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Making a Will

Everyone should make a Will. None of us know what the future holds and so, whatever your age, it can be sensible to plan for what will happen to your assets after your death.

Whether you want to ensure your family are provided for, appoint guardians for your children, reward friendships or ensure that your assets pass to particular people, making a Will can provide peace of mind and prevent legal problems for your family later on.

Many people misunderstand what will happen if they die without making a Will. They assume that their property will automatically pass to their partner. This may not be the case – particularly so if you are not married or in a civil partnership and want your assets to pass to the person that you are living with.

Dying intestate (i.e. dying without a Will) may also mean that more tax is paid on your death than would have been the case had there been a Will. Will disputes may also be avoided through a carefully drafted Will.

How Clarke Willmott can help

We can advise on the best way to ensure your wishes are met and your family properly provided for. From first interview to signing your Will, our experienced and friendly solicitors will put you at ease and explain what is involved in plain English.

Our specialist Wills solicitors are experienced in using Wills and trusts for complex inheritance planning, asset protection and tax mitigation. We often advise on the following types of Wills:

  • Asset Protection Wills – these Wills are designed to protect your property and assets against claims from 3rd parties which means your beneficiaries will receive the maximum benefit from your estate.
  • Next Generation Protection Wills – these Wills ensure that married couples (or people in a civil partnership) can protect their children’s inheritance from 3rd party claims such as bankruptcy, divorce and taxation.
  • Family Protection Wills – these are a combination of our Asset Protection and Next Generation Wills providing asset protection for each generation of the family.
  • Second Marriage Wills – designed for couples in second marriages, following the death of their earlier spouse or partner. These Wills ensure that assets pass to specified beneficiaries, who are often children from the earlier marriage or civil partnership.
  • Exempt Assets Inheritance Tax Plan – these Wills contain trust provisions which take full advantage of the inheritance tax reliefs available for certain business and/or agricultural assets. Elements from our Next Generation, Asset Protection and Family Protection Wills can also be added to this type of Will.
  • Property Fragmentation Wills – these Wills can enable you to reduce inheritance tax by placing part of a property into a trust. Elements of our Asset Protection, Next Generation and Family Protection Wills can also be included in this type of Will.
  • Foreign Property Wills – we have a wealth of experience in drawing up Wills for clients who hold foreign property. We have a network of specialists across the world to ensure that the overseas aspects of your estate are properly dealt with.

Find the best Will for you

Whilst a complex Will needs to be discussed and drawn up with a solicitor, our Which Will? questionnaire is designed to help you consider what is important to you when making a Will. It takes a couple of minutes to complete and you will receive information about which of our Will packages we believe best meets your needs.

Find your will

Specialists in international Wills, trusts and probate

Our specialist Wills and trusts solicitors can advise on the most effective and tax efficient solution for disposing of assets held overseas. For example:

  • Advising on whether an English or local Will is more appropriate.
  • Drafting an English Will for a foreign national with property or business interests in England and/or Wales.
  • Advising on the use of overseas trusts including domicile and tax considerations.
  • Collecting in foreign assets or re-sealing overseas Grants of Probate in the UK.
  • Advising on Deeds of Variation of inheritances from abroad to create Excluded Property Trusts.

Whenever needed, we can call upon the services of our carefully chosen, trusted legal partners in multiple jurisdictions for up-to-the-minute local advice.

Executorship

Clarke Willmott (through Clarke Willmott Trust Corporation Limited) can act as executor of your Will. This can avoid the costs and inconvenience of replacing an individual if they fall ill or die. Acting with a family member it can provide an independent and impartial voice to the process of winding up an estate.

Importantly we do not charge any additional fee for acting as executor or trustee. This means your estate will benefit from the same advice at the same cost as individual trustees and executors would have, but without the responsibility and personal risk falling on their shoulders.

So don’t delay any longer. Contact us now for more information on making a Will to protect your family and maximise the value of your estate.

Contact a Wills solicitor

For advice about writing a Will, contact one of our specialist Wills solicitors on 0800 652 8025 or contact us online. We have offices in Manchester, London, Bristol, Cardiff, Southampton, Taunton and Birmingham.

Your key contacts

Carol Cummins

Consultant

Bristol
Carol enjoys long term relationships with her clients and likes to get to know the families well so that she can help them at each key step in life with a focus on protecting the family wealth from erosion by tax and outside claims so it remains in the family for future generations.
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Tom Chiffers

Partner

Taunton
Tom is a Partner in Clarke Willmott’s Taunton Private Capital team, specialising in inheritance tax and succession planning for private individuals, farmers and other business owners.
View profile for Tom Chiffers >

Paul Davies

Partner

Manchester
Paul is a Partner and head of the private capital team in Clarke Willmott’s Manchester office. Paul specialises in estate planning, Wills, & trusts for clients with complex family and finance arrangements.
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