Questions and answers
The questions people ask, answered plainly.
43 questions about wills, powers of attorney, probate, trusts and how Safe Harbour charges. If yours is not here, call 01262 310 850 and ask.
01 · 11 questions
How Safe Harbour works
Fees, payment, home visits, the first call and who does the work.
What happens in a discovery call?
It is a 15-minute phone call with Aaron. He listens to your situation and explains your options in plain English. There is no obligation. Many people just want to know where they stand.
What happens in a discovery call?
It is a 15-minute phone call with Aaron. He listens to your situation and explains your options in plain English. There is no obligation. Many people just want to know where they stand.
What are your payment terms?
Every fee is fixed and agreed before any work starts. Some fees are paid up front; probate and estate work can be paid in stages. A small onboarding fee applies to trust and probate matters and is confirmed first. Aaron explains the payment terms on the free 15-minute call.
What are your payment terms?
Every fee is fixed and agreed before any work starts. Some fees are paid up front; probate and estate work can be paid in stages. A small onboarding fee applies to trust and probate matters and is confirmed first. Aaron explains the payment terms on the free 15-minute call.
Do you offer home visits?
Yes. Aaron visits clients at home across East Yorkshire and North Yorkshire. Many people find it the easiest way to have these conversations, and it helps if travelling is difficult.
Do you offer home visits?
Yes. Aaron visits clients at home across East Yorkshire and North Yorkshire. Many people find it the easiest way to have these conversations, and it helps if travelling is difficult.
Why should I choose Safe Harbour over a high street firm?
You deal with Aaron directly from start to finish, not a trainee or a paralegal. Safe Harbour Legal is a trading name of Legal Studio Solicitors, which is regulated by the Solicitors Regulation Authority, so you have the same protection as with any regulated firm. Every fee is fixed before work starts.
Why should I choose Safe Harbour over a high street firm?
You deal with Aaron directly from start to finish, not a trainee or a paralegal. Safe Harbour Legal is a trading name of Legal Studio Solicitors, which is regulated by the Solicitors Regulation Authority, so you have the same protection as with any regulated firm. Every fee is fixed before work starts.
Is it cheaper to do a will and powers of attorney together?
Yes. Your wills cost £150 less when your powers of attorney are done at the same time, because the meetings, identity checks and signing happen once. Planning items, trust administration and probate are never discounted. The Plan Finder applies the rule and shows the total with VAT.
Is it cheaper to do a will and powers of attorney together?
Yes. Your wills cost £150 less when your powers of attorney are done at the same time, because the meetings, identity checks and signing happen once. Planning items, trust administration and probate are never discounted. The Plan Finder applies the rule and shows the total with VAT.
What if Aaron is ill or away?
Your matter does not stop. Aaron practises through MDLS Solicitors Limited, a regulated firm with other solicitors, and your file and any documents held for you sit within that firm, not in a drawer at home. If Aaron is ill or away for any length of time, the firm can continue your matter or release your file and documents to you or to another solicitor you choose. Your client care letter names the solicitor who supervises the matter within the firm.
What if Aaron is ill or away?
Your matter does not stop. Aaron practises through MDLS Solicitors Limited, a regulated firm with other solicitors, and your file and any documents held for you sit within that firm, not in a drawer at home. If Aaron is ill or away for any length of time, the firm can continue your matter or release your file and documents to you or to another solicitor you choose. Your client care letter names the solicitor who supervises the matter within the firm.
What if I am not happy with the service?
Tell Aaron first. He did the work, so he is best placed to put it right, and he answers every complaint in writing. If that does not resolve it, the firm, MDLS Solicitors Limited, reviews it, and after that you can go to the Legal Ombudsman, which is free. There is no charge for complaining and it does not affect how your matter is handled. The full procedure, with the timescales, is at safeharbour.legal/complaints-procedure.
What if I am not happy with the service?
