Wills, Trusts and Probate

Probate is the name given to the procedure of the winding up of the Estate of somebody who has sadly passed away.


Probate is the name given to the procedure of the winding up of the Estate of somebody who has sadly passed away. When this happens, the Executor(s) of the Estate are under duty to carry out the administration of the Estate in accordance with the instructions left in the Will. The Executors will need to collect all of the required documentation and papers to make an application to the Probate Registry for a Grant of Representation which gives them the legal power and required proof to handle the affairs of the deceased’s estate. If there was no will, or the will did not appoint Executors, the Probate Registry will upon receiving the relevant requirements, issue Letters of Administration to serve the same purpose of a Grant of Representation. Obtaining Probate can be a strenuous task particularly if the Estate is subject to Tax (which could be any or all of the following; Inheritance Tax, Capital Gains Tax & Income Tax). Middleton Solicitors can help you every step of the way in obtaining the Grant of Representation and dealing with the liquidation and distribution of the deceased’s assets.

Wills & Trusts

Although Death is something most of us do not want to think about, statistics show that less than 25% of the UK population have not drafted a will. You should consider making a will or a trust if you have assets and want them to go to the people you wish after your death.

Things to consider

  • You may have to pay Inheritance Tax,
  • You have a complicated family position,
  • You run a business.

Although it is true that wills can be drafted online, there are many advantages in using a solicitor to draft it for you:-

  • You are protected if something goes wrong,
  • The complicated bits can be done for you,
  • Your will is stored safely by a solicitor

For further information, or for a quote, on any of our legal services please contact us by one of the following methods or alternatively please call in and speak to one of our advisors.

Lasting Powers of Attorney (LPA)
It is never nice to think a family member or friend may one day lost the ability to care for themselves, either financially or in regards to their health and welfare, it is a circumstance which is becoming more and more frequent. 
Although it is possible for Courts to authorise others to act as a Deputy for a family member or friend giving them the power to make decisions, this can be a costly and time consuming process. 
Lasting Powers of Attorney can be drafted so in the event of a family member or friend loses mental capacity, a nominated attorney can make decisions for them. 
There are 2 typs of Lasting Powers of Attorney (LPA):-
– LPA for Health and Welfare – this can cover where one should live, the medical care one should have, what one should eat. It can also give special permission for your attorney to make decisions about life saving treatment. 
– LPA for Financial Decisions – this can cover things such as buying and selling property, paying bills, investing money, paying the mortgage, repairing the property. 
Here at Middleton Solicitors, we can guide you through the process. 

Contact Wills, Trusts & Probate Team

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