Planning for the future and managing the affairs of a loved one who has passed away involves navigating complex legal processes. Understanding wills and probate law in Brighton & Hove is essential for ensuring your wishes are carried out and that estates are administered correctly. Expert legal advice is available from probate solicitors in Brighton and solicitors in Hove who specialise in all aspects of estate planning, probate, and inheritance planning.
As a private client seeking estate planning services, it's important to understand the various legal aspects involved in protecting your assets and ensuring your wishes are honoured. Many law firms across Sussex offer comprehensive wills and probate services to help individuals and families navigate these complex matters.
Creating a will is the only way to ensure your estate (everything you own) is distributed according to your wishes after you die. Without a will, your assets are distributed according to the rules of intestacy, which may not align with your intentions.
Many people in the UK die without making a will – more than 1 in 5. When someone dies intestate, their estate is shared according to strict legal rules. These rules can lead to unintended consequences:
Children may not inherit if the estate is worth less than £270,000 and there's a surviving spouse.
Grandchildren, stepchildren, unmarried partners, and friends do not automatically inherit.
A surviving spouse who inherits everything may choose not to leave assets to children from a previous marriage.
A properly drafted will ensures clarity and helps protect your loved ones. Solicitors in Brighton and solicitors in Hove can help you explore different scenarios, make your wishes clear, and ensure your will is legally valid. They can also advise on more complex arrangements, such as property transfers and setting up trusts within your will.
Mirror wills are also available for couples who want their wills to say essentially the same thing. Many wills referred to as 'standard' or 'simple' still require real expertise to prepare correctly.
Probate is the legal process of proving that a will is valid or establishing who has the authority to deal with a deceased person's estate if there is no will. The Probate Registry issues a grant of representation – either a Grant of Probate (if there's a will) or Letters of Administration (if there isn't).
While you can manage the probate process yourself, seeking legal advice from a specialist probate solicitor is strongly recommended. The process involves complex paperwork, calculations for Inheritance Tax, Capital Gains Tax, and Income Tax, and carries significant legal responsibilities. Executors and administrators are personally liable for mistakes, making expert guidance invaluable.
You may not always need to apply for probate, such as when an estate is jointly owned by spouses or is worth less than £5,000.
An estate administration solicitor guides executors and administrators through the complex process of managing a deceased person's estate. Their services include:
If an estate's debts exceed its assets (insolvent estate), debts must be paid in a specific order of priority.
Effective inheritance & tax planning allows you to set out clearly who should receive what from your estate and consider the financial implications. Planning ahead can help utilise reliefs and exemptions, particularly regarding Inheritance Tax thresholds.
This type of planning involves considering your home, investments, trusts, and potential gifts to limit tax implications. Expert legal advice ensures these complex areas are navigated effectively.
A Power of Attorney is a legal document allowing someone you trust to make decisions on your behalf if you lose mental capacity. There are different types, including Lasting Power of Attorney (LPA) for property and financial affairs, and for health and welfare.
Without an LPA, your next of kin would need to apply to the Court of Protection for authority to make decisions, which can be costly and time-consuming. Considering an LPA is an important safeguard, especially as the risk of losing mental capacity increases with age.
While not detailed in the provided text, living wills (also known as advance decisions) allow you to specify in advance the treatments you do or don't want to receive if you're unable to make or communicate decisions about your treatment in the future.
Trusts are legal arrangements where a settlor transfers assets to a trustee, who manages them for the benefit of the beneficiary. A protector may also be appointed to oversee the trustee's actions.
Trusts can be useful for tax planning, preserving assets, safeguarding interests in property purchases, protecting assets from bankruptcy or divorce, and ensuring inheritances for children are protected. They can be created during your lifetime or by your will. Expert legal advice is essential for creating and administering trusts effectively.
Disputes over wills or inheritances can arise for various reasons and cause significant emotional and financial strain. It's important to act quickly, as there are time limits for different types of inheritance claims.
Experienced solicitors can provide compassionate guidance and legal representation for these complex matters.
The Court of Protection makes decisions about the property, financial affairs, and personal welfare of people who lack mental capacity. If someone hasn't made an LPA and loses capacity, a family member or interested party may need to apply to the Court of Protection to become a deputy. A deputy is appointed by the court to make decisions on behalf of someone who can no longer make decisions for themselves. This is a more complex and expensive process than having an LPA in place.
Under the rules of intestacy, your estate will automatically pass to your spouse when you die.
However, it is worth considering Inheritance Tax implications. Although your spouse is exempt from paying Inheritance Tax on the assets you pass to them, there may be tax consequences for beneficiaries after they die.
Please contact our will writing solicitors for advice.
An executor is a person named in a will to manage an estate.An executor is responsible for paying debts and taxes and for sharing the estate according to the wishes expressed in a will.
More than one executor can be named in a will.
It may be cheaper to make a will with a will writing service than with a solicitor. However, you do not have the same legal protection.
Will writers are not always legally qualified, and they are not regulated by the Solicitors Regulation Authority.
