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.

We plan for many things in life, careers, retirement, even our Wills but fewer people prepare for the possibility of losing the ability to make decisions for themselves. Yet 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.

Why LPAs Matter

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.

Two Types of LPA

There are two types of Lasting Power of Attorney:

• Property and Financial Affairs LPA – lets your attorney manage bank accounts, pay bills, collect pensions or even sell your home.
• Health and Welfare LPA – allows decisions about your care, treatment and where you live (but only if you’re unable to decide for yourself).

Both types can be tailored to your preferences and registered in advance for peace of mind.

Appointing Attorneys: Making it Work in Practice

When appointing attorneys, many people choose to name more than one person, often family members such as siblings or children, to act jointly or jointly and severally. This choice has serious practical implications.

If attorneys are appointed jointly, they must make all decisions together. This requires strong communication and a shared approach. Disagreements or lack of availability can make the arrangement unworkable and delay important decisions.

If attorneys are appointed jointly and severally, they can act either together or independently, which offers greater flexibility. However, this must be balanced against the need for trust and clarity.

Common challenges we see include:

• Disagreements between siblings or family members acting jointly
• Difficulty accessing bank accounts or making time-sensitive decisions
• Confusion over responsibilities and legal boundaries

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

The LPA Process: Avoiding Mistakes

Creating an LPA requires:

• Choosing your attorneys and how they will act
• Completing the correct forms and wording
• Signing and witnessing the documents in the correct order
• Registering with the Office of the Public Guardian (OPG)

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.

What About Existing EPAs?

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.

LPA vs Deputyship: The Cost of Delay

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 court fees, time-consuming paperwork, ongoing reporting obligations and possibly the appointment of someone you wouldn’t have chosen.

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

Plan Ahead and Plan Thoughtfully

We frequently advise clients who’ve been appointed as attorneys, often alongside siblings and are unsure how to proceed or how to manage difficult dynamics. Choosing the right attorneys and the right structure (joint or joint/several) can avoid conflict, delays and unintended consequences.

Protect Yourself and Those You Trust

Putting a Lasting Power of Attorney in place is not just a legal task, it’s 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’re 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.

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 often 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.

Mental capacity: a vital foundation

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:

• Understand they are making a Will and what that means
• Know the extent of their estate (what they own)
• Understand who they are choosing to benefit and why
• Not be suffering from any mental disorder that influences their decisions

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.

The risks of handwritten and DIY Wills

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:

• Invalid due to incorrect witnessing
• Vague or contradictory in wording
• Incomplete in dealing with all assets
• Unclear about executors, guardians, or tax implications

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.

The truth about online wills

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.

Peace of mind through proper planning

A valid Will is not just a piece of paper – it’s a legally binding document and arguably one of the most important documents 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:

• Valid and properly executed
• Clear and tailored to their unique circumstances
• Backed by appropriate capacity assessments where needed
• Reviewed regularly as life evolves

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.

The death of a loved one is always difficult. When disagreements arise over their estate, the situation can become even more stressful. Whether you’ve been unexpectedly left out of a Will, suspect undue influence, or have concerns about how an estate is being handled, it’s important to understand your rights and the options available to you.

At Franklins Solicitors, our Wills, Trusts and Probate team regularly advises clients on inheritance disputes and contentious probate, helping to protect their interests and resolve matters as smoothly as possible.

If you believe you should have inherited something but have been left out of a Will, you may be able to challenge it or make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

The Act allows certain categories of people to claim reasonable financial provision from an estate:

The court considers various factors when deciding whether to make an award, including your financial needs, the size of the estate and any obligations the deceased had towards you.

Act quickly: claims under the Inheritance Act must usually be made within six months of the grant of probate. If you miss this deadline, you will need the court’s permission to proceed, which is rarely granted.

If you are contesting a Will or believe there’s a risk that an estate will be distributed unfairly, it may be possible to prevent or delay probate.

This is usually done by entering a caveat with the Probate Registry. A caveat temporarily stops the grant of probate from being issued, giving time for legal issues to be investigated. A caveat lasts for six months but can be extended.

However, caveats should not be used lightly or to cause unnecessary delay. They are best reserved for situations where there is a genuine concern about the validity of a Will or entitlement to the estate.

If a grant of probate has already been issued, you can still challenge the Will, but it becomes more complicated as assets may have already been distributed. Acting quickly is essential.

A Will can be challenged if there is evidence of:

The person making the Will must have understood what they were doing, known the extent of their estate, and comprehended who they were choosing to benefit. If they lacked this understanding due to dementia, illness, or other conditions, the Will may be invalid.

If someone pressured or manipulated the deceased into changing their Will, it may be set aside. This is particularly common where vulnerable elderly people are involved, and a new Will unexpectedly benefits a carer or family member to the exclusion of others.

If there are doubts about whether the Will is genuine, or if someone has altered the document, this is a serious matter that can invalidate the entire Will.

A Will must be properly signed and witnessed by two independent witnesses who are present at the same time. If these requirements were not followed, the Will may be invalid.

Not all disputes are about the validity of the Will itself. Sometimes, concerns arise over how executors are managing the estate.

Common issues include:

Beneficiaries have a right to hold executors to account. In serious cases, it may be possible to apply to the court to remove an executor and appoint a replacement.

While court proceedings are sometimes necessary, they can be costly, time-consuming, and damaging to family relationships. Alternative Dispute Resolution (ADR) methods, particularly mediation, can often achieve better outcomes.

Mediation involves a neutral third party helping all sides communicate and find a mutually acceptable solution. It is:

Mediation is particularly effective where the dispute is about fairness rather than legal invalidity. For example, if family members feel the distribution is unequal but the Will is legally valid, mediation can help find a solution that everyone can accept.