Tell Aaron first. He did the work, so he is best placed to put it right, and he answers every complaint in writing. If that does not resolve it, the firm, MDLS Solicitors Limited, reviews it, and after that you can go to the Legal Ombudsman, which is free. There is no charge for complaining and it does not affect how your matter is handled. The full procedure, with the timescales, is at safeharbour.legal/complaints-procedure.
Can you store my will?
Yes. The firm holds the original will in secure storage indefinitely, or until you ask for it to be transferred, and keeps a record of whose it is. Your executors contact Aaron and the will is produced; a will no one can find is, in practice, no will at all. You keep a copy, and it is worth registering the will with a will register too, so it can be traced even if your family does not know where it is. Ask Aaron about the storage arrangements at the free call.
Can you store my will?
Yes. The firm holds the original will in secure storage indefinitely, or until you ask for it to be transferred, and keeps a record of whose it is. Your executors contact Aaron and the will is produced; a will no one can find is, in practice, no will at all. You keep a copy, and it is worth registering the will with a will register too, so it can be traced even if your family does not know where it is. Ask Aaron about the storage arrangements at the free call.
Is VAT included in the prices?
Every fee on this site is shown both before VAT and with VAT included, so the figure you see with VAT is the figure you pay for that piece of work. Third-party costs, such as the probate application fee or the Office of the Public Guardian fee, are charged at cost and carry no VAT. Your client care letter states the fee the same way, with VAT shown, before any work starts.
Is VAT included in the prices?
Every fee on this site is shown both before VAT and with VAT included, so the figure you see with VAT is the figure you pay for that piece of work. Third-party costs, such as the probate application fee or the Office of the Public Guardian fee, are charged at cost and carry no VAT. Your client care letter states the fee the same way, with VAT shown, before any work starts.
Which evenings are available?
Tuesday and Thursday evenings, for calls and for home visits, so you do not have to take time off work. Daytime appointments run Monday to Friday. Book a call online at safeharbour.legal/book and the evening slots show as available, or ask Aaron for an evening visit.
Which evenings are available?
Tuesday and Thursday evenings, for calls and for home visits, so you do not have to take time off work. Daytime appointments run Monday to Friday. Book a call online at safeharbour.legal/book and the evening slots show as available, or ask Aaron for an evening visit.
What if I lose capacity part-way through?
Aaron checks at the start, and again at signing, that you understand what you are doing, because a will or a power of attorney is only valid if you have capacity when you sign it. If capacity is lost before the document is signed, it cannot be completed, and what happens next depends on the document: without a registered lasting power of attorney, the family has to apply to the Court of Protection, which is slower and costs more. That is the reason not to leave a lasting power of attorney until it is needed. If you are worried about a diagnosis or a decline, call Aaron and say so; it changes the order in which things are done.
What if I lose capacity part-way through?
Aaron checks at the start, and again at signing, that you understand what you are doing, because a will or a power of attorney is only valid if you have capacity when you sign it. If capacity is lost before the document is signed, it cannot be completed, and what happens next depends on the document: without a registered lasting power of attorney, the family has to apply to the Court of Protection, which is slower and costs more. That is the reason not to leave a lasting power of attorney until it is needed. If you are worried about a diagnosis or a decline, call Aaron and say so; it changes the order in which things are done.
02 · 9 questions
Wills
Who inherits, who looks after the children, and what happens without one.
How much does a will cost?
Every will is a fixed fee, agreed in writing before any work starts. Nothing is charged by the hour. A standard will for one person is £350 + VAT (£420 inc. VAT) and mirror wills for a couple are £550 + VAT (£660 inc. VAT). A will with a trust in it is £650 + VAT (£780 inc. VAT) for one person and £950 + VAT (£1,140 inc. VAT) for a couple. Where the estate needs an inheritance tax check as well, that is one added item at £450 + VAT (£540 inc. VAT), not a different will. Aaron confirms the figure for your situation at the free 15-minute call.
How much does a will cost?
Every will is a fixed fee, agreed in writing before any work starts. Nothing is charged by the hour. A standard will for one person is £350 + VAT (£420 inc. VAT) and mirror wills for a couple are £550 + VAT (£660 inc. VAT). A will with a trust in it is £650 + VAT (£780 inc. VAT) for one person and £950 + VAT (£1,140 inc. VAT) for a couple. Where the estate needs an inheritance tax check as well, that is one added item at £450 + VAT (£540 inc. VAT), not a different will. Aaron confirms the figure for your situation at the free 15-minute call.
Do I need a solicitor to write a Will?
No, but small mistakes in a home-made will (a missing witness, unclear wording) can cause real problems after your death. Aaron drafts the will, checks it does what you intend and supervises the signing. The fee is fixed and agreed before he starts.
Do I need a solicitor to write a Will?
No, but small mistakes in a home-made will (a missing witness, unclear wording) can cause real problems after your death. Aaron drafts the will, checks it does what you intend and supervises the signing. The fee is fixed and agreed before he starts.
What happens if I die without a will?
If you die without a valid will you die "intestate", and the law decides who inherits under the intestacy rules. An unmarried partner has no automatic right to anything, step-children can be left out, and the outcome is often not what the family expected. A properly drafted will is the only way to make sure the right people inherit and to appoint guardians for children.
What happens if I die without a will?
If you die without a valid will you die "intestate", and the law decides who inherits under the intestacy rules. An unmarried partner has no automatic right to anything, step-children can be left out, and the outcome is often not what the family expected. A properly drafted will is the only way to make sure the right people inherit and to appoint guardians for children.
What is the difference between a standard Will and a Trust Will?
A standard will gives your estate outright to the people you name. A will with a trust in it gives some or all of the estate to trustees to hold for those people instead. For a couple, that can keep the first partner's share for the children if the survivor remarries, needs care or a child later divorces. Aaron will say which is right for you.
What is the difference between a standard Will and a Trust Will?
A standard will gives your estate outright to the people you name. A will with a trust in it gives some or all of the estate to trustees to hold for those people instead. For a couple, that can keep the first partner's share for the children if the survivor remarries, needs care or a child later divorces. Aaron will say which is right for you.
Can I change my Will?
Yes. Review your will after any big change: marriage, a new child, divorce, a house move or a death in the family. Marriage cancels an earlier will unless that will was made with the marriage in mind. Tell Aaron what has changed and he will say what the update costs.
Can I change my Will?
Yes. Review your will after any big change: marriage, a new child, divorce, a house move or a death in the family. Marriage cancels an earlier will unless that will was made with the marriage in mind. Tell Aaron what has changed and he will say what the update costs.
Do I need a standard will, a will with a trust in it, or trust and estate planning?
A standard will is right for most people. It says who inherits, who is in charge and who looks after children. A will with a trust in it is for a second marriage, children from a previous relationship, or a couple ring-fencing the first to die’s share for the children whatever happens later: a new partner, a new will, a family falling-out, or care fees. Both are fixed fees. Trust and estate planning is different work. It is for people with a business or farm, more than one property, an estate over the inheritance tax threshold, a trust to set up or run, or who want Aaron to work alongside their accountant or financial adviser. The will is part of that plan. Most of that work is at fixed fees listed on the fees page, and Aaron confirms the total at a free call. The Plan Finder on this site asks the questions that decide which of the three you need, and says why.
Do I need a standard will, a will with a trust in it, or trust and estate planning?
A standard will is right for most people. It says who inherits, who is in charge and who looks after children. A will with a trust in it is for a second marriage, children from a previous relationship, or a couple ring-fencing the first to die’s share for the children whatever happens later: a new partner, a new will, a family falling-out, or care fees. Both are fixed fees. Trust and estate planning is different work. It is for people with a business or farm, more than one property, an estate over the inheritance tax threshold, a trust to set up or run, or who want Aaron to work alongside their accountant or financial adviser. The will is part of that plan. Most of that work is at fixed fees listed on the fees page, and Aaron confirms the total at a free call. The Plan Finder on this site asks the questions that decide which of the three you need, and says why.
