Bartletts Solicitors

Helping Chester & Wrexham Families & Business For Over 158 Years

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Caia Park Solicitors

Caia Park SolicitorsIf you’re looking for Caia Park solicitors, we are here to help. With vast experience in a wide range of legal issues, we couple exceptional legal expertise with unrivalled local knowledge.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

From the first time I contacted Bartletts to the end of my claim my case was handled very professionally. I can’t speak highly enough of Mr M Farr and all the team. They kept me updated regularly and were always very helpful. I would like to thank them all for all the help and support I received. You went above and beyond.

Our Caia Park solicitors work with our network of offices around the UK, providing legal advice on areas as diverse as personal injury and agricultural law. Just some of our specialisms include the following:

Personal Injury Solicitors

Our Caia Park solicitors specialise in assisting clients who have been involved in a no-fault accident, including road traffic accidents, accidents at work, and holiday accidents.

Our Caia Park solicitors firmly believe that anyone involved in an accident that wasn’t their fault should be able to pursue the compensation they deserve for their pain, suffering, and loss of amenity, as well as any financial losses. That’s why we act for many of our clients on a no-win, no-fee basis.

Housing, Mould & Disrepair Solicitors

Our Caia Park solicitors frequently represent tenants of both private properties and social housing living with issues such as mould. We have extensive experience in all types of housing disrepair matters, including damp, mould, and vermin problems, gas and water leaks, and structural issues.

We understand how stressful living with housing disrepair issues can be, and we take prompt, decisive action to resolve the problem as swiftly as possible.

Wills And Probate Solicitors

Many of us put off making a will, but it’s a vital step in ensuring our assets go to the people and causes we love when we’re no longer here. Our Caia Park solicitors are on hand to guide and support you through the will-making process, ensuring the arrangements you put in place accurately reflect your intentions.

In addition to assisting with drawing up a will, our Caia Park solicitors can advise on all other estate administration matters, including inheritance tax and powers of attorney.

Conveyancing Solicitors

Our Caia Park solicitors offer a comprehensive residential and commercial conveyancing service. Our exceptional legal expertise and in-depth knowledge of the local property market enable us to provide practical as well as legal advice, so you can be confident that the choices you make are right for you.

Agricultural Law Solicitors

Our Caia Park solicitors assist clients who are new to farming as well as those who have worked in the industry for generations. Our expertise covers all agricultural law matters, including landlord and tenant, farm business tenancies, capital gains tax, and environmental law.

Why Choose Our Caia Park Solicitors?

We understand that the choice of solicitors is vast, so when you choose our Caia Park solicitors to assist you with your legal issue, we go above and beyond to provide first-class legal advice and outstanding levels of client care.

Just some of the reasons our valued clients return to us time and time again for legal advice include the following:

Our Experience

We have been providing legal services for over 160 years. During that time, we have developed an outstanding reputation for providing high quality legal advice tailored to our client’s individual needs.

Our Exceptional Client Care

Client care is at the heart of everything we do, and we work tirelessly to secure the best possible outcomes for our clients. We regularly receive feedback from clients commenting on our ‘excellent communication’, ‘impeccable’ manner, and ‘speed and diligence’.

Our Commitment To Wales

We are incredibly proud to have a presence in Wales. We are committed to providing the very best levels of service to people living locally and throughout North Wales, offering a Welsh language service to those who’d like to use it. Many of our solicitors were born in the local area and have close ties to it, making them ideally placed to understand the needs and concerns of local people.

Our Cost-Efficiency

We understand that many of our clients worry about the potential costs involved in a legal issue. We will always discuss fees with you at the outset of a matter, and work with you to find a payment option that works for you. For example, we are often able to run personal injury cases on a no-win, no-fee basis, and offer a fixed-fee service for some other types of work.

