Moving in with your partner is a huge and exciting milestone. Both of you are picking out furniture, choosing decorations, splitting bills and building a future together. But, if you are not legally married or in a civil partnership, there is a big hidden trap that many people fall into: the law treats you as legal strangers.

There is a widespread belief in the UK that if you live together for long enough, you can become ‘common law spouses’, meaning you gain the same legal protections as legally married spouses. Unfortunately, this is a myth, and common law spouses do not exist under English law.

If one partner passes away without leaving a Will, the consequences for the surviving partner can be both financially and emotionally devastating. Here is why a Will is an ultimate safety net for your relationship:

When a person dies without leaving a Will, their assets will be split according to what is known as the intestacy rules. Under these rules, the hierarchy of who inherits depends entirely on who is surviving in your family. It prioritises spouses, civil partners, children, parents and siblings. Unmarried partners unfortunately do not make the list.

No matter if you are together for 5 years or 50 years, if you are not married or in a civil partnership and your partner dies without a Will in place, you will not have an automatic right to inherit anything from their estate.

What will happen to your home depends on how you own it. Without a Will, the risks are much higher:

If you own the property as tenants in common (where you each own a specific percentage share of property), your partners share does not automatically pass to you on their death unless your partner specifically makes provision for this in a Will. Without a Will, their share will pass to their family under the intestacy rules. You could therefore find yourself owning a house with your late partner’s parents or siblings who will have a legal right to force sale to get their money out.

If your house or tenancy is in your partner’s name only, you will have no automatic right to their share. You could therefore be legally forced to move out of your own home during a period of grief.

Unmarried partners may sometimes sue the estate under the Inheritance (Provision for Family and Dependants) Act 1975, and you would need to prove you have lived together for a period of time and were financially dependent on them. However, you should think about what that means: you would be taking your partner’s grieving family to court and be spending thousands of pounds in legal fees to secure a roof over your head.

Leaving the future of your partner up to intestacy laws is a risk not worth taking. When you write a Will, it is not about tempting fate, it is about securing your loved ones and ensuring that the person you chose to spend your life with is protected should the worst-case scenario happen.

Putting a Will in place is quick, straightforward and will cost only a fraction of a legal dispute. Here at Franklins, whether you’re in Northampton, Milton Keynes, or surrounding areas, we can help get your wishes put in writing and protect your loved ones.

Disclaimer: This article provides general information only and does not constitute legal advice. You should obtain advice tailored to your circumstances from a qualified solicitor before taking or refraining from any action.

It is completely understandable why DIY Will kits, online Will templates, £10 supermarket Will kits and the use of AI to draft Wills are all so tempting. On the surface, writing a homemade Will seems like a convenient way to tick an important chore off your to-do list whilst saving you money. Doing so however raises an important question for many people looking into this process: are homemade Wills legal?

In short, the answer is yes. In England and Wales, if a Will meets basic requirements, you could technically write it yourself. Similarly, people often ask the question on whether online Wills are valid, which they certainly can be, provided they are executed correctly.

However, there is a big difference between a document being legally valid and a document actually doing what you want it to do. Unlike a bad DIY paint job, you will not be around to fix a mistake when it goes wrong.

Here are some hidden risks of taking the DIY route and why something that can seem cheap and convenient now, could cost your loved ones thousands of pounds later.

Whilst a homemade Will could be perfectly drafted, if it is not signed and witnessed correctly, the whole document will be rendered void. The law is incredibly strict and unforgiving about this. One minor slip up, such as having the wrong person in the room at the wrong second, can have catastrophic results and could accidentally disqualify your loved ones from inheriting anything at all, or invalidate the entire Will without you ever knowing.

When you write and execute a Will yourself, there is nobody there to ensure that this crucial step is done correctly. Without a professional overseeing this final step, you are essentially gambling that you executed the Will with absolute legal certainty.

It is a common belief that once you have written a Will, you assume that your estate is protected forever. However, English law contains various hidden ‘triggers’ that can accidentally cancel, alter or completely change your Will without your knowledge.

Major life milestones could completely rewrite your legacy. For example, if you create a homemade Will whilst living with your partner and then later choose to marry or enter into a civil partnership, that act alone can completely void the document overnight. Basic DIY Will kits and standard templates are static. They cannot analyse future plans or give you a warning about specific clauses required to protect a document against automatic revocation.

If you fall into this trap, you could spend the rest of your life thinking that your loved ones are protected, when in fact your estate would default entirely to the government’s strict rules of intestacy.

If you were to sit down and write a Will yourself, more often than not you would be using everyday language to express your wishes. This is where the question are online wills valid becomes almost a secondary issue to a bigger problem: is the wording included actually enforceable?

