful instrument for:

 

-Asset Protection: Safeguard specific assets for future generations, protecting them from potential creditors or legal disputes.

 

-Providing for Loved Ones: Ensure that your beneficiaries receive their inheritances in a manner that aligns with your wishes, such as in stages or for specific purposes (e.g., education or home ownership).

 

-Minimising Tax Implications: Utilise trusts to implement strategic tax planning, potentially reducing inheritance tax and maximizing the value of your estate.

 

Our Approach to Trusts in Wills:

 

At S.F. Legal Consulting, we understand that crafting a Will with trusts requires a thoughtful and personalised approach. Our experienced Wills & Trusts Solicitors will work closely with you to provide:

 

-Thorough Assessment: We will conduct a comprehensive review of your assets, goals, and family dynamics to determine the most effective trust strategy for you and your family.

 

-Clear Communication: We will ensure you understand the implications and benefits of incorporating trusts into your Will, empowering you to make informed decisions.

 

-Customised Solutions: Each trust is tailored to your unique circumstances, ensuring your wishes are accurately reflected.

 

Secure Your Legacy

Estate planning is a vital step towards securing your legacy and providing for your loved ones.

 

Lasting Powers of Attorney:

Have you thought about what would happen if you were to lose mental capacity?

 

This could happen at any stage of your life, not just in your later years. For example, if you had a stroke or were involved in an accident, everyday tasks such as managing your bank accounts; paying your bills and maintaining your property would become very difficult, if not impossible, as your spouse and/or loved ones do not have an automatic right to assist you in such circumstances.

Making a Lasting Power of Attorney (LPA) ensures that the people you choose and trust would have the legal authority to manage your affairs and make decisions on your behalf in the event of your incapacity.

 

A Lasting Power of Attorney (LPA) is a legal document which enables you to plan ahead and to state what you would like to happen should you become incapable of managing your affairs in the future. Like an insurance policy, it is something you put in place while you are fit and well and hope you never need, but in the event of your incapacity, such a document can be invaluable. An LPA can only be made while you are fit and well and have full mental capacity.

 

Within the LPA you appoint one or more people to be your attorneys. They will then be able to make decisions on your behalf if required. An attorney can be anyone you choose and trust as long as they are over 18 years old and have full mental capacity. Your partner or spouse can be your attorney. Your attorney(s) must consider your best interests when making a decision on your behalf.

 

There are two types of LPA:

 

(1) Property and Financial Affairs LPA

This gives your attorney the authority to deal with your property and finances, such as dealing with your bank accounts; paying your bills; arranging insurance; drawing your pension and buying or selling your property.

 

(2) Health and Welfare LPA

This allows your attorney to make health and care decisions on your behalf, but only when you lack mental capacity to do so yourself. This could also extend, if you wish, to giving or refusing consent to life sustaining treatment on your behalf.

Any Enduring Power of Attorney (EPA), validly made before 1st October 2007, can still be used, but only in respect of your property and financial affairs. If you wish to give your attorney(s) authority to make decisions regarding your your health or welfare, you will need to make a health and welfare LPA.

The Importance of LPAs

Peace of Mind: Knowing that you have designated someone you trust to make important decisions on your behalf provides peace of mind, both for you and your loved ones.

Preventing Family Disputes: Clear instructions through an LPA can help prevent disagreements or disputes among family members regarding your care and finances.

Avoiding Court Intervention: Without an LPA in place, the Court of Protection may need to step in, which can be time-consuming, costly, and emotionally draining for your loved ones.

What happens if you have not made a Lasting Power of Attorney?

If you lose mental capacity and have not made an LPA (or have not made an old style EPA), then someone will need to apply to the Court of Protection for a Deputyship Order to act on your behalf.

 

The Court will then decide whether or not to appoint them to make decisions on your behalf.

 

Although the Court will seek to appoint somebody who would act in your best interests, you could potentially have somebody managing your affairs who you would not have chosen had you had capacity. It could even be someone you don’t know and not necessarily a family member.

 

Furthermore, an application to the Court is very time consuming and costly. It may be up to 12 months before somebody is able to access your finances. This can be a very stressful for your family who will not be able to access your bank account to pay your bills whilst waiting for a Court Order. To avoid this, we suggest that you put in place an LPA as soon as possible.

Our Approach to LPAs

At S.F. Legal Consulting, we understand the sensitivity and importance of Lasting Power of Attorney. Our dedicated team of experienced Solicitors will work closely with you to:

Provide Expert Guidance: We will explain the intricacies of LPAs, ensuring you fully understand the implications and benefits.

Customised Solutions: We tailor each LPA to your specific needs, taking into account your unique circumstances and preferences.

Streamlined Process: We aim to make the process as smooth and efficient as possible, ensuring that your LPA is legally sound and in accordance with your wishes.

Fixed Fee Service, no hidden extras: Our fees include us providing the certificate of mental capacity required within the LPA; advising and guiding you through the process of choosing attorneys and how they should act; and preparing the application to register the LPAs. We do not add extra fees for the registration application or for the certificate of capacity. Our LPAs start from £350 plus VAT.

Inheritance Tax Planning / Estate Planning:

Probate & Administration

Unlocking Peace of Mind for You and Your Loved Ones

At S.F. Legal Consulting, we understand that navigating the complexities of probate and estate administration can be emotionally challenging and stressful. We are here to guide you through every step, offering compassionate support and expert legal advice to ensure a smooth and efficient process.

 

What Is Probate?

Probate is the legal process that takes place after the death of an individual. It involves validating the will, if one exists, and distributing assets to beneficiaries in accordance with the deceased’s wishes or, if there is no Will, according to the intestacy rules.

 

Our probate team is experienced in the intricacies of the probate process and can assist you in:

Filing the necessary documents with HMRC and/or the Probate Registry;

Identifying and valuing assets;

Settling outstanding debts and taxes;

Distributing assets to beneficiaries

 

Estate Administration Made Easier

Administering an estate can be a daunting task. We are committed to making this process as seamless and stress-free as possible. We offer comprehensive estate administration services, including:

Reviewing and interpreting the deceased’s Will or trust

Managing and safeguarding estate assets

Handling creditor claims and tax matters

Facilitating the distribution of assets to heirs and beneficiaries

 

Why Choose S.F. Legal Consulting?

Experience: We bring years of experience in probate and estate administration, ensuring that your case is in capable hands.

Compassion: We understand the emotional toll of losing a loved one, and we’re here to provide compassionate guidance throughout the process.

Efficiency: We work diligently to streamline the probate and estate administration process, minimising delays and complications.

Customised Solutions: Every estate is unique, and we tailor our approach to meet your specific needs and goals.

Transparent Communication: We keep you informed at every stage, so you always know the progress of your case.

 

Simon Firth – Solicitor & Director

Simon is the head of our team and has more than 20 years’ experience in private client work, specialising in wills and probate.

Simon qualified as a solicitor in 2007, after attaining a Masters Degree in Law from the University of Leeds. He worked at several medium and large North West firms before establishing S.F. Legal Consulting in 2021.

Simon is a full member of the Society of Trusts and Estate Practitioners (STEP), a highly accredited qualification which allows him to use the designation TEP.

Let us help you navigate the complexities of probate and estate administration. Our expert team is here to guide you through the probate process.

Contact Us for more information or to request a callback.

Alternatively, book an appointment by clicking the box above.

 

Trusts & Succession Planning:

What is a Trust?

A trust is the formal transfer of assets (such as property, shares or cash) to a small number of people (usually two or three) or to a trust company with instructions that they hold the assets for the benefit of a number of named individuals or a specific group (known as beneficiaries).

 

The person giving the assets is usually known as the ‘settlor’ in the UK and the people appointed to look after the assets are called the ‘trustees’. The assets placed in the trust are collectively known as the ‘trust fund’.

The assets in the trust fund are not legally owned by the trust. This is because a trust, unlike a company, cannot own assets in its own name, and instead the Trustees are the legal owners of the assets. However, although the Trustees are the legal owners of the assets, they must put the interests of the beneficiaries above their own.

 

Trusts can take effect during the lifetime of the settlor or after his/her death by his/her Will.

You may already have had dealings with a trust without even realising. Most company pension schemes are structured as Trusts, as are many life insurance policies as payments are made at the Trustees’ discretion.

 

Some of the most common family situations where trusts are used (often pursuant to a will) are:

• to provide for a surviving husband or wife after death while protecting the future interests of any children. This can be particularly beneficial for families where there are children from previous marriages.

To provide for a surviving husband or wife after death while protecting the future interests of any children. This can be particularly beneficial for families where there are children from previous marriages.

To protect the inheritance of young children until they are old enough to manage funds themselves;

To provide for vulnerable beneficiaries who are unlikely to be able to look after their own affairs;

To help succession planning for a family business.

Trusts can be powerful tools in long term family succession planning for assets to pass down through generations and to protect against the dilution of family wealth or the breaking up of a family business due to divorces or second marriages.

Consulting with a qualified Solicitor is essential when creating a trust to ensure it aligns with your specific goals and meets legal requirements.

To find out how a Trust may benefit you, contact STEP qualified Solicitor Simon Firth at simon.firth@sflegalconsulting.com