However you fund your matter, you can be sure that our Caia Park solicitors provide their services in the most cost-efficient way possible. We avoid the cost of litigation wherever possible, and instead we frequently negotiate favourable settlements for our clients. We will make sure you know where you stand with costs at every stage of your matter by providing regular quotes, invoices, and breakdowns, and we will answer any queries you have about any aspect of your matter, including costs, swiftly and comprehensively.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

I was very impressed by the speed and diligence with which my case was handled

     

     

     

     

     

     

    Flintshire Solicitors

    flintshire solicitorsOur Flintshire solicitors are proud to serve clients in and around Flintshire, Wrexham, and throughout North Wales. We offer a Welsh language service for those who wish to use it and provide legal advice that rivals that of much larger firms with the personal service of a local practice.

    To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

    Admin staff answered phone promptly and were always friendly and cheerful. My questions and concerns were always addressed promptly and response to was was swift. My conveyancer took great care to explain complex issues and ensure I understood. I felt he always had my best interests at heart.

    What do our Flintshire Solicitors Specialise In?

    Our Flintshire solicitors offer a wide range of legal services and have experts in many different areas of law, including the following:

    Housing, Mould & Disrepair Solicitors

    Our housing, mould, and disrepair solicitors specialise in assisting tenants living in substandard conditions. We have an excellent track record in forcing both private and social landlords to adhere to their legal obligations and pay our clients the compensation they deserve.

    Residential Conveyancing Solicitors

    Our Flintshire solicitors have an exceptional insight into the local property market, making us ideally placed to assist clients with all aspects of residential conveyancing. Whether you’re a first-time buyer, moving to a new home, or buying an investment property, we are on hand to provide the legal and practical advice you need.

    Commercial Conveyancing Solicitors

    Our Flintshire solicitors regularly assist local businesses with all types of commercial conveyancing issues, including commercial leases, land development, and buying and selling commercial premises. We offer expert legal advice tailored to your commercial needs, ensuring your business interests are fully protected.

    Agricultural Law Solicitors

    Our agricultural law solicitors specialise in assisting those working in modern farming navigate the host of issues they face. We have a thorough understanding of all aspects of agricultural law, including contract farming, capital gains tax, and quota transfers.

    Personal Injury Solicitors

    Personal injury law is at the heart of what our Flintshire solicitors do. We advise clients who have been injured in all types of accidents for which they were not at fault, including road traffic accidents, accidents at work, and slips, trips, and falls. We have developed a specific niche in representing clients who have been injured in accidents in hair and beauty salons and laser clinics.

    Wills And Probate Solicitors

    Our Flintshire solicitors offer a comprehensive service to clients in need of wills and probate advice. We can assist you in drafting a will that accurately mirrors your wishes and ensures the assets you have worked so hard to accumulate go to those you love. We routinely work with executors and administrators, helping them adhere to their many legal obligations and avoid incurring any personal liability when administering the estate for which they are responsible. We advise clients involved in will disputes, fully protecting their interests while seeking to preserve important family relationships.

    What Can Our Flintshire Solicitors Offer You?

    Outstanding Expertise

    Our Flintshire solicitors are true experts in what they do. Our commitment to employing the very best legal professionals and supporting them in their ongoing professional development has led to us to become market leaders in our practice areas.

    Excellent Client Care

    At Bartlett’s, our client’s interests are at the heart of everything we do. Our Flintshire solicitors understand that many of our clients have had no previous involvement with legal issues and may feel apprehensive about the process. We go above and beyond to put our clients at ease and ensure they feel fully supported from the outset of their case until its conclusion. We are committed to building long-lasting working relationships with our clients, many of whom recommend us to their family and friends and return to our Flintshire solicitors time and time again for assistance with their legal matters.

    A Commitment To The Local Area

    Many of our Flintshire solicitors have strong ties to the local region, having been born here and making the area their home. As a result, we really care about our local community, and we believe they deserve the very best legal advice at competitive rates.

    Value For Money

    Our Flintshire solicitors are committed to providing our clients with real value for money. We offer a range of funding options, including no-win no-fee arrangements for personal injury cases and fixed-fee arrangements for some other matters.