When people use DIY kits or AI generated Wills, they usually focus on their major assets such as their property or bank accounts, however there is a risk of a failure to account for everything you own, leading to a legal nightmare: partial intestacy. If a homemade Will fails to distribute all of your assets, they are left completely unprotected and when this happens, the Will only will cover part of your estate. The wealth you have left over is treated as though you have died without a Will and it is handed over to the government’s rules of intestacy. Standard forms and online software will not fully audit your finances or ensure that 100% of your estate is legally captured.

For those who have young children, a Will is the only legal document that you can officially name who raises them should something happen to you. Unfortunately, this is frequently one of the most flawed areas in a homemade Will. Many DIY kits fail to mention guardianship completely and even when they do, poor structure and everyday language can easily render the appointment of a guardian invalid. The criteria to legally appoint a guardian is extremely specific and if you make a mistake it could be completely rejected.

One of the biggest mistakes in a homemade Will is assuming that your estate is too simple to worry about tax. Basic DIY forms or AI generated Wills often completely overlook Inheritance Tax (IHT), which could easily trigger a 40% tax bill on your wealth. IHT rules are complex, especially when calculating property values, allowances and any investments that you might have. A static template will not be able to flag tax-saving opportunities that would protect your estate. By the time your loved ones realise that a legal professional could have shielded your wealth from the taxman, it is already too late.

A lot of people use a homemade Will to protect young children, vulnerable relatives or blended families and doing this requires a legal structure known as a Trust, which is where homemade Wills fall short on. Generic forms or AI could completely misadvise a wrong type of trust for your family dynamic. Even worse, they could fail to grant your Trustees the correct legal powers to manage the assets properly. The consequences are severe, you could accidentally disinherit your own children in a blended family, give an 18-year old a big sum of money before they are mature enough to spend it, or accidentally strip a vulnerable relative of their government benefits.

If you own a holiday home or any other assets overseas, a homemade Will is a major risk. Many people believe that a UK document will cover overseas assets, however foreign assets require highly specialist care. Every country has their own strict inheritance laws and a basic Will kit or AI may fail to address complex cross-border tax issues. Failing to properly structure your Will around foreign assets could leave your loved ones facing a nightmare of competing legal systems and unexpected foreign tax bills.

If you own a business, a share in a partnership or agricultural land, doing a Will yourself will be completely inadequate. Commercial and farming assets will raise distinct legal and tax issues that DIY kits will not be able to handle. Without a legal professional, a homemade Will can disrupt your business continuity and can completely overlook tax reliefs. Failing to structure your Will correctly could force your family to sell the business or agricultural land just to pay the taxman. It takes an expert planning to keep a business running and in the right hands.

In a paperless world, there is an increase of online investments, digital currency and digital photo archives. These are most frequently the most forgotten assets in a homemade Will. Under UK law, these are recognised as personal property and yet a DIY Will would not necessarily take them into account. Most crucially, if you own crypto-assets, relying on a standard template risks your private keys which could lead them to being lost forever, leaving your digital assets locked away in a virtual vault.

A major downfall of DIY Wills and AI written Wills is that no one is vetting the person making the Will and the signing process. Without an independent professional involved, these Wills would be vulnerable to being challenged by the court if you pass away. Disgruntled relatives could easily claim that you lacked the mental capacity to understand what you were doing and what you were signing, or that you were pressured into making the Will. Because there is no independent capacity check by a third party to prove otherwise, these accusations are difficult for your executors to fight. A successful challenge could render your entire Will invalid.

The risks outlined above are serious, but they are entirely avoidable. Working with a solicitor who specialises in wills and estate planning means your wishes are properly drafted, legally sound, and will stand the test of time.

A professional Will from Franklins is tailored to your family, assets and circumstances. We integrate inheritance tax mitigation, reliefs and allowances with lifetime planning and pension nominations. We supervise the signing process to ensure absolute legal certainty, and we keep detailed file notes on your instructions and capacity which protect your estate if any challenge ever arises.

For many families, modest upfront legal costs prevent far greater expense, delay and distress later. Whether you’re in Northampton, Milton Keynes, or surrounding areas, our experienced team can guide you through the process with clarity and confidence.

Disclaimer: This article provides general information only and does not constitute legal advice. You should obtain advice tailored to your circumstances from a qualified solicitor before taking or refraining from any action.

Making a Will is a crucial step in safeguarding your future wishes, but it’s not just about deciding who inherits what. For a Will to be legally valid and enforceable, it must be made correctly – and with a full understanding of the legal requirements involved.

At Franklins Solicitors, we regularly advise clients who are unaware of the potential pitfalls when it comes to writing and signing a Will. Issues around capacity, execution and DIY or online solutions can lead to serious complications – or even render a Will invalid.

For a Will to be valid, the person making it (the testator) must have the mental capacity to do so. This is known as “testamentary capacity” and is a legal requirement under UK law.

The testator must:

As we are all living longer, cases involving capacity are becoming more common. Conditions such as dementia or mental health disorders don’t necessarily prevent someone from making a Will, but they do require extra care and often medical evidence to confirm capacity at the time of signing.

If there is any doubt, it is essential to seek professional legal advice early to avoid disputes later.

While it is legally possible to write your own Will by hand, we strongly advise against it. Homemade Wills, including handwritten or downloaded templates, are more prone to errors in language, format, and execution.

These documents are often:

During their lifetime, people usually do not pay CGT when selling their main home because of Principal Private Residence Relief (PPRR).

For Executors, the rules are different. PPRR is only available if:

A Will may seem straightforward on the surface, but the law surrounding estates, tax, and inheritance is anything but. One missing clause or a poorly chosen word can lead to disputes, delays, or your wishes not being carried out at all.

Online Will-writing services are widely advertised, but they often offer a one-size-fits-all approach that lacks the rigour and personalisation of professional advice. They typically do not account for complex family situations, blended families, business ownership, overseas assets, or vulnerable beneficiaries.

Even for seemingly simple estates, we regularly see clients needing to “fix” or challenge Wills made using online platforms – often at much greater cost than having done it properly in the first place.

One of the most common reasons a Will becomes invalid is incorrect witnessing. For a Will to be legally binding, it must be:

Crucially, witnesses cannot be beneficiaries of the Will, nor can they be married to or in a civil partnership with a beneficiary. If a beneficiary acts as a witness, they will lose their inheritance under the Will, though the rest of the document may remain valid.

Example: If you name your daughter as a beneficiary and she witnesses your Will, she will not receive her inheritance. Even if your son-in-law witnesses the Will, your daughter will lose her entitlement because the witness is married to a beneficiary.

A Will should reflect your current circumstances. Major life events can significantly affect how your estate should be distributed, yet many people forget to review their Will after these changes occur.

Marriage automatically revokes any existing Will unless it was made in contemplation of that specific marriage. This means if you marry after making your Will, you will effectively die intestate unless you make a new Will.

Divorce does not revoke a Will, but it does remove an ex-spouse as a beneficiary or executor – though other provisions remain in place.

We recommend reviewing your Will every five years, or after:

If you have children under 18, your Will should name guardians who will care for them if both parents die. Without this provision, the courts will decide who looks after your children – and their decision may not align with your wishes.

This is one of the most important reasons for parents to make a Will, yet it is frequently overlooked in DIY and online Wills, which often fail to prompt for this information.

A valid Will is not just a piece of paper – it’s a legally binding document and arguably one of the most important you will make. Getting it wrong can have life-changing consequences for those you leave behind.

At Franklins, we work closely with our clients to ensure that every Will is:

Whether you’re writing your first Will or updating an existing one, our experienced Private Client team is here to support you every step of the way.

If you are concerned about an existing Will or would like to make a new one, contact our Wills and Probate team for clear, practical advice.

When someone passes away, their Executors often need to deal with selling assets such as property, shares, or investments. One area that commonly causes confusion is Capital Gains Tax (CGT). The rules are similar to those that apply to individuals selling assets in their lifetime, but there are some important differences that can easily catch Executors out.

A common misconception is that CGT is based on what the deceased originally paid for an asset, which can be worrying if it was bought decades ago and has gone up a lot in value.

The good news is that there is a “free uplift” on death. This means that the starting point for CGT is the asset’s value at the date of death – not what was originally paid. Executors only pay CGT on any increase in value from the date of death to the date of sale.

Example: If the deceased bought a property for £100,000 in 1990, and it was worth £400,000 at the date of death, the estate’s base cost is £400,000. If Executors later sell it for £420,000, CGT is only payable on the £20,000 gain.

CGT only arises when the Estate actually sells an asset for more than its value at death. Importantly, there is no CGT liability when assets are transferred directly to beneficiaries – this is not treated as a disposal for CGT purposes.

This means Executors should consider whether it is better to sell assets themselves or to transfer them to beneficiaries, who can then use their own CGT allowances if they choose to sell later.

During their lifetime, people usually do not pay CGT when selling their main home because of Principal Private Residence Relief (PPRR).

For Executors, the rules are different. PPRR is only available if:

In practice, this usually only applies where the deceased owned the property with someone else who still lives there.

If PPRR does not apply and CGT is due on the sale of UK residential property, Executors must report the gain and pay any CGT due within 60 days of completion.

This is a strict deadline and applies even if the Estate’s overall tax return is not yet due. Failure to report and pay within 60 days can result in penalties and interest charges.

The 60-day rule does not apply to other assets such as shares or commercial property, which are reported on the Estate’s annual tax return.

