Private Client

Wills

Having a will isn’t just for the elderly or the wealthy – it’s a vital legal document that ensures your wishes are respected and your loved ones are provided for after your death. Having a valid will give you peace of mind, no matter your circumstances. 

Setfords’ private client lawyers can help with all aspects of drafting a will, making sure your wishes are clear. 

We understand the importance of having a will, free from mistakes that could make it invalid. Drafting a will can be complex, but we are here to make the process simple. We’ll work with you to consider your circumstances and draft a will that suits you, including: 

• Who you’d like to manage your affairs after your death. 
• Who you would like to benefit from your estate and how. 
• Who you’d like to look after your children if you die whilst they are minors. 
• If there may be any potential claims on your estate from family members that you have not included and how to minimise the risk of these claims. 
• Whether or not your estate may be liable for Inheritance Tax, how this can be paid, and how to minimise liability.  
• What sort of will best suits your needs. 

Probate

Probate is the process of legally managing someone’s estate after their death. 

If they have a valid will naming executors, these executors must apply to the Probate Registry for a Grant of Probate. The executors are legally responsible for the estate, distributing it according to the will, arranging for payment of debts, paying Inheritance Tax (IHT) and more. 

If the person died without a will – known as dying ‘intestate’ – an application must be made for a Grant of Letters of Administration. It’s typically the next of kin who can apply for this. Setfords’ private client solicitors can assist you with the rules of intestacy, please get in touch for more information. 

Our extensive probate services also include: 

• Sorting through the deceased’s papers and contacting the various creditors and debtors of the deceased. 
• Obtaining valuations for the various assets of the estate. 
• Preparing the IHT accounts — this needs to be done before an application for probate can be submitted. 
• Drafting the oath for executors or administrators. 
• Collecting the assets of the deceased once probate has been obtained. 
• Distributing the estate in accordance with the will or intestacy rules. 
• Preparing the estate accounts. 

Inheritance Tax and Trusts

A Setfords private client solicitor can assist with all matters relating to trusts and inheritance tax. 

Inheritance Tax (IHT) 

IHT applied at a rate of 40% on all assets over the Nil Rate Band of £325,000. This includes assets held worldwide. IHT impacts around one in six estates in the UK.  

Trusts 

A trust is a legal arrangement in which trustees manage and hold assets on behalf of one or more beneficiaries. Trusts are commonly used to reduce tax liabilities and protect wealth for future generations. 

Setfords’ private client lawyers can assist you in drafting a tax-efficient will, as well as setting up trusts based on your individual circumstances.

Power of Attorney

A Power of Attorney is a legal document that enables others to make important decisions on your behalf if you’re unable to do so. 

A Lasting Power of Attorney means your loved ones can make decisions if you lose mental capacity due to illness or injury.  

General or Ordinary Powers of Attorney also enable others to make decisions for you if you’re temporarily able to but still have mental capacity, for example, if you’re abroad. 

Our private client solicitors will help you navigate powers of attorney with confidence, ensuring your power of attorney reflects your wishes and meets all the legal requirements to give you peace of mind.

Change of Name

If you want to change your name by deed poll (a legal document that confirms the change), our private client lawyers can assist. We’ll look over your documentation to ensure it is correct, helping the name change process go smoothly. 

You don’t always have to go through deed poll to change your name, though some kind of other evidence is typically required by certain organisations and public bodies. For example: 

• In the case of a marriage or civil partnership, the marriage certificate can serve this purpose.  
• When getting divorced, many people choose to revert to their previous name and the Conditional Order or Final Order acts as proof of the change. 
• A letter from a responsible person, such as a GP, solicitor, minister, priest or MP. 
• A public announcement, like placing an advert in a local or national newspaper. 
• A statutory declaration, which will need to be witnessed by an independent solicitor. 

If you’re changing a child’s name, the consent of all parties with parental responsibility is required. 

Get in touch for assistance with your change of name today.