    We charge for most of our work on an hourly basis, and we offer extremely competitive hourly rates. Where possible, we will provide a quote for your entire matter at the outset, to enable you to budget accordingly. Where we can’t do that, for example, because we don’t know how the other side will respond, we can provide quotes for each stage of the matter. We will keep you updated with regular fee breakdowns so you can see the work our Flintshire solicitors carried out at each step.

    To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

    I am very satisfied with your service thank you so much.

      If Someone Has Dementia, Can They Make A Will & Lasting Power Of Attorney?

      Making plans for what happens to your estate when you die can seem daunting, but in our experience it’s always worth putting plans in place sooner rather than later simply because the future is unknown.

      It is estimated that around 900,000 people in the UK are currently living with dementia and although the bigger risk of developing dementia occurs after 65, more than 40,000 individuals under 65 have early-onset dementia.

      What happens if you develop dementia before you’ve finalised plans for your estate? Can you still make a Will or Lasting Power of Attorney (LPA)?

      It is possible for you or your loved one to make a valid Will or LPA if you are living with dementia – as long as you have the mental capacity to do so.

      Wills & Dementia

      Thankfully, there are times we are able to help clients with dementia to make a Will, but it is far from straightforward and there is an increased risk of a claim being made against the person’s estate after they die.

      The challenge is proving the individual has the mental capacity to make a Will despite their dementia diagnosis.

      If you or your loved one can still understand enough to make decisions about the Will, then you can make a Will. Speak to a solicitor for legal guidance and it’s advisable to get a statement from your doctor to confirm you have the mental capacity at the time of writing your Will, as this will help to avoid disputes later on.

      What If You Can’t Make A Will Because You Have Dementia?

      If it’s too late for you or a loved one to make a Will, then what happens next depends on whether there is an earlier Will.

      If there is a valid Will that was made earlier, then this will stand as your legally valid Will.

      If no Will exists, the rules of intestacy will apply when you die – unless family members ask the Court of Protection to approve a statutory Will on your behalf as a statutory Will is designed to detail those wishes someone would make if they had the mental capacity to make their own Will.

      LPAs & Dementia

      Both types of Lasting Power of Attorney (LPA), the ones for property and finances, and the ones for health and wellbeing, enable someone to appoint an attorney or attorneys to make decisions on their behalf if they lose the mental capacity to do so themselves.

      To make an LPA, you must have the mental capacity to make decisions.

      You can still have the capacity to make one if you or a loved one has dementia because your solicitor can assess your mental abilities referencing the Mental Capacity Act 2005.

      A 2022 case provided clarity on what mental capacity for LPAs means, stating the need for “relevant information” and the ability to retain it.

      The information a person needs includes an understanding of:

      • The effect of the LPA
      • Who the attorneys are
      • What powers the attorneys have
      • When the attorneys can use their powers
      • How the attorneys can use their powers
      • Having the power to revoke the LPA when they have the capacity to do so

      To make an LPA, a Certificate Provider must sign it to verify that the individual understands all they need to with regards to the LPA – which provides both reassurance at the time that the person has the mental capacity to make an LPA and helps to prevent future LPA disputes.

      It’s worth noting that an LPA is only legally valid once it is registered with the Office of the Public Guardian, so don’t forget to register the document once it is completed and signed.

      What If You Can’t Make An LPA Because You Have Dementia?

      If you or your loved one’s dementia is advanced and this means there is an inability to make decisions, you can’t make an LPA.

      In this situation, there are 2 options for you or a loved one:

      • Apply to be a deputy
        You can apply to the Court of Protection to be your loved one’s appointed deputy. As deputy, you have legal rights to make decisions for and on behalf of your loved one. It is similar to having an LPA in place but comes with more restrictions and management, and can take a while to set up.
      • Appoint a professional deputy
        You can appoint a professional deputy, such as Bartletts Solicitors, to make decisions for and on behalf of your loved one.