Do I need a solicitor to write my will, or can I use a template?
You can legally write your own will. The costly mistakes happen in home-made and online-template wills: wrong witnessing, unclear wording, or clauses that do not do what you intended. Aaron is a solicitor regulated by the Solicitors Regulation Authority, so your will is drafted by a STEP-qualified Trust and Estate Practitioner and covered by professional indemnity insurance.
Do I need a solicitor to write my will, or can I use a template?
You can legally write your own will. The costly mistakes happen in home-made and online-template wills: wrong witnessing, unclear wording, or clauses that do not do what you intended. Aaron is a solicitor regulated by the Solicitors Regulation Authority, so your will is drafted by a STEP-qualified Trust and Estate Practitioner and covered by professional indemnity insurance.
Should my will include a trust?
It depends on your circumstances. For a couple, a trust in the wills ring-fences the first to die’s share of the home and savings for the children, whatever happens later: a new partner, a new will, a family falling-out, or care fees. The survivor lives in the home and uses the income for life. It does not protect the survivor’s own share from the survivor’s own care fees, and a will cannot protect your own home from your own care fees. A trust in a will can also provide for a vulnerable beneficiary, or look after a partner for life while what you leave still reaches your own children. It is not right for everyone. Aaron says plainly whether a trust helps in your situation or only adds cost.
Should my will include a trust?
It depends on your circumstances. For a couple, a trust in the wills ring-fences the first to die’s share of the home and savings for the children, whatever happens later: a new partner, a new will, a family falling-out, or care fees. The survivor lives in the home and uses the income for life. It does not protect the survivor’s own share from the survivor’s own care fees, and a will cannot protect your own home from your own care fees. A trust in a will can also provide for a vulnerable beneficiary, or look after a partner for life while what you leave still reaches your own children. It is not right for everyone. Aaron says plainly whether a trust helps in your situation or only adds cost.
How long does it take to make a will?
A standard will usually takes two to three weeks from the first meeting to signing. A will with a trust in it takes three to four weeks. Aaron takes your instructions by phone or at a free home visit, sends you a draft to check, then supervises the signing and witnessing. Business interests or overseas assets can take longer, and Aaron tells you the realistic timescale at the start.
How long does it take to make a will?
A standard will usually takes two to three weeks from the first meeting to signing. A will with a trust in it takes three to four weeks. Aaron takes your instructions by phone or at a free home visit, sends you a draft to check, then supervises the signing and witnessing. Business interests or overseas assets can take longer, and Aaron tells you the realistic timescale at the start.
03 · 9 questions
Probate
The grant, the tax, how long it takes and whether you need it at all.
How long does probate take?
A straightforward estate usually takes six to nine months from start to finish. Where there is a property to sell, a full inheritance tax account or no will, allow nine to fourteen months. GOV.UK says the grant itself usually arrives within 12 weeks of the application. Collecting in the assets, settling any inheritance tax and distributing the estate take the rest of the time. A dispute adds more. Aaron gives you a realistic timeline for your estate.
How long does probate take?
A straightforward estate usually takes six to nine months from start to finish. Where there is a property to sell, a full inheritance tax account or no will, allow nine to fourteen months. GOV.UK says the grant itself usually arrives within 12 weeks of the application. Collecting in the assets, settling any inheritance tax and distributing the estate take the rest of the time. A dispute adds more. Aaron gives you a realistic timeline for your estate.
Do I need probate if there's a Will?
Usually, yes. A will names your executors, but most banks, building societies and the Land Registry will not release assets until the executors have a grant of probate. Small accounts, jointly owned assets and some life policies may not need one. Aaron will say whether the estate needs a grant.
Do I need probate if there's a Will?
Usually, yes. A will names your executors, but most banks, building societies and the Land Registry will not release assets until the executors have a grant of probate. Small accounts, jointly owned assets and some life policies may not need one. Aaron will say whether the estate needs a grant.
