Wills & Trusts

Will specialists covering the North Lincs area

Tyto Law

Make a will from just £150 (+VAT)

For most of us, death, illness and taxes are all subjects we don’t wish to dwell on. But in reality, they are all important issues that affect us and our family, and where we can exert some control we ought to do so.

I can come to you, in the privacy and convenience of your own home, to discuss Wills, Trusts and Lasting Powers of Attorney. I’ll explain why they are important and suggest ways that you can put steps in place to give you peace of mind for the future. By drafting a Will, Lasting Powers of Attorney or setting up Trusts, not only will your wishes be carried out as you would like but you can also protect your family and friends from costly and stressful legal disputes.

 

FAQs about wills

How often should I review my will?

You should certainly review your Will after any major events, such as marriage, divorce, property purchase or sale, the death of a beneficiary or if your assets change significantly. We also recommend that you take a look at your will every couple of years to ensure that your most updated wishes are carried out should the worst happen.

How do I know if my will is valid?

To be valid, the person making the Will must be mentally competent, the Will must be correctly signed and witnessed, and show no evidence of tampering. The witnesses to the Will cannot be beneficiaries, or related to beneficiaries and must be over 18.

If there is any doubt, or potential for dispute as to your mental competence, you should get a doctor’s confirmation of your capacity to make the will and include it with your Will.

Who will be your Executors?

Simply put, your executors are people you assign to ‘execute’ or carry out your will. Your Executors have the legal and administrative task of sorting out your assets and debts after you die and making sure that your wishes as outlined in the Will are upheld.

Who will be your beneficiaries and what effect will their inheritance have on their circumstances?

You can designate anyone as a beneficiary and distribute your assets in any way you like, however, if you don’t provide for your family and dependents, your will can be contested. You also should consider the effects that an inheritance may have on your beneficiaries.

What are trusts?

 

A Trust can be set up through your Will to help protect and control wealth for the benefit of your family/loved ones. Trusts enable people to place assets under the control of others, so that they have full responsibility to manage those assets for the benefit of whomever is chosen, according to a set of instructions. There are many different types of trusts and I can advise you on the different benefits to assess which is appropriate for your circumstances.

Trusts can be hugely beneficial but they can also be complex to set up. I can advise on the timing, beneficiaries and any tax implication on the duties of a trustee.

What is a mirror will?

Mirror Wills reflect the contents of another Will, hence the title ‘mirror’, so there are essentially 2 almost-identical Wills that state what will happen to the other (and their children) in the event of a death.

The main ways in which they can differ is, of course, the name of the testator (the person who has written the Will) and any specific funeral requests.

Generally, a couple may wish to get a Mirror Will if they want the following to happen in the event of their passing:

If one partner dies, the other partner will be entitled to the deceased partner’s entire estate (depending on first death).

When the remaining partner passes away, the estate will be passed on to any children.
Instead of getting two separate Wills that basically state the same requests, a Mirror Will is a more cost-effective option for couples if they both want the same things.

A Mirror Will is a good way of making sure your estate remains within your blood-related family.

What is a mutual will?

Mutual Wills go one step further than Mirror Wills, creating a legally binding agreement between a couple that the survivor will not change their Will.

A factor that can make this complicated is that there may be no written indication of such an agreement, either in the Wills or elsewhere. Nevertheless, if there is clear and convincing evidence of a binding intention between the couple that neither of them is entitled to change their Will without the other’s consent, they will have created mutual Wills.

A factor that seems at odds with this principle is that Wills in themselves cannot be made irrevocable. And should the survivor remarry, the earlier Will is automatically revoked.

However, if the first party dies having honoured their side of the agreement, equity comes into play, imposing a constructive trust over the property to which the agreement relates, on behalf of the agreed beneficiary/ies. The survivor is free to deal with the property during their lifetime, but they cannot give it away.

We have a lot of useful information on our wills & trusts page here

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How we can Help You

We cover the following locations:

Scunthorpe

Thorne

Crowle

Epworth

Goole

We are also able to provide virtual services to national clients. 

We are able to visit you at home in Scunthorpe, Thorne, Goole, Crowle and Epworth and surrounding areas of North Lincolnshire and South Yorkshire

You are, of course, also welcome to visit us at our office in Crowle High Street, please give the office a call to arrange an appointment. 

We are paperless, cloud-based, and always endeavour to see our clients at a time and place convenient for you – including evenings and weekends.

Our aim is to provide you with exceptional legal services at cost-effective prices.

Please see a summary of the services we offer below:

Wills & Trusts

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Lasting Powers of Attorney

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Probate

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Dispute Resolution

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Debt Recovery

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Landlord & Tenant

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Sports Law

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Business & Commercial

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Employment Law

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Family Law

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