      Seek Medical Opinions To Prevent Future Challenges

      If there are concerns about your or your loved one’s mental capacity to make a Will or an LPA, ask for a medical professional’s opinion. You can arrange for a doctor to run an independent assessment of mental capacity or to provide a written medical statement to confirm you have the mental ability to understand and make this decision.

      How We Can Help You With Your Concerns Over Making A Will Or LPA With Dementia

      Our Wills and probate team of solicitors can help you or your loved one if you have dementia and want to put a plan in place to protect your estate and family.

      Our friendly approach and thorough understanding of this complex area of law has enabled us to help many clients with dementia to put plans in place to protect loved ones.

      It’s always best to act sooner rather than later and with our help, we’ll make the process as straightforward, effective and stress-free as possible. We can help with drafting Wills, assessing if a Will is legally valid, securing court approval for a statutory Will, creating an LPA, or applying to be a loved one’s deputy.

      To speak to us about making a Will or an LPA if you or a loved one has dementia, please please contact us or email advice@bartletts.co.uk

      Can I Change A Will After Someone Has Died?

      Changing A Will After Someone Has Died

      A Deed of Variation can be used to change a Will, or alter the outcome of the rules of intestacy, after someone has died.

      Why Use A Deed Of Variation?

      A document that is used by the beneficiaries of an estate to redistribute assets they are due to inherit, a Deed of Variation is useful if the outcome of a Will or the rules of intestacy are seen as unfair by the beneficiaries.

      There are many scenarios when a Deed of Variation is appropriate to use, including:

      • If a family member has been excluded
        For example, if a Will or the rules of intestacy results in a child or a dependent being left out who the deceased would have wanted to benefit from the estate, you might choose to redirect some of your share of the inheritance to this person.
      • Not needed
        If you don’t need your share of the inheritance but a family member does, you might choose to redirect it to them.
      • Charitable donation
        You might want to give some of your inheritance to charity.

      Why Not Just Gift Your Share Yourself?

      By gifting your share of inheritance through a Deed of Variation, you are able to avoid any tax implications involved by ensuring the gift is from the deceased rather than from you.

      This means you don’t need to survive for 7 years after making the gift to avoid inheritance tax and capital gains tax liability on your estate when you die.

      It also means you can take advantage of any available tax benefits at the time of gifting. For example, if property is redirected to a direct descendant, then the estate can use their Residence Nil Rate Band allowance if property was not previously being gifted to a direct descendant. Or if 10% of the estate is redirected to be gifted to a charity, the inheritance tax rate for the estate would decrease from 40% to 36%, which could result in big savings for the beneficiaries.

      Another option is to redirect any inheritance into a trust to provide asset protection for future generations. This may also reduce tax liability for the estate.

      How Can You Use A Deed Of Variation?

      A beneficiary can only change the distribution of their share of the estate and not the shares of other beneficiaries.

      Beneficiaries can choose to redirect their inheritance so that they all give a share of their inheritance to the individual or charity, or a beneficiary can choose to give a share of their inheritance – either way, the agreement of anyone else affected by the decision is needed for this to happen.

      To use a Deed of Variation, the redistribution must be agreed by any beneficiaries who are impacted by the changes. All those affected must be over the age of 18.

      The Deed of Variation needs to be signed by the Will executor or by the administrator of the estate.

      When Can You Use A Deed Of Variation?

      You can make a change using a Deed of Variation before or after obtaining a Grant of Probate. It must be within 2 years of the deceased’s death to take advantage of any potential tax benefits.

      How We Can Help You With Your Deed Of Variation

      Our specialist Wills and probate solicitors can help you when it comes to changing a Will or the outcome of the rules of intestacy after someone has passed away.

      We can advise you on the appropriateness of using a Deed of Variation to redistribute assets you’re due to inherit, as well as help you in the creation of one.

      With our help and guidance, you’ll be able to make any changes to the Will or outcome of intestacy to redirect your inheritance or redistribute a share of your inheritance, in the most straightforward and tax efficient way possible.

      To speak to us about Deeds of Variation and changing a Will after someone has died, please contact us or email advice@bartletts.co.uk

      What Happens If A Will Is Missing?

