Will writing Solicitors Tyne & Wear

Wills

We offer fixed fees for Wills, Probates, and Lasting Powers of Attorney. Please enquire for details.

HMRC’s Trust Registration Service (‘TRS’)

IMPORTANT UPDATE – Trustees need to act promptly to avoid financial penalties

New rules have been introduced as part of the UK’s implementation of the Fifth Money Laundering Directive (5MLD), which extend the scope of the Trust register to all UK and some non-UK trusts, whether or not the Trust has to pay any tax. There are only a few specific exclusions and therefore if you have any form of Trust structure in place then it is really important to check what needs to be registered as such Trusts must be registered by 1st September 2022.

This could include Trusts set up during your lifetime e.g. Family Protection Trusts or Trusts contained in a Will of someone who has already died. 

Where there was a Trust in a Will of someone who has already died the Trust will then have begun and it may need to be registered. These can include, but are not limited to:

 

  • Property Trust giving a right of occupation e.g. where a now deceased spouse or partner has provided to the survivor the right to live in a property for the rest of their life or a life interest where someone is entitled to a right to income. These types of Trusts are sometimes set up for things like care fee protection and remarriage.

  • Discretionary Trust or a Flexible Life Interest Trust. These type of Trusts may have been set up to protect certain assets being used to pay for care fees, to ensure certain assets go to your intended beneficiaries if your spouse were to remarry after your death or to protect an inheritance being left to a reckless beneficiary. 

  • Trusts which impose age stipulations of beneficiaries, even these may need to be registered. 

  • If you were named as an Executor in a Will you are also likely to have been named as a Trustee in their Will too. Here is a helpful information sheet which also includes some useful links to the gov.uk website [INFORMATION SHEET].

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It is estimated that over 31 million adults in the UK do not have a Will. This means that these people run the risk of dying intestate ("which is the legal term to describe what happens when someone does not have a will") and having their estate distributed in accordance with the strict intestacy rules. This can be of particular issue for co-habiting couples, separated but not divorced couples and those with step children. Without having a Will in place, you run the risk of your estate being inherited by people you would not choose to inherit.

Unfortunately, we just do not know what is round the corner, which is why time really is of the essence when it comes to putting a Will in place and it is vital that you receive legal advice tailored to your situation.

Why Use a Solicitor?


Even the simplest Will has to comply with legal formalities and therefore to ensure that it is correct you should make it through a Solicitor. A Solicitor can put into precise legal language your wishes so there can be no doubt as to what you mean.

We sometimes see Wills which are ambiguous, or produce results by their wording that we believe that the persons who made them would not have wanted.

We also see Wills which are not properly executed (although no doubt the persons who made them thought they were) and therefore have no legal validity. A great majority of these Wills are either home-made ones or ones that people have tried to make themselves using a commercial form. 

 

Written instructions are no substitute for personal professional advice.

McKeag & Co make sure the process is as simple and as smooth as can be for both you and your executors after you have passed.

We have put together a list of 7 reasons as to why you should make a Will:

  1. It gives you the choice of who inherits your estate.

  2. It is less expensive to administer your estate if you have a Will in place.

  3. Having a Will in place makes it a lot easier for your loved ones after you have passed.

  4. You can appoint someone to be the guardian of your children should you pass away whilst they are minors.

  5. You can provide for vulnerable people and avoid affecting any benefits they receive.

  6. You can protect against Care Home Fees.

  7. We can make provisions to try to mitigate the risk of your Will being contested.

  8. In some cases a Will can reduce inheritance tax payable or even avoid it altogether.

 

 Book a free, no obligation advice appointment

Our Wills & Probate department covers all aspects of preparing wills and dealing with a person’s assets after they have died. We also give advice on bringing claims against an estate and on defending an estate against such claims.

 

We deal with the Court of Protection and the Office of the Public Guardian, in work that includes Powers of Attorney, Deputyship orders and Statutory Wills.

We all know the importance of making a Will and it is all too easy to put off.

 

Making a Will has at last been made simple. We offer a complete service in Will drafting as well as assistance with probate and inheritance tax matters.

 

At all times we seek to provide

  • Efficient and courteous service – we can visit you at home if you live locally, or take your instructions over the telephone.

  • A Will made in quick and easy steps – same day service can usually be provided for urgent cases. We do all of the work for you.

  • A Will tailor-made for you, drafted to meet your own circumstances.

  • Complete peace of mind that everything has been covered.

Our Fees

McKeag & Co have been established on Tyneside for over 100 years and during this time have been successful in obtaining millions of pounds compensation for people who have suffered abuse.

Call Us on (0191) 213 1010 to arrange an initial free consultation or alternatively contact us online.