Can I handle probate myself?
Yes. Many executors do. Others find the forms and the legal duties hard to manage, especially soon after a death. With grant only, Aaron obtains the grant of probate and you deal with the rest. With estate administration, he handles the whole estate.
Can I handle probate myself?
Yes. Many executors do. Others find the forms and the legal duties hard to manage, especially soon after a death. With grant only, Aaron obtains the grant of probate and you deal with the rest. With estate administration, he handles the whole estate.
What is the difference between Grant Only and full Estate Administration?
Grant only means Aaron obtains the grant of probate (the court document that lets you deal with the estate) and you do the rest yourself. Full estate administration means Aaron handles the whole estate: valuations, the tax return, the grant, paying debts and tax, and distributing to the beneficiaries.
What is the difference between Grant Only and full Estate Administration?
Grant only means Aaron obtains the grant of probate (the court document that lets you deal with the estate) and you do the rest yourself. Full estate administration means Aaron handles the whole estate: valuations, the tax return, the grant, paying debts and tax, and distributing to the beneficiaries.
How is probate priced?
Four fixed fees, chosen by how much work the estate needs, never by its value. Grant only, where Aaron obtains the grant and you do the rest, is £950 + VAT (£1,140 inc. VAT) for an excepted estate (one where no separate tax account goes to HMRC), and £1,800 + VAT (£2,160 inc. VAT) where HMRC needs the full inheritance tax account (form IHT400) before the grant. Full administration, where Aaron does everything, is from £3,000 + VAT (£3,600 inc. VAT) for an estate of cash assets with a valid will, and from £5,000 + VAT (£6,000 inc. VAT) where there is a property to manage and sell, a full tax account, or no will. A business, farm or foreign assets, a trust in the will, or a dispute raise it further, each agreed in writing before the work starts. The court's probate application fee of £526 (no fee for estates of £5,000 or less) is a third-party cost, charged at cost. The Plan Finder shows which tier fits and why.
Regulated work (trust wills, probate, trust and estate administration) carries a small onboarding fee for the matter and an identity check for each person. Standard wills and powers of attorney do not. It is confirmed before any work starts.
How is probate priced?
Four fixed fees, chosen by how much work the estate needs, never by its value. Grant only, where Aaron obtains the grant and you do the rest, is £950 + VAT (£1,140 inc. VAT) for an excepted estate (one where no separate tax account goes to HMRC), and £1,800 + VAT (£2,160 inc. VAT) where HMRC needs the full inheritance tax account (form IHT400) before the grant. Full administration, where Aaron does everything, is from £3,000 + VAT (£3,600 inc. VAT) for an estate of cash assets with a valid will, and from £5,000 + VAT (£6,000 inc. VAT) where there is a property to manage and sell, a full tax account, or no will. A business, farm or foreign assets, a trust in the will, or a dispute raise it further, each agreed in writing before the work starts. The court's probate application fee of £526 (no fee for estates of £5,000 or less) is a third-party cost, charged at cost. The Plan Finder shows which tier fits and why.
Regulated work (trust wills, probate, trust and estate administration) carries a small onboarding fee for the matter and an identity check for each person. Standard wills and powers of attorney do not. It is confirmed before any work starts.
Do I always need probate?
Not always. It depends on what the person owned and how it was held. Small estates, or assets held jointly that pass automatically to a surviving spouse, can sometimes be dealt with without a grant. Property in the deceased’s sole name, larger bank balances and investments usually need one. Aaron can tell you quickly, at no cost, whether probate is needed in your case.
Do I always need probate?
Not always. It depends on what the person owned and how it was held. Small estates, or assets held jointly that pass automatically to a surviving spouse, can sometimes be dealt with without a grant. Property in the deceased’s sole name, larger bank balances and investments usually need one. Aaron can tell you quickly, at no cost, whether probate is needed in your case.
