Wills & Probate

Clear advice for planning and administering affairs

A valid will and sensible plans for future incapacity can give families clarity at difficult moments. After a death, personal representatives may need to identify assets, deal with tax and distribute an estate while also managing bereavement. Arona St James Solicitors advises individuals, families, business owners and vulnerable clients on wills, probate and Lasting Powers of Attorney.

We approach this work with sensitivity and care. Our role is to explain the legal and practical issues in plain language, help clients make informed choices and prepare documents or administer estates accurately. We do not make assumptions about family structures, capacity or personal priorities.

Making or updating a will

A will records who should administer your estate and how assets should pass after your death. It can also address guardians for children, gifts to individuals or charities, trusts and arrangements for particular assets. Without a valid will, the statutory intestacy rules determine who inherits, which may not reflect your wishes.

We take instructions about family relationships, property, savings, liabilities and intended beneficiaries. Where appropriate, we also consider jointly owned assets, pensions or policies that may pass outside the will. The advice is tailored to the estate and does not rely on a standard template where the circumstances require more careful drafting.

Life events can make an existing will unsuitable. Marriage or civil partnership, divorce, separation, a birth or death, acquiring property, changes in wealth or moving between countries may all justify a review. A will must also be signed and witnessed correctly. We help clients check that their plans remain legally effective and reflect current wishes.

Planning for business and family responsibilities

Business owners should consider how shares, partnership interests or sole-trader assets fit with succession plans and any company or partnership documents. A will should not be prepared in isolation if other agreements restrict how an interest can pass. We can identify where coordinated advice from accountants, financial advisers or corporate specialists may be needed.

Families may also need to consider vulnerable beneficiaries, young children, blended-family relationships or the possibility of future care needs. Trust provisions may be appropriate in some cases, but they bring responsibilities and should be understood before they are adopted. We explain the options and their practical implications without promoting complexity for its own sake.

Probate and estate administration

After someone dies, the executors named in a will — or administrators where there is no will — are responsible for dealing with the estate. This may include locating the will, identifying assets and debts, valuing the estate, addressing inheritance tax reporting or payment, applying for the appropriate grant, collecting assets, settling liabilities and distributing to beneficiaries.

Not every estate needs a grant, and the document required depends on whether there is a valid will and who is entitled to act. Estates vary significantly in complexity. Property, business interests, lifetime gifts, trusts, overseas assets, missing beneficiaries or disagreements can all require additional work.

We can advise on a particular stage or assist with the wider administration. Our aim is to give personal representatives a clear understanding of their duties and maintain an orderly record of decisions, money received and payments made. Executors and administrators can be personally responsible if an estate is distributed incorrectly, so uncertainty should be resolved before funds are released.

Lasting Powers of Attorney

A Lasting Power of Attorney allows you to appoint trusted people to make decisions if you cannot do so yourself, or, for some financial decisions, to assist while you still have capacity. There are separate LPAs for property and financial affairs and for health and welfare. The documents must be prepared and registered before they can be used.

Choosing attorneys requires careful thought. They should be trustworthy, capable of working together where more than one is appointed and willing to follow the legal duties of an attorney. Instructions and preferences can be included where appropriate. Making an LPA while you have capacity is proactive planning; family members cannot simply assume authority if capacity is later lost.

We discuss who to appoint, how attorneys should make decisions, replacement attorneys and safeguards. A health and welfare LPA and a property and financial affairs LPA involve different decisions, so the same appointment structure is not always right for both.

Capacity, independence and safeguarding

Instructions for a will or LPA must come from the person making the document. Where capacity or undue influence may be a concern, additional care is needed to ensure wishes are understood, freely expressed and recorded appropriately. We may need to meet the client alone and, in some circumstances, recommend medical evidence.

This protects the client and reduces the risk of later uncertainty. We handle these discussions respectfully and explain why safeguards are necessary.

What to expect from an initial consultation

For will or LPA planning, we will ask about your family, assets, responsibilities, intended beneficiaries and the people you trust to act. For probate, useful documents include the death certificate, original will, asset and liability information and relevant correspondence. It is fine if the full estate picture is not yet known.

We will explain the work required, likely stages and any information still needed. Where tax, overseas assets or business structures require separate specialist input, we will identify that. If instructed, you will receive a written scope and quote based on the circumstances rather than an assumed standard estate.

Speak to our team

Whether you want to put plans in place or need help after a bereavement, contact our wills and probate team. We will listen to the circumstances and explain the next practical step with clarity and discretion.