      If you are the surviving spouse or relative and know that a Will has been written but you’re unable to find it, what happens next?

      Bartletts Solicitors estate administrationAs a guide, you should conduct a thorough search to try to find the Will before assessing your options – depending on the outcome of your search, you might need to seek legal advice to distribute the estate according to your loved one’s wishes and ensure the rules of intestacy do not apply.

      Searching For A Will

      To ensure the deceased’s estate is distributed according to their wishes rather than the rules of intestacy, you need to find their original Will.

      There are key places to search for the Will, including:

      • Home
        Many people keep their Will at home, often in a safe or with other important documents, so searching the deceased’s home is a good place to start.
      • Friends & Family
        Speak to friends and family members of the deceased, to see if they are storing the Will – at the very least, if it’s not with them, they might know where it is being stored.
      • Bank
        Some people store their Wills at their bank or building society so it’s a good idea to check here too.
      • Solicitors
        Many people store their original Will with their solicitor’s firm, to ensure it is kept safe. If the deceased’s local solicitors’ firm has closed, you can contact the Solicitors Regulation Authority for details of the company that took over from the firm.
      • National Will Registry
        More than 10million Wills are registered with the National Will Registry so it’s worth checking the registry.

      What Happens If You Can’t Find The Original Will?

      The answer to this question depends on the particular circumstances surrounding the missing Will.

      The Will Was Destroyed

      If the original Will cannot be found but it was believed to have last been with the deceased, the legal assumption is that the Will has been destroyed with a view to it being revoked.

      When this happens, loved ones need to provide evidence to show the deceased did not intend to revoke it.

      The Will Was Never Made

      If the Will cannot be found and it is believed there wasn’t one in the first place, then the rules of intestacy apply.

      Only The Copy Is Found

      If the original Will isn’t found but a signed copy is, then loved ones can apply to the Probate Registry under Rule 54 of the Non-Contentions Probate Rules 1987, for an Order that enables them to prove the copy is legally valid.

      No original or copy can be located

      We always recommend that a Missing Will Search is undertaken.  There are various companies that can undertake a Will search for a fee which would be payable from the estate.  This can protect family members in the event that a Will is later found, when the estate has been dealt with previously on the basis that there was no Will. It can also be advised that Missing Will Insurance is taken out.

      For this Order to be successful, relatives will need to provide evidence that the copy is the same as the original Will and that the original has been lost rather than destroyed and revoked. The Registrar will also need to be satisfied that every person who would be entitled to the estate, if there was no Will in existence (i.e. under the Rules of Intestacy) are in agreement with a copy of the Will being proved.

      How We Can Help You When A Will Is Missing

      When a Will can’t be found or only a copy of the Will can be found, it can be stressful for loved ones to prove that the original wasn’t revoked by the deceased and that their estate should still be distributed according to their wishes rather than the rules of intestacy.

      It is a complex area of law, but our specialists have the knowledge and experience to help clients with lost Wills and estate administration. Our solicitors will provide expertise together with advice and guidance on searching for the Will and providing the necessary evidence for the Will to be deemed legally valid, to ensure the best possible outcome for you in this situation.

      To speak to us about your missing Will, please contact us on 01244 311 633 or email advice@bartletts.co.uk

      What Is Probate?

      Probate is the legal authority to handle someone’s estate when they die – this includes organising and distributing their possessions according to the wishes expressed in their Will or to the rules of intestacy if they don’t have a Will.

      Bartletts Solicitors What is ProbateA legal document, probate provides the right for an individual to distribute an estate and complete the process of probate – also referred to as estate administration.

      Who Can Apply For Probate?

      If there is a Will, the person named as an executor within the Will can apply for a grant of probate. If there is no Will, the closest living relative can apply for a Letters of Administration document.

      What Does Probate Do?

      By getting a grant of probate or Letters of Administration, the executor or personal representative is able to access the deceased’s estate. The estate includes all property and possessions.