Some cases cannot be resolved through negotiation or mediation. Where there is evidence of fraud, forgery, or serious executor misconduct, court proceedings may be the only option.

Our team has extensive experience in contentious probate litigation and will pursue your case robustly when needed.

Whether you need to:

Our specialist solicitors are here to help. At Franklins, we provide clear, compassionate legal advice tailored to your situation, aiming to achieve the best possible outcome – whether through negotiation, mediation, or, if necessary, litigation.

If you’re facing an inheritance dispute, contact our Contentious Probate team today for expert support.

Planning Ahead: Why a Lasting Power of Attorney Matters

Life is unpredictable and while we naturally hope for the best, preparing for the unexpected is crucial. We often focus on things like retirement savings, property and our estate but the prospect of losing mental or physical capacity — even temporarily — is something many people overlook.

Preparing for potential incapacity isn’t just about financial protection but also about ensuring that our wishes are respected when we can’t speak for ourselves. Illness, injury, or the natural effects of ageing can sometimes leave us vulnerable, so having a plan in place to manage both health and financial decisions during such times is incredibly important.

It’s almost like putting a safety net in place — not because we expect to fall but because if we do, we want to be certain it’s there to catch us and that it will catch us in the way we would have chosen.

One of the most empowering things you can do is take control of the situation by planning ahead. A Lasting Power of Attorney (LPA) is an essential legal document that allows you to appoint one or more individuals, known as your ‘Attorney(s)’, to make decisions on your behalf if you either authorise them to act whilst you have capacity (this option is only available for your financial LPA) or if you become unable to do so yourself, whether due to illness, injury, or incapacity.

There are two main types of LPAs:

• Property and Financial Affairs LPA – covers decisions relating to your finances, property and other assets.
• Health and Welfare LPA – covers decisions about your personal health, where you live, medical care, day-to-day activities and well-being.

Why Preparing a Lasting Power of Attorney is Important

1. Control over who makes decisions for you — Without an LPA in place, if you lose mental capacity, decisions about your care or finances could be made by someone that you may not want to be involved, or even the local authority.
2. Peace of mind for you and your loved ones — Having an LPA in place gives both you and your family peace of mind. If something happens and you’re no longer able to make decisions, your appointed Attorney(s) will already be empowered to step in. This reduces stress and uncertainty for your family during a challenging time.
3. Prevents delays and possible complications — Without an LPA, your family might have to apply to the Court of Protection for a deputyship order. This process can be lengthy, costly and stressful. An LPA avoids this situation by giving someone immediate authority to act on your behalf once the document has been registered.
4. Flexibility — You can specify exactly what decisions you want your attorney to be able to make. For example, with the Property and Financial Affairs LPA, you can choose whether your attorney can make decisions about your property immediately or only after you’ve lost mental capacity. While this option isn’t available for the Health and Welfare LPA, you can include carefully worded preferences or instructions on matters such as medical treatment, care options and even life-sustaining treatment decisions.

For further advice and assistance please contact our Wills, Trusts and Probate team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk.

Important Lessons from the Recent Case of Margaret Baverstock

The recent case regarding the late Margaret Baverstock highlights the critical importance of adhering to the legal requirements when preparing and signing a Will. In this case, the Judge concluded the deceased lacked the required testamentary capacity and that the Will signed just eight days before her passing was not validly executed, commenting as follows:

Comments Regarding Testamentary Capacity:

• “The deceased was also extremely frail and on her deathbed. In these circumstances, it was necessary to question Margaret to ensure her understanding.”
• “Merely reading out the document and asking if she understood it was not enough.”

Comments Regarding the Signing of the Will:

• “I am satisfied that the deceased had no idea what was going on. She was unable to act independently and, although she responded with a ‘yeah’ or even a grunt when addressed as mum, that was simply a response to being directly addressed and didn’t indicate consent to signing the Will or acknowledging its contents.”
• “She looked completely blank during the reading of the Will and on all, save one occasion, she only responded to her daughter.”
• “At no point did Margaret ask Lisa for help in signing the Will or direct her to sign the Will on her behalf. Nobody ensured that she understood what was happening by asking her questions about the contents of the Will or asking her to tell them her wishes and she cannot fairly be said to have signed the Will.”

As there was no previous Will, the Judge confirmed that the Will was invalid and the intestacy rules applied, resulting in the estate being split equally between the deceased’s two children — one of whom would have received nothing if the Will had been upheld.

Key Points to Bear in Mind When Preparing and Signing Your Will

1. Capacity to Make a Will

• You must be at least 18 years old.
• You must be mentally sound and capable of understanding the nature of the Will, what it contains and the consequences of making the Will. If there are any concerns, a capacity report will usually be requested by the Legal Advisor.
• The Legal Advisor will prepare a detailed note documenting the circumstances of the Will’s preparation, reasons for its form and considerations regarding capacity — adding protection to your Will.

2. Signing the Will

• The Testator must sign the Will in the presence of two independent witnesses. Both witnesses must be present at the same time and watch the Will being signed.
• Witnesses cannot be beneficiaries (people who stand to inherit under the Will) or their spouses/civil partners, to avoid conflicts of interest.
• If you cannot physically sign the Will yourself, someone else can sign on your behalf in your presence but additional legal requirements must be met depending on the circumstances.

3. Witnessing the Will

• After you sign the Will, your witnesses must sign it in your presence and in the presence of each other.
• Each witness should provide their full name, address and occupation next to their signature.

4. Changes to the Will

• If you want to amend your Will, you can either create a codicil (a legal amendment) or make a new Will altogether. The same signing and witnessing rules apply.
• It’s advