Why Wills, Probate and Trusts matter for you and your family

Planning for the future is one of the most important steps you can take to protect your loved ones, your assets and your peace of mind. Wills, probate and trusts matter for you and your family. When the time comes for you to make plans, our Private Client and Wills & Probate team is there to provide practical, tailored legal advice designed around your individual circumstances, helping you make informed decisions with confidence.

We offer a comprehensive range of personal legal services, including the preparation of Wills and Codicils with a free 30-minute Will Review Consultation (for existing clients only), Lasting Powers of Attorney, estate administration, trust creation and Court of Protection work.

Our aim is simple: to ensure your wishes are respected and your assets safeguarded for future generations.

Is making a Will important?

A Will is something everyone should have, yet only around a third of people in the UK have made one. Your Will sets out exactly how your property, finances and possessions should be dealt with after your death. Without it, your estate will be distributed according to the laws of intestacy, which may not reflect your intentions and can lead to unnecessary stress and uncertainty for your family.

Many people assume their estate will automatically pass to their spouse or children, but this is not always the case. Even modest estates can be affected, and the only way to be certain that your wishes are carried out is to put them in writing through a properly prepared Will.

Keeping your Will up to date

We usually recommend reviewing your Will every three to five years, or sooner if there are changes in your personal or financial circumstances. This is especially important if your Will includes trusts for inheritance tax planning, as the law can change.

Life events that should trigger a review include:

• Marriage or entering a civil partnership
• Separation or divorce
• Birth or adoption of a child
• Buying or selling property
• Starting a business
• Acquiring assets abroad
• Making gifts or loans to family members
• Significant changes in the value of your estate

Choosing an executor

An executor is responsible for administering your estate after your death, so it is vital to appoint someone you trust. This is often a spouse, adult child or close friend, but it can be anyone you feel capable of managing your affairs.

If you would prefer a professional approach, Astle Paterson can act as executor, either alone or jointly with a family member or friend.

The role of Trusts in estate planning

A trust is a legal arrangement that allows assets such as money or property to be held by trustees for the benefit of others, in line with your instructions. Trusts can provide control, flexibility and protection, particularly where beneficiaries are young, vulnerable or where you wish to manage how and when assets are passed on.

Trusts are commonly used to support a grandchild’s education, protect family wealth, provide for children under 18, or manage assets over time rather than as a single lump sum. Trustees are appointed by you and are legally required to act in accordance with the trust deed or the terms of your Will.

There are several types of trust, each suited to different circumstances:

• A Bare Trust gives the beneficiary an absolute entitlement
• A Life Interest Trust allows someone to receive income or occupy a property for their lifetime, while the capital passes to others later
• A Discretionary Trust gives trustees flexibility to decide how and when beneficiaries receive income and/or capital

Lasting Powers of Attorney and planning for incapacity

Estate planning is not only about what happens after death. Lasting Powers of Attorney allow you to appoint trusted individuals to assist you if you become physically unable to manage your affairs, or to make decisions on your behalf if you lose mental capacity. There are two types, one covering property and financial affairs and another covering health and welfare.

Having LPAs in place can avoid delays, expenses, and uncertainty for your family and ensure decisions are made by people you trust rather than by the court. Our team can advise on preparing and registering LPAs, as well as older Enduring Powers of Attorney.

Probate, estate administration and disputes

Administering an estate can be complex and time-consuming, particularly where there is no Will, overseas assets or family disagreements. We assist executors and administrators with all aspects of probate and estate administration, including intestacies and Deeds of Variation.

We also advise on contested estates and trusts, offering clear guidance and representation where disputes arise, always aiming for practical and proportionate solutions.

Wills, probate and trusts with Astle Paterson: a supportive and accessible service

At Astle Paterson, we understand that these matters are personal and often sensitive. We take a calm, individualised approach, providing clear advice and reassurance at every stage.

We understand that there is a lot of information to take in, so don’t hesitate to get in touch with our team if you have any questions or are unsure about the process.

For more information on Wills & Probate, please contact our expert, trusted Private Client Team on 01283 743969 or email enquiries@astlepaterson.co.uk.

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