Just like when selling in your lifetime, the Estate can deduct certain costs from the sale price before working out the taxable gain. These include:

If solicitors are handling the Estate administration, part of their fees can also be deducted.

Estates have the same annual CGT exemption as individuals – currently £3,000 for the 2024/25 tax year (much lower than in recent years).

Executors can only use this exemption in:

After that, the exemption is lost if assets are still unsold.

This means timing can be important. If possible, Executors should consider whether delaying a sale into a new tax year allows them to use another year’s allowance.

A useful tax planning tool is ‘appropriation’, where an asset is allocated to beneficiaries before it is sold.

This means the sale is treated as if it was made by the beneficiaries, not the Estate. Each beneficiary can then use their own CGT allowance in addition to the Estate’s allowance.

For example, if there are three beneficiaries, the gain can be spread across the allowances. This can significantly reduce the overall tax bill.

Appropriation must be done correctly and documented properly, so Executors should take advice before using this strategy.

CGT in Estate administration can be tricky, with rules that differ from those for individuals. Executors should always take professional advice before selling assets, especially where values have risen significantly since the date of death. This ensures that the Estate is managed properly and avoids unexpected tax bills.

If you are acting as an Executor and need guidance on CGT or any other aspect of estate administration, contact our Wills and Probate team for clear, practical advice.

We plan for many things in life: careers, retirement, even our Wills. Yet fewer people prepare for the possibility of losing the ability to make decisions for themselves. With longer life expectancies and rising rates of dementia and other capacity-limiting conditions, planning for mental incapacity is more important than ever.

At Franklins Solicitors, we help individuals and families plan ahead with confidence and compassion. One of the most effective legal safeguards available is a Lasting Power of Attorney (LPA), a document that allows someone you trust to act on your behalf if you lose capacity.

LPAs are not just for the elderly. Anyone can suffer an unexpected accident or illness. Without an LPA in place, your loved ones will not have the automatic right to make financial or healthcare decisions for you – not even your spouse or children.

Instead, they may be forced to apply for deputyship through the Court of Protection, a lengthy, costly and emotionally demanding process. Creating an LPA in advance avoids this scenario and ensures that your wishes are respected by appointing the right people in the right way.

There are two types of Lasting Power of Attorney, each serving a different purpose:

Property and Financial Affairs LPA lets your attorney manage bank accounts, pay bills, collect pensions or even sell your home. This can be used as soon as it is registered, even if you still have capacity, making it useful if you need assistance while abroad or during periods of ill health.

Health and Welfare LPA allows decisions about your care, treatment and where you live, but only if you are unable to decide for yourself. This covers daily routines, medical treatment, moving into a care home and, in some cases, life-sustaining treatment.
Both types can be tailored to your preferences and registered in advance for peace of mind.

When appointing attorneys, many people choose to name more than one person, often family members such as siblings or children. They can be appointed to act jointly (all decisions made together) or jointly and severally (independently or together).

This choice has serious practical implications:

If you are acting as an attorney and encountering problems, or you are unsure whether to appoint attorneys jointly or jointly and severally, professional advice can help you avoid future complications.

Creating an LPA requires several steps:

Registration typically takes 8-10 weeks, though delays can occur. The registration fee is currently £92 per LPA, though exemptions and reductions are available for those on certain benefits.

While it is possible to create an LPA yourself, errors are common and can lead to delays or rejection. At Franklins, we help clients get it right first time, ensuring the document is legally valid, reflects your wishes and works in real-world situations.

If you made an Enduring Power of Attorney (EPA) before 1 October 2007, it may still be valid — but it only covers financial decisions, not health or welfare. We can review your existing EPA to check if it remains appropriate or if a new LPA would offer better protection.

If no LPA is in place and you lose mental capacity, a loved one must apply for deputyship to manage your affairs. This route involves:

Creating an LPA is faster, cheaper and gives you more control over who will act for you and how.

An Advance Decision (sometimes called a Living Will) is a separate document that allows you to specify which medical treatments you do or do not want to receive if you lose capacity to make those decisions yourself.

Unlike a Health and Welfare LPA, which appoints someone else to make healthcare decisions for you, an Advance Decision sets out your own preferences directly. It is legally binding if it meets the requirements of the Mental Capacity Act 2005.

Common decisions include preferences about resuscitation, life-sustaining treatment or specific medical interventions. An Advance Decision works alongside, not instead of, an LPA.

Putting a Lasting Power of Attorney in place is not just a legal task — it is an act of care for your future self and the people around you. It gives your loved ones the tools they need to help you if the time comes.

Whether you are preparing your own LPA or acting as an attorney for someone else, Franklins’ Wills, Trusts and Probate team is here to guide you. From start to finish, we ensure the process is handled correctly, compassionately and with your best interests at heart.