      With probate, the individual has the legal right to access the deceased’s bank account and to organise their property and possessions, ready to distribute to the beneficiaries.

      How Long Does Probate Take?

      The probate process varies depending on the size and complexity of the estate. For smaller and more straightforward estates, it takes between 2-4 months to get a grant of probate or Letters of Administration.

      To complete the process can take several months and even years, depending on the nature of the estate.

      Is Probate Always Needed?

      No, probate is not normally needed for estates worth less than £5,000.

      Spouses and civil partners are usually exempt from probate as jointly owned property would automatically pass to them anyway. However, probate would still be needed for any property the deceased owned in their own name or property owned as tenants in common.

      To check if probate is needed, you could contact the deceased’s financial organisations such as bank or mortgage provider to ask if you can transfer assets without probate. Each organisation has its own rules on probate.

      Can You Complete Probate Yourself?

      Yes, you can apply for probate and handle the estate administration yourself. Or you can use a specialist probate solicitor who would ensure the process is completed efficiently and accurately.

      How We Can Help You With Probate

      Our specialist probate solicitors have the legal knowledge to assist you with your application for a grant of probate or Letters of Administration as well as carry out all duties for estate administration on your behalf.

      Whether it is to distribute the estate according to the deceased’s Will or the rules of intestacy, our probate solicitors will help you by speeding up the process for you and providing the reassurance that everything has been done on time and with full compliance.

      To speak to us about probate or administering an estate on your behalf, you can arrange a face-to-face consultation with one of our specialist solicitors in our Bartletts Solicitors Hoole office at Martins Bank Chambers, 31 Hoole Road, Chester CH2 3NF. Alternatively, you can contact us on 01244 311 633 or by email on advice@bartletts.co.uk

       

      Gifting Property To Children

      Gifting property to your children can be a great way to pass money onto loved ones and ensure they are provided for in the future. The process can come with the added benefit of reducing inheritance tax (IHT) implications or protecting the property from a sale at a later date to fund care home fees.

      Conditional Gifts in wills Bartletts Solicitors ChesterHowever, gifting property to children needs to be carefully structured as the rules are complex and the benefits won’t automatically arise from giving away your assets.

      What Should You Consider When Gifting Property To Children?

      Inheritance Tax

      The gifted property will only be exempt from IHT if the gift is made 7 years before you die. However, there are exceptions to this rule and HMRC won’t recognise the property as a true gift in some circumstances and will include it in your estate for IHT purposes.

      Gifts With Reservation Of Benefit

      To be considered a true gift, there needs to be no benefit from making the gift. If there are benefits, then HMRC will view the gift as a GROB (gift with reservation of benefit) and make it part of your estate for IHT calculations.

      A key example of a GROB is when parents gift their home to their children but continue to live in the property. Transferring the legal ownership isn’t sufficient if the parents still benefit from the property by living there – it is not considered a true gift.

      To be a true gift, the property needs to be transferred legally to the children and either vacated by the parents or the parents agree to pay the market rent.

      Capital Gains Tax

      If the property is the main home, there should be no capital gains tax to pay, but there will be CGT payable if the property is a second home or a rental property.

      Stamp Duty Land Tax

      If the gift is a true one, there will be no stamp duty land tax as no money would have changed hands. However, stamp duty is payable if there is a mortgage on the property or a price was paid for the property.

      Care Home Fees

      By gifting property to your children, you can ensure that it is not included in your estate as part of the assessment for care home fees. However, this is a complex area of law as the gift can be scrutinised by the local authority and still included in their assessment for care home fees, and needs to be handled carefully.

      No Guarantees

      You no longer own the property and might not have anywhere to live if your children decide you can’t stay in the property or to sell the property.

      Bankruptcy

      If your children are declared bankrupt after you gifted the property, you might lose the ability to live in the property as it could be sold as a result of the bankruptcy.

      Divorce

      If one of your children goes through divorce proceedings after you gifted the property, the property becomes an asset in the divorce settlement, and you might not be able to continue living in the property. You may also lose the ability to keep the house within the family depending on the outcome of the divorce proceedings.

      Legally Binding

      Unlike a Will which can be changed and updated according to your circumstances, a gift is binding, and you can’t reverse any gifts that you make.

      Early Death

      If your children die before you do, the gifted property becomes part of their estate and will pass according to their Will or the rules of intestacy. The property could pass to someone you don’t wish to benefit.

      How We Can Help You With Gifting Property To Your Children

      Our specialist Wills, probate and trusts solicitors have the expert knowledge and extensive experience of helping clients structure property gifts in the most effective way possible – one that results in the best possible benefits for their individual circumstances.

      Estate planning is complex and we will help you to plan for your future, including gifting property to your children in the right way for your situation. By ensuring that you consider every aspect and implication of gifting property, you will be able to choose the best option for you and your loved ones when it comes to passing wealth on to loved ones.

      To speak to us about gifting property to your children or any aspect of estate planning, please contact us on 01244 311 633 or email advice@bartletts.co.uk or complete a Free Online Enquiry and we will soon be in touch.

       

       

      Why Put A Condition On A Gift In Your Will?

      Conditional Gifts In Wills

      Making a Will is a big and vital thing to do – after all, choosing how to distribute your estate, everything you own, is hugely important.

      Conditional Gifts in wills Bartletts Solicitors ChesterDeciding who will inherit, how much and what exactly, are difficult decisions to make. These decisions are made all the harder if you have any concerns about a beneficiary.

      Why Put A Condition On A Gift In Your Will?

      There are a number of different reasons for putting conditions on gifts in a Will, which may include:

      • Family relations
      • The age of the beneficiary
      • The circumstances of the beneficiary
      • Second marriages

      Individuals usually use conditional gifts to keep control over their assets after they die, to allow for greater flexibility over when and how a beneficiary receives their inheritance.

      Examples Of Conditional Gifts

      Examples of conditional gifts include:

      • Putting a condition on the money left to a beneficiary that they can only receive the money once they turn 18 or 21 or a stated age
      • Putting a condition on an asset left to a grandchild that they graduate from university before they receive their inheritance
      • Including a life interest trust in the Will to ensure the assets only pass once certain conditions are met – this is usually used for couples with children from previous relationships, so the assets only go to their children once the new partner dies

      Should You Put A Condition On A Gift In Your Will?

      With careful consideration, putting a condition on a gift gives you greater control of your assets after you die. By doing so, the asset is passed to the beneficiary according to your wishes.

      However, if a conditional gift is added to your Will that is unlikely to happen then the beneficiary may end up with no inheritance. The conditional gift must be included in your Will in the clearest way to avoid any misunderstanding or complications with the administration of your estate.

      Our specialist solicitors are here to help and advise you with the planning of conditional gifts and their inclusion in your Will, to make sure the conditions on a gift are appropriate, sensible and legally valid. Furthermore, we will ensure any conditional gifts in your Will fully reflect your wishes, for now and for the future.

      To find out more about putting a condition on a gift in your Will or to speak to one of our specialist solicitors about your Will, contact us on 01244 311 633 or email advice@bartletts.co.uk

      Alternatively, you can Make An Online Enquiry and one of our team will be in touch with you as soon as possible.

      Blended Families & Wills – What’s Best?

      Dealing with blended families in a Will is more complicated than some family set-ups because of the need to ensure both partners and all the children are protected and provided for in the future.

      Bartletts Solicitors can help with making a Will for your blended familyWhat Is A Blended Family?

      A blended family consists of a couple who’ve formed a new relationship or remarried and one or both partners have children from a previous relationship. They may then have children together at a later date.

      This means that as well as looking after your partner, you will want to protect and provide for your children when you die.

      Why Make A Will?

      If you die without making a Will, the rules of intestacy decide who inherits your estate. With a blended family, this could result in your children or your partner’s children inheriting nothing from either estate when you or your partner dies as stepchildren are not provided for under these rules.