Do you charge a percentage of the estate?
No. Many firms and banks charge probate fees as a percentage of the estate, which can run into thousands of pounds for no extra work. Aaron charges a fixed fee agreed before he starts, based on the work involved, so more of the inheritance stays with the family.
Do you charge a percentage of the estate?
No. Many firms and banks charge probate fees as a percentage of the estate, which can run into thousands of pounds for no extra work. Aaron charges a fixed fee agreed before he starts, based on the work involved, so more of the inheritance stays with the family.
Can you help with inheritance tax?
Yes. Aaron prepares and submits the inheritance tax account himself, including the full IHT400 where it is needed. He claims every allowance available: the nil-rate band, the residence nil-rate band where the home passes to children or grandchildren, and any unused allowance transferred from a late spouse or civil partner, so the estate pays no more tax than it has to.
Can you help with inheritance tax?
Yes. Aaron prepares and submits the inheritance tax account himself, including the full IHT400 where it is needed. He claims every allowance available: the nil-rate band, the residence nil-rate band where the home passes to children or grandchildren, and any unused allowance transferred from a late spouse or civil partner, so the estate pays no more tax than it has to.
What is the first thing to do after a death?
In the first days the practical steps come first: register the death, get the death certificate, and find the will if there is one. There is no need to rush into legal steps while you are grieving. When you are ready, a free 15-minute call tells you whether probate is needed and what happens next. Aaron can then take the administration off your hands.
What is the first thing to do after a death?
In the first days the practical steps come first: register the death, get the death certificate, and find the will if there is one. There is no need to rush into legal steps while you are grieving. When you are ready, a free 15-minute call tells you whether probate is needed and what happens next. Aaron can then take the administration off your hands.
04 · 7 questions
Lasting powers of attorney
Who can act for you if you cannot, and how registration works.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets people you trust make decisions for you if you become unable to make them yourself, through illness, injury or age. You make it while you have mental capacity (the ability to understand and make a decision), and it is only used if it is needed.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets people you trust make decisions for you if you become unable to make them yourself, through illness, injury or age. You make it while you have mental capacity (the ability to understand and make a decision), and it is only used if it is needed.
When should I set up an LPA?
Now, while you have mental capacity. Capacity means the ability to understand and make a decision. Once it is lost, a power of attorney cannot be made and your family would have to apply to the Court of Protection instead, which is slower and more expensive. Aaron recommends making your powers of attorney with your will.
When should I set up an LPA?
Now, while you have mental capacity. Capacity means the ability to understand and make a decision. Once it is lost, a power of attorney cannot be made and your family would have to apply to the Court of Protection instead, which is slower and more expensive. Aaron recommends making your powers of attorney with your will.
How long does it take to register an LPA?
Drafting and signing takes one to two weeks. The LPA then has to be registered with the Office of the Public Guardian (OPG) before it can be used, and registration currently takes 8 to 10 weeks (GOV.UK). That is why it is best not to wait: an unregistered LPA is no use in an emergency. Aaron handles the registration as part of the fixed fee.
How long does it take to register an LPA?
Drafting and signing takes one to two weeks. The LPA then has to be registered with the Office of the Public Guardian (OPG) before it can be used, and registration currently takes 8 to 10 weeks (GOV.UK). That is why it is best not to wait: an unregistered LPA is no use in an emergency. Aaron handles the registration as part of the fixed fee.
Can I change or cancel my LPA?
Yes, as long as you still have mental capacity. You can cancel (revoke) an LPA and make a new one. Aaron can help if your circumstances or your choice of attorney change.
Can I change or cancel my LPA?
Yes, as long as you still have mental capacity. You can cancel (revoke) an LPA and make a new one. Aaron can help if your circumstances or your choice of attorney change.
What happens if I lose capacity without an LPA?
Without an LPA, your family cannot simply step in. Even paying your bills from your bank account or dealing with your home becomes a matter for the Court of Protection, which must appoint a "deputy". That usually takes months, costs a good deal more than an LPA, and the deputy is supervised and pays fees each year. An LPA made in advance avoids all of that: your chosen attorneys can act as soon as it is needed.
What happens if I lose capacity without an LPA?
Without an LPA, your family cannot simply step in. Even paying your bills from your bank account or dealing with your home becomes a matter for the Court of Protection, which must appoint a "deputy". That usually takes months, costs a good deal more than an LPA, and the deputy is supervised and pays fees each year. An LPA made in advance avoids all of that: your chosen attorneys can act as soon as it is needed.
How many types of LPA are there?
Two. A property and financial affairs LPA covers money, bank accounts, bills and property. A health and welfare LPA covers medical care, where you live and day-to-day welfare, and can only be used once you have lost capacity. Most people make both together.
How many types of LPA are there?
Two. A property and financial affairs LPA covers money, bank accounts, bills and property. A health and welfare LPA covers medical care, where you live and day-to-day welfare, and can only be used once you have lost capacity. Most people make both together.
Do you register the LPA with the Office of the Public Guardian?
Yes. Drafting the LPA correctly is only half the job. It must be signed, witnessed and registered in the right order to be valid. Aaron deals with the whole process, including sending it to the OPG and answering any queries, so you receive a registered LPA that is ready to use. The OPG charges its own registration fee for each LPA. Doing your LPAs with your will also takes a fixed amount off the fee, once, however many documents you make; the amount is on the fees page.
Do you register the LPA with the Office of the Public Guardian?
Yes. Drafting the LPA correctly is only half the job. It must be signed, witnessed and registered in the right order to be valid. Aaron deals with the whole process, including sending it to the OPG and answering any queries, so you receive a registered LPA that is ready to use. The OPG charges its own registration fee for each LPA. Doing your LPAs with your will also takes a fixed amount off the fee, once, however many documents you make; the amount is on the fees page.
05 · 7 questions
Trusts
When a trust earns its place, and when a good will does the job.
How is trust and estate planning different from a will with a trust in it?
A will with a trust in it is one document at a fixed fee. It does one job, usually protecting the first to die’s share of the home or making sure children from an earlier relationship inherit in the end. Trust and estate planning is advice and a plan. It starts with your assets, your family and your advisers, and it may end in several documents: wills, a lifetime trust, a declaration of trust over a property, a deed of variation after a death, or a succession plan for a business or farm. Each piece of work has its own fixed fee on the fees page, and the two planning levels that sit on top of a will are fixed as well. Only a lifetime trust that includes a property and a business or farm succession review start with a from figure.
How is trust and estate planning different from a will with a trust in it?
A will with a trust in it is one document at a fixed fee. It does one job, usually protecting the first to die’s share of the home or making sure children from an earlier relationship inherit in the end. Trust and estate planning is advice and a plan. It starts with your assets, your family and your advisers, and it may end in several documents: wills, a lifetime trust, a declaration of trust over a property, a deed of variation after a death, or a succession plan for a business or farm. Each piece of work has its own fixed fee on the fees page, and the two planning levels that sit on top of a will are fixed as well. Only a lifetime trust that includes a property and a business or farm succession review start with a from figure.
What does trust administration involve?
Most trusts have to be registered with HM Revenue and Customs on the Trust Registration Service, and trustees have duties every year: keeping accounts, making decisions properly, dealing with tax and keeping the register up to date. Aaron registers new trusts, brings existing ones up to date, and can act as a trustee or alongside your trustees so the administration is done properly each year.
What does trust administration involve?
Most trusts have to be registered with HM Revenue and Customs on the Trust Registration Service, and trustees have duties every year: keeping accounts, making decisions properly, dealing with tax and keeping the register up to date. Aaron registers new trusts, brings existing ones up to date, and can act as a trustee or alongside your trustees so the administration is done properly each year.
Can a trust protect my home from care fees?
Not your own home from your own care fees. A will has no effect until you die, and a step taken in your lifetime mainly to avoid care fees can be treated by the local authority as if you still owned the asset. What a trust in a couple’s wills does is ring-fence the first to die’s share of the home for the children. The survivor lives there for life, and that share is held for the children whatever happens later: a new partner, a new will, a family falling-out, or the survivor needing care. It does not protect the survivor’s own share from the survivor’s own care fees. Aaron says plainly what works in your circumstances.
Can a trust protect my home from care fees?
Not your own home from your own care fees. A will has no effect until you die, and a step taken in your lifetime mainly to avoid care fees can be treated by the local authority as if you still owned the asset. What a trust in a couple’s wills does is ring-fence the first to die’s share of the home for the children. The survivor lives there for life, and that share is held for the children whatever happens later: a new partner, a new will, a family falling-out, or the survivor needing care. It does not protect the survivor’s own share from the survivor’s own care fees. Aaron says plainly what works in your circumstances.
What types of trust are there?
The ones Aaron most often advises on are property protection trusts (usually in wills), discretionary trusts (where the trustees decide who benefits and when), bare trusts (where the beneficiary owns the assets outright, often used for children), and family investment companies for larger estates. Each does a different job: protecting a vulnerable beneficiary, sheltering assets, or managing inheritance tax. Aaron recommends the one that fits, not a package.
What types of trust are there?
The ones Aaron most often advises on are property protection trusts (usually in wills), discretionary trusts (where the trustees decide who benefits and when), bare trusts (where the beneficiary owns the assets outright, often used for children), and family investment companies for larger estates. Each does a different job: protecting a vulnerable beneficiary, sheltering assets, or managing inheritance tax. Aaron recommends the one that fits, not a package.
Will a trust reduce inheritance tax?
It can, depending on your circumstances, but a trust is not a loophole and has its own rules and tax charges. Used correctly, often alongside lifetime gifts and the available allowances, a trust can be part of a sound inheritance tax plan. Aaron works out the actual effect for your estate rather than making promises.
Will a trust reduce inheritance tax?
It can, depending on your circumstances, but a trust is not a loophole and has its own rules and tax charges. Used correctly, often alongside lifetime gifts and the available allowances, a trust can be part of a sound inheritance tax plan. Aaron works out the actual effect for your estate rather than making promises.
Do I actually need a trust?
Often, no, and Aaron will tell you so. A trust adds cost and administration, and for many families a well-drafted will does everything needed. A trust earns its place when there is a specific job to do: protecting a share of the home, providing for a disabled or vulnerable beneficiary, shielding an inheritance from divorce or creditors, or managing a larger estate. Aaron gives you a straight answer either way.
Do I actually need a trust?
Often, no, and Aaron will tell you so. A trust adds cost and administration, and for many families a well-drafted will does everything needed. A trust earns its place when there is a specific job to do: protecting a share of the home, providing for a disabled or vulnerable beneficiary, shielding an inheritance from divorce or creditors, or managing a larger estate. Aaron gives you a straight answer either way.
Who manages the trust once it is set up?
The trustees you appoint. They hold and look after the assets for the people who benefit. They can be family members, professionals, or a mix. There are real legal duties involved, so Aaron makes sure your trustees understand them, and he can act as a trustee or alongside yours and handle the yearly compliance if you prefer.
Who manages the trust once it is set up?
The trustees you appoint. They hold and look after the assets for the people who benefit. They can be family members, professionals, or a mix. There are real legal duties involved, so Aaron makes sure your trustees understand them, and he can act as a trustee or alongside yours and handle the yearly compliance if you prefer.
Not answered here
Ask Aaron directly.
Every situation has a detail these answers cannot cover. A 15-minute call with Aaron costs nothing and commits you to nothing. Appointments are usually available within a few working days, including Tuesday and Thursday evenings, and home visits across East and North Yorkshire.
For the words themselves, the glossary defines the legal terms in plain English. For the choice between a solicitor and a will-writer, read the comparison.
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