Contact our Wills and Probate team today to discuss Lasting Powers of Attorney and incapacity planning.

Planning how to provide for your children after you are gone can be an emotional and sometimes difficult process. Naturally, most parents want to treat their children fairly. But if a child is vulnerable or has additional learning needs, leaving them an inheritance outright may not always be the best option.

For example, a direct inheritance could:

In these situations, placing money into a Trust is often the most appropriate solution.

A Trust is a legal arrangement where assets such as property, money or shares are held and managed by one or more people (the Trustees) for the benefit of another (the beneficiary).

The Trustees have a legal duty to manage the Trust assets responsibly and in the best interests of the beneficiary. Importantly, because the beneficiary does not legally own the assets, the Trust can protect them from financial risks while still allowing them to benefit from the inheritance.

There are two main types of Trusts commonly used to protect vulnerable children or those with additional needs.

A Discretionary Trust is the most flexible option.

Because the beneficiary has no legal entitlement to Trust funds, their means-tested benefits such as Universal Credit, Personal Independence Payment or housing support remain unaffected.

To guide the Trustees, the person making the Will (the testator) should write a Letter of Wishes. While not legally binding, this document sets out your hopes and intentions, giving Trustees valuable direction when managing the Trust.

A Disabled Person’s Trust is designed specifically for someone who meets the statutory definition of disability under the Mental Health Act 1983 or who receives certain qualifying benefits such as Disability Living Allowance or Personal Independence Payment.

However, if your estate is substantial, the restrictions may mean that surplus funds cannot easily be distributed to others.

Trusts can be created during your lifetime or through your Will.

A Trust created in your Will only takes effect after your death. The Will itself acts as the Trust document, so there is no need for a separate Trust deed. Once your estate has been administered and any Inheritance Tax or debts settled, the Trustees can begin managing the Trust assets for the beneficiary.

Alternatively, you can create a Trust during your lifetime, which may be appropriate if you want to make provision now or if your circumstances require immediate planning.

Appointing the right Trustees is crucial. They will have wide-ranging powers and responsibilities, including the day-to-day administration of the Trust.

When deciding who to appoint, consider people who:

Many families appoint a combination of family members and professional Trustees, such as solicitors, to ensure both personal understanding and professional expertise.

Professional advice is strongly recommended before making your decision.

A Letter of Wishes sits alongside your Will or Trust and provides practical guidance for your Trustees.

A Letter of Wishes can be updated at any time without changing your Will, making it a flexible tool for providing ongoing guidance.

One of the key advantages of using a Trust for a vulnerable child is that it protects their entitlement to means-tested benefits.

If assets are held in Trust, they are not counted as belonging to the beneficiary for benefit assessment purposes. This means they can continue to receive vital support such as:

Without a Trust, a direct inheritance could disqualify them from these benefits or reduce the amount they receive, potentially leaving them worse off overall.

Every family situation is unique, and the most appropriate type of Trust will depend on your specific circumstances. Professional advice ensures that the right decisions are made for both you and your loved ones.

Considerations include:

If you would like tailored advice on Estate Planning and creating a Trust to protect a vulnerable child, our experienced Wills and Probate team is here to help.

While wills are essential for outlining your wishes after death, many individuals choose to take their estate planning further by using trusts as a powerful tool for control, protection and long-term planning. Trusts can offer valuable benefits both during your lifetime and beyond, particularly when it comes to managing wealth, minimising tax and providing for others with precision.

At Franklins Solicitors, we regularly advise clients on how to incorporate trusts into their wider estate strategy. When used correctly, they offer flexibility, clarity and peace of mind. But without proper legal guidance, they can also lead to unexpected risks.

A Trust is a legal arrangement where one or more people (the trustees) hold and manage assets on behalf of others (the beneficiaries). The person who creates the Trust is known as the settlor. Trusts can be used to pass on wealth, protect vulnerable individuals, manage property ownership or structure family business succession.

Contrary to common belief, trusts are not just for high-net-worth individuals. They are widely used in a range of everyday situations, including:

The key is to choose the right type of Trust and ensure it is properly established and maintained.

Trusts can address specific concerns that a basic will cannot. Common situations where trusts prove valuable include:

A life interest Trust allows your spouse to benefit from assets during their lifetime (for example, living in the family home or receiving investment income) while ensuring the capital ultimately passes to your children from a previous relationship.

Rather than inheriting a large sum at 18, funds can be held in Trust and released at specific ages or milestones, such as completing education or buying a first home.

Trusts can support relatives with disabilities or mental health conditions without affecting their entitlement to means-tested benefits.

Trusts can facilitate orderly handover of family businesses, protecting continuity and commercial value across generations.