      Which Will Should You Make?

      Many couples opt for a so-called mirror Will that leaves everything to the surviving partner when one dies, with everything divided up between their children when the surviving partner dies. However, this is not always ideal for a blended family as there is no protection for your children and the surviving spouse could write a new Will when you die or remarry which would revoke the original Will, or one partner may have contributed a bigger share of the assets and want this ringfenced for their own children.

      A good solution for blended families is a life interest trust as this enables you to protect the surviving partner as well as your children. With a Will trust, the surviving partner can continue to live in the home you share until they die. At this point, the house is often sold, and each share of the assets then passes to the respective children.

      You can tailor your life interest trust to suit the needs of your blended family. For example, you can state that the trust ends also when the surviving partner remarries or moves into a care home as well as when the surviving partner dies.

      As an extra safeguard in your Will, you can add a Declaration of Trust. This is a statement that details the amount of contribution each partner made to the purchase of the property, so that when the property is later sold, the money can be split according to the original investment amounts.

      Helping To Protect Your Blended Family

      Writing a Will enables you to protect your blended family and ensure loved ones inherit according to your wishes rather than the rules of intestacy when you die. By creating a life interest trust and adding a Declaration of Trust to your Will, you can ringfence your children’s share of your estate and keep it safe for them, even if your surviving partner writes a new Will after your death or remarries.

      With our specialist advice and support, you can draft the perfect Will for your blended family – one that provides the right protection for your partner and children in the future and ensures you can look after your loved ones long after you’re gone.

      To speak to one of our solicitors about making a Will for your blended family, please contact us at our Chester office in Hoole on 01244 311 633 or email advice@bartletts.co.uk or complete a Free Online Enquiry and we will soon be in touch.

      Why Do You Need A Solicitor For Estate Administration?

      Losing someone can be a sad and distressing time – and handling their affairs following their death is never easy at such a difficult time.

      Probate is the process of managing a person’s estate after they die, and a probate solicitor can help ensure their wishes are carried out fully.

      Why Do You Need A Solicitor For Probate?

      Peace of Mind

      Dealing with someone’s estate comes at a time that is naturally upsetting for those involved. Using the service of a specialist probate solicitor provides total peace of mind – not only thanks to knowing your loved one’s wishes will be fully respected and fulfilled but also from the assurance that as an executor/administrator you are carrying out your duties in the correct and most efficient way.

      Help With The Whole Process

      Probate can be a complex process as it includes the following:

      • Sorting personal finances, assets and property
      • Settling any outstanding debts
      • Paying any taxes owed
      • Distributing the remaining estate as inheritance to those named in the Will first or to those entitled to an estate under the Rules of Intestacy.

      A solicitor will help you carry out your duties as the person responsible for distributing the estate.

      As an executor, you need to apply for a Grant of Representation, a legal document that gives permission to deal with a person’s estate. Your solicitor can help you with the application and then provide assistance with handling the estate.

      This includes help with making sure the right tax is paid, identifying and resolving any potential issues with the estate or inheritance, and ensuring everything is carried out legally and efficiently.

      Help With Any Complexities

      Just as every estate is different, the process of estate administration is unique for every individual – and it depends on the instructions left by the deceased, if any.

      Complexities can arise during the probate process but fortunately a specialist solicitor can help you resolve these issues in the most straightforward way.

      For example, if your loved one’s final wishes are not reflected in their Will then it is possible for the Will to be changed after their death. However, it is only possible to make changes to the share of inheritance given to you and a deed of variation must be prepared in order to make any changes.

      Similarly, if someone dies without a will, a deed of variation can also be prepared to reflect someone’s express wishes.

      You solicitor can help you with this application and with handling the process if your application is accepted, as this can be a difficult and upsetting procedure.

      To find out more about the process of estate administration or to speak to one of Bartletts specialist solicitors about handling a loved one’s estate, contact us on  01244 311 633 or email advice@bartletts.co.uk

      © Bartletts Solicitors Limited 2024 – Offices in England and Wales