Wills

• Control over who inherits. Without a valid Will, the estate passes under the statutory intestacy rules, which may not reflect personal wishes or modern family arrangements.
• Appointments. A Will appoints executors (the individuals tasked with administering the estate) and can appoint guardians for minor children.
• Reducing uncertainty and disputes. A clearly drafted Will can reduce scope for misunderstanding or conflict, particularly in blended families or where expectations differ.
• Tax and planning considerations. Wills can incorporate planning to make best use of allowances and reliefs (depending on the estate’s circumstances).

• Marriage or civil partnership (which can revoke a prior Will unless made in contemplation of that marriage/civil partnership)
• Divorce/dissolution
• Buying or selling a property
• Significant changes in assets, business interests, or pensions
• Birth of children/grandchildren
• A beneficiary becoming vulnerable, bankrupt, or in receipt of means-tested benefits
• Changes in relationships or family circumstances

An LPA is a legal document that allows a person (the donor) to appoint one or more trusted individuals (the attorneys) to make decisions on their behalf if they are unable to do so.

There are two types of LPA:

• Property and Financial Affairs LPA — covering matters such as bank accounts, bills, investments, property transactions, and liaising with financial institutions.
• Health and Welfare LPA — covering matters such as care arrangements, medical treatment decisions, and day-to-day welfare. This LPA can only be used when the donor lacks capacity to make the relevant decision.

Why LPAs are important

• Without an LPA, families may have no automatic legal authority to manage finances or make decisions, even for spouses or civil partners.
• If capacity is lost, the alternative may be a Court of Protection application for a deputyship—often slower, more expensive, and subject to ongoing supervision.
• LPAs allow the donor to choose who acts, how decisions are made, and (where appropriate) to include preferences and instructions.

Practical choices that require careful drafting

• Whether attorneys act jointly, jointly and severally, or a mixture depending on the decision type
• Appointment of replacement attorneys
• Tailored preferences and instructions, including
• safeguards for large gifts or property transaction
• wishes about care arrangements
• guidance on liaising with professionals
• The role of the certificate provider, who confirms the donor understands the LPA and is not under undue pressure

When a person dies, their estate must be collected in, liabilities settled, and assets distributed in accordance with the Will (or intestacy rules).

Key terms

• Probate: the process of obtaining legal authority to deal with the estate where there is a Will (typically a Grant of Probate)
• Letters of Administration: the authority used where there is no Will (or no executor able to act).
• Personal representatives: the executors or administrators responsible for administering the estate.

What estate administration can involve

• Identifying and valuing assets (property, bank accounts, investments, business interests)
• Handling inheritance tax (IHT) reporting and payment where required
• Applying for the grant
• Settling debts and final expenses
• Managing property sales or transfers
• Dealing with income tax matters during the administration period
• Distributing the estate and preparing estate accounts

Why instruct a solicitor? While some estates are straightforward, many include issues such as:

• A property to sell or transfe
• Multiple beneficiaries
• Overseas assets
• Business interests
• IHT reporting requirements
• Missing paperwork or unclear asset ownership
• Potential claims or disputes

A solicitor can ensure compliance with personal representative duties, reduce delay, and minimise the risk of personal liability for incorrect distributions.

Effective private client work often involves anticipating future problems and reducing risk through clear documentation and robust processes.

Common areas of concern include:

• Mental capacity at the time of making a Will or LPA
• Undue influence or pressure from family members or others
• Ambiguous wording leading to inconsistent interpretation
• Unclear asset ownership (e.g., jointly owned property, trusts, lifetime gifts)

Private client services typically include:

• Drafting Wills (including complex estates, business assets, and blended family arrangements)
• Advising on guardianship and protective planning for vulnerable beneficiaries
• Preparing and registering LPAs (both Property and Financial Affairs; Health and Welfare)
• Advising attorneys and donors on scope and operation of LPAs
• Probate applications and full estate administration
• Support for executors and administrators, including “grant-only” services where appropriate