Certain Trust structures can help protect part of your estate from local authority assessment, though this must be approached carefully to avoid deprivation of assets challenges.

There are several types of trust commonly used in estate planning, each suited to different circumstances:

The simplest form, where the beneficiary has an absolute right to both the capital and income. Often used for straightforward gifts to children or grandchildren.

Also known as an interest in possession trust. The beneficiary receives income or use of an asset (such as living in a property) during their lifetime, with the capital passing to others after their death.

The most flexible option. Trustees have discretion over how and when to distribute income and capital among a class of beneficiaries. This allows them to respond to changing circumstances and individual needs.

A trust created within your will that only takes effect after your death. This avoids the need for a separate trust deed during your lifetime.

Each type has different tax implications and suitability depending on your circumstances.

A declaration of trust is a specific type of legal document used to record how property is owned when two or more people have unequal financial interests. This is particularly common where one person has contributed more to a property deposit or mortgage, or where parents have helped a child buy their first home.

Without a declaration of trust, assumptions can lead to costly disputes later, especially if a relationship breaks down or if one co-owner dies. Having this documentation in place helps to clarify contributions and entitlements from the outset, offering protection and transparency for all parties involved.

In recent years, some individuals have been encouraged to gift their property into a trust as a way of avoiding care home fees or inheritance tax. While this strategy might sound appealing, it can be highly risky and, in many cases, ineffective.

If not done correctly, such transfers may be challenged by local authorities under deprivation of assets rules. They could also create unexpected tax liabilities or even result in the loss of legal control over your home.

At Franklins, we strongly recommend seeking advice before making any decisions about gifting assets. A full understanding of the legal and financial consequences is essential before proceeding.

Appointing trustees is one of the most important decisions when setting up a trust. Trustees have wide-ranging legal responsibilities, including:

When choosing trustees, consider people who:

Many families appoint a combination of trusted family members and professional trustees (such as solicitors) to balance personal knowledge with professional expertise and continuity.

Since the introduction of the Trust Registration Service (TRS), many Trusts, including some that were previously exempt, are now required to be registered with HMRC. This includes certain bare trusts and co-ownership arrangements that many people do not realise qualify.

Failure to register a Trust can result in penalties and complications, especially when administering an estate or selling a property. Our team provides clear guidance on whether your Trust needs to be registered, and we can manage the registration process for you.

The TRS is part of HMRC’s efforts to improve transparency and prevent money laundering. Even if you created a Trust years ago, you may now have registration obligations.

Creating a trust is not a one-off event. Trusts require ongoing administration, which can include:

Professional trustees typically handle these responsibilities as part of their service. For family trustees, understanding these obligations before agreeing to act is essential.

Trusts have complex tax implications that vary depending on the type of trust and when it was created. Key tax issues include:

Assets placed in most trusts during your lifetime are treated as chargeable lifetime transfers and may trigger an immediate tax charge if they exceed the nil-rate band (currently £325,000). If you survive seven years after creating the trust, the assets generally fall outside your estate for inheritance tax purposes.

Income generated within a trust is typically taxed at higher rates than income received by individuals. The specific rates depend on the trust type.

Trusts have their own capital gains tax allowance, currently half the personal allowance available to individuals.

Professional advice is essential to understand how these taxes apply to your specific situation and to structure trusts in the most tax-efficient manner.

Trusts can be a valuable part of your estate plan, but they must be approached with care. With the right advice, they offer flexibility, protection and a way to meet your family’s needs long into the future. Without proper legal input, however, they can be misunderstood, misapplied and potentially challenged.

At Franklins, we work closely with individuals, families and business owners to create bespoke trust and estate planning solutions that align with your goals. Whether you need to create a trust, register an existing one or understand your options, we are here to help you plan with clarity and confidence. 

To discuss trust planning or any aspect of your estate, contact us to arrange a consultation with our private client team.

Despite its importance, writing a Will is something many people put off. It is not always easy to think about the future in this way, but making a Will is one of the most responsible steps you can take to protect your loved ones and ensure your wishes are respected.

At Franklins Solicitors, we understand the impact a well-drafted Will can have, and more importantly, the problems that can arise when one is not in place.

When someone dies without a valid Will, their estate is distributed under the rules of intestacy. These rules are rigid, impersonal and often do not reflect modern family arrangements. For example, unmarried partners and stepchildren have no automatic right to inherit under intestacy, regardless of the nature or length of the relationship.

This can lead to distress, disputes and delays for those left behind, particularly if there are family members who believed they would inherit, or if there are disagreements over funeral wishes and financial arrangements.

In England and Wales, if you die without a Will and your estate is worth more than £322,000, your spouse or civil partner will inherit the first £322,000, plus half of the remaining estate. The other half is divided between your children. If your estate is worth less than £322,000, your spouse inherits everything and your children receive nothing.

