Wills, Probate & Elderly Client

Wills & Trusts

Making a will

Making a will and organising your personal legal affairs can seem like a daunting prospect. At Browell Smith & Co Solicitors, you can be assured of the high degree of skill and care required to give you peace of mind.

Our expert solicitors and legal team will make sure that all legal formalities are dealt with efficiently and effectively. We have specialist advisers on hand to guide you through all your personal affairs, ensuring that you experience a thoroughly professional, confidential and friendly service.

With every will that we draft we make sure it reflects the circumstances and wishes of each of our clients.

Browell Smith & Co has offices in Newcastle, Cramlington, Ashington and Sunderland and offers will-writing services to people across the North East for decades.

Our will-writing service involves us listening to you and then writing a will which reflects your personal circumstances and wishes. Once you have spoken in depth to one of our team, we will ensure that your assets are passed to your chosen beneficiaries on your death.

There are many things you need to consider when writing a will, at Browell Smith & Co our experienced team will focus on every detail and wish. Some wills contain trusts and inheritance tax planning, include letters of wishes giving small mementos to family members and friends as well as trusts which allow you to secure succession to your chosen beneficiaries.

Contact our expert team today to arrange a free initial consultation at any of our offices, in Newcastle, Cramlington, Ashington and Sunderland, or alternatively at your home, to discuss your particular requirements.

Stephen Browell

Solicitor & Head of Private Client

Nina Nelson

Solicitor - Conveyancing & Wills, Probate & Elderly Client

Gillian Imrie

Legal Clerk - Wills, Trusts & Elderly Client

Hayley Young

Legal Clerk - Wills, Trusts & Elderly Client

Jacob Flaherty

Legal Clerk - Wills, Probate & Elderly Client

Charlotte McGregor

Legal Clerk - Personal Injury

Care Home Fees and Trusts

We want your long-term future to be happy and as free of financial worries as possible and our team of experts can answer all of your concerns about funding for long term care.

You cannot avoid paying care home fees simply by transferring your house into the names of your children or other relations while you are still alive.

If you are thinking about transferring your property into someone else’s name, please contact us for advice.

Including a house trust in your will may be one of the ways you can protect assets for the next generation.

What we offer

We offer a fixed-fee, tailored package which includes:

  • Listening to you and taking your full instructions
  • Advice tailored to your personal circumstances
  • Drafting your will
  • Attending upon you to explain your will
  • Ensuring that your will is signed and witnessed correctly
  • Safe storage of your will
  • Will registration service with Certainty – the National Wills Register

What is a house trust?

A house trust is where you allow anyone to occupy your share of the family home for as long as they want to or until they die, then on their death your share passes to your chosen beneficiaries.

If the trust is properly drafted, it can allow your house to be sold (should your surviving spouse or partner wish to move home), in which case the trust can be transferred to the new house. You can also elect to end the life interest if your spouse or partner remarries or enters into a civil partnership or starts cohabiting with someone, at which point your share in the house would then pass to your chosen beneficiaries.

In order for the house trust to work, you will need to own your house as tenants in common. If you own the house as beneficial joint tenants we can arrange for you to “sever the joint tenancy”, so that you hold it as tenants in common. This will enable your share to pass to your chosen beneficiaries in your will.

How does a house trust protect my share of my house for my beneficiaries?

Many people are concerned that when they die, their spouse or partner will enter into another relationship or remarry, in which case their estate could pass to that new spouse or partner or even their children, and your beneficiaries would miss out.

This is of particular concern where couples are young or have children from a previous relationship whose inheritance they wish to protect. By including a House Trust in your Will, if your spouse or partner does enter into a new relationship, your share in the property will always be protected for your children or other chosen beneficiaries.

How does a house trust protect my assets if my spouse goes into residential care?

The house trust can also be used to protect your share of your property for your children or other chosen beneficiaries should your spouse or partner go into long term residential care after your death.

If your surviving spouse or partner were to go into a care home after your death, the family home may need to be sold to pay for care fees or a legal charge may be placed against the property. Without the benefit of a house trust the entire value of the property could be used to pay for your surviving spouse or partner’s care. However, by having a house trust in your will, your spouse or partner will not inherit your share of the house outright meaning that means that if it is sold, the sale proceeds cannot be used to pay their care fees.

Living wills

At Browell Smith & Co Solicitors we understand the concerns you may have about ensuring your wishes are followed should you lack the capacity to make decisions yourself in the future.

Living wills are a means by which you can set out your wishes should this situation arise, allowing you to make decisions on medical treatment including matters of life sustaining treatment. You should also consider the option of making a Lasting Power of Attorney (Health and Welfare)

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