Unmarried partners receive nothing under intestacy, regardless of how long the relationship lasted. This means your partner could face significant financial hardship or even lose the family home.

Without a Will:

A Will allows you to decide exactly who benefits from your estate and what they receive. You can leave specific items to particular people, make cash gifts, or divide your estate in percentages.

If you are not married or in a civil partnership, your partner has no automatic right to inherit anything from your estate, even if you have been together for decades or have children together. Only a Will can protect them.

If you have children under 18, a Will lets you choose who will look after them if both parents die. Without a Will, the court will decide, and this may not be the person you would have chosen.

Proper planning through your Will can help reduce the amount of Inheritance Tax your estate pays. This might include making use of tax reliefs, setting up trusts, or leaving gifts to charity.

You can use your Will to ensure your partner or children can continue living in the family home. This might involve leaving them the property outright, giving them a life interest, or setting up a trust.

If you have a child or relative with a disability or who cannot manage money, you can set up a trust in your Will to provide for them without affecting their entitlement to means-tested benefits.

A Will allows you to leave gifts to charities or causes that matter to you. Gifts to charity can also reduce the Inheritance Tax payable on your estate.

Executors are responsible for administering your estate, paying debts and distributing assets. Your Will allows you to choose people you trust to carry out these important duties.

A clear, professionally drafted Will reduces the risk of arguments between family members. It sets out your wishes in legally binding terms, leaving little room for misunderstanding or challenge.

While not legally binding, your Will is an appropriate place to record preferences about your funeral arrangements, whether you wish to be buried or cremated, and any specific requests.

You should review your Will every three to five years, or whenever your circumstances change significantly. Key life events that should prompt a review include:

Making a Will involves several important steps:

Calculate your total assets, including property, savings, investments, pensions and personal possessions. Deduct any debts such as mortgages, loans and credit cards to understand your net estate.

Consider who you want to inherit and what you want them to receive. Think about contingency plans if a beneficiary dies before you.

Select trustworthy people who are capable of handling the responsibilities. Many people choose two Executors to share the workload. You can appoint professional Executors such as solicitors for complex estates.

Think about whether your estate will be liable for Inheritance Tax and whether there are steps you can take to reduce this through your Will.

Have your Will professionally drafted to ensure it is legally valid and clearly expresses your wishes. Errors in wording or structure can invalidate a Will or create ambiguity.

In England and Wales, your Will must be signed by you in the presence of two independent witnesses, who must also sign in your presence. Witnesses cannot be beneficiaries or married to beneficiaries.

Keep your Will in a secure location and ensure your Executors know where to find it. Many people store Wills with their solicitor or with the Probate Service for safekeeping.

In an age of online templates and DIY Will kits, it is tempting to take a shortcut. But a poorly drafted Will can cause more harm than good. Errors in wording, execution or even witnessing can render it invalid or open the door to costly and emotionally charged disputes.

Common problems with DIY Wills include:

Our experienced Wills and Probate team can help you avoid these risks. We ensure your Will is legally sound, clearly expressed and tailored to your personal circumstances, including any tax planning considerations, business succession issues or vulnerable beneficiaries.

The cost of making a Will varies depending on the complexity of your estate and your personal circumstances. For a straightforward Will, you might expect to pay between £150 and £300 per person. More complex Wills involving trusts, business assets or tax planning may cost £500 or more.

While this might seem expensive compared to a DIY Will kit, the cost of getting it wrong can be far greater. An invalid or poorly drafted Will can result in expensive legal disputes, unintended tax liabilities or your estate being distributed in ways you never intended.

Making a Will is one of the simplest and most important things you can do to protect your family’s future. At Franklins, we make the process straightforward, respectful and secure.

Whether you are making a Will for the first time or updating an existing one, we provide clear, practical advice every step of the way.

To arrange a consultation with our private client team at our Northampton or Milton Keynes office, contact us today.

While wills are essential for outlining your wishes after death, many individuals choose to take their estate planning further – using trusts as a powerful tool for control, protection and long-term planning. Trusts can offer valuable benefits both during your lifetime and beyond, particularly when it comes to managing wealth, minimising tax and providing for others with precision.

At Franklins Solicitors, we regularly advise clients on how to incorporate trusts into their wider estate strategy. When used correctly, they offer flexibility, clarity and peace of mind. But without proper legal guidance, they can also lead to unexpected risks.

Understanding Trusts: more than just for the wealthy

A trust is a legal arrangement where one or more people (the trustees) hold and manage assets on behalf of others (the beneficiaries). Trusts can be used to pass on wealth, protect vulnerable individuals, manage property ownership, or structure family business succession.

Contrary to common belief, trusts aren’t just for high-net-worth individuals. They are widely used in a range of everyday situations, including:

• Providing for children or grandchildren
• Ring-fencing assets from care home fees or divorce
• Protecting beneficiaries with disabilities or addiction issues
• Managing assets after remarriage or in blended families

The key is to choose the right type of trust and ensure it is properly established and maintained.

Declarations of Trust: Clarifying Property Ownership

A declaration of trust is a specific type of legal document used to record how property is owned when two or more people have unequal financial interests. This is particularly common where one person has contributed more to a property deposit or mortgage, or where parents have helped a child buy their first home.

Without a declaration of trust, assumptions can lead to costly disputes later — especially if a relationship breaks down or if one co-owner dies. Having this documentation in place helps to clarify contributions and entitlements from the outset, offering protection and transparency for all parties involved.

The Dangers of Gifting Property into a Trust

In recent years, some individuals have been encouraged to gift their property into a trust as a way of avoiding care home fees or inheritance tax. While this strategy might sound appealing, it can be highly risky – and in many cases, ineffective.

If not done correctly, such transfers may be challenged by local authorities under deprivation of assets rules. They could also create unexpected tax liabilities or even result in the loss of legal control over your home.

At Franklins, we strongly recommend seeking advice before making any decisions about gifting assets. A full understanding of the legal and financial consequences is essential before proceeding.

Trust Registration: Staying Compliant

Since the introduction of the Trust Registration Service (TRS), many Trusts – including some that were previously exempt – are now required to be registered with HMRC. This includes certain bare trusts and co-ownership arrangements that many people don’t realise qualify.

Failure to register a trust can result in penalties and complications, especially when administering an estate or selling a property. Our team provides clear guidance on whether your trust needs to be registered and we can manage the registration process for you.

Thoughtful Planning, Expert Support

Trusts can be a valuable part of your estate plan – but they must be approached with care. With the right advice, they offer flexibility, protection and a way to meet your family’s needs long into the future. Without proper legal input, however, they can be misunderstood, misapplied and potentially challenged.

At Franklins, we work closely with individuals, families and business owners to create bespoke trust and estate planning solutions that align with your goals. Whether you need to create a trust, register an existing one, or understand your options, we’re here to help you plan with clarity and confidence.

Planning how to provide for your children after you are gone can be an emotional and sometimes difficult process. Naturally, most parents want to treat their children fairly. But if a child is vulnerable or has additional learning needs, leaving them an inheritance outright may not always be the best option.

For example, a direct inheritance could:

• Affect their entitlement to means-tested benefits or support services
• Put them at risk of financial exploitation
• Be difficult to manage if they are unable to handle money independently

In these situations, placing money into a Trust is often the most appropriate solution.

Types of Trusts

There are two main types of Trusts commonly used to protect vulnerable children or those with additional needs.

1. Discretionary Trust

A Discretionary Trust is the most flexible option.

• Your child can be included as a potential beneficiary alongside others, such as siblings, family members, or even charities.
• Being named as a beneficiary does not give them automatic entitlement to the Trust funds. Instead, the Trustees decide how and when money should be used to support them.
• This allows the Trustees to make decisions in your child’s best interests, ensuring they are provided for in a way that meets their individual needs.

To guide the Trustees, the person making the Will (the testator) should write a Letter of Wishes. While not legally binding, this document sets out your hopes and intentions, giving Trustees valuable direction when managing the Trust.

2. Disabled Person’s Trust

A Disabled Person’s Trust is designed specifically for someone who meets the statutory definition of disability under the Mental Health Act 1983.

• It is less flexible than a Discretionary Trust. While you can name other beneficiaries, the Trustees’ ability to provide for them is restricted to the lower of £3,000 per year or 3% of the Trust’s assets.
• This can be helpful in ensuring the majority of the funds remain for the benefit of the vulnerable child.
• However, if your estate is substantial, the restrictions may mean that surplus funds cannot easily be distributed to others.

Choosing Your Trustees

Appointing the right Trustees is crucial. They will have wide-ranging powers and responsibilities, including the day-to-day administration of the Trust.

When deciding who to appoint, consider people who:

• Understand the needs of the beneficiaries
• Can work well together
• Are capable of managing the financial and legal responsibilities involved

Professional advice is strongly recommended before making your decision.

Letters of Wishes

A Letter of Wishes sits alongside your Will or Trust and provides practical guidance for your Trustees.

• It does not need to be in formal legal language
• It is not legally binding but it helps Trustees understand your intentions and preferences
• It can give you peace of mind that your wishes will be taken into account

Why Professional Advice Matters

Every family situation is unique and the most appropriate type of Trust will depend on your specific circumstances. Professional advice ensures that the right decisions are made for both you and your loved ones.

If you would like tailored advice on Estate Planning and creating a Trust, please contact our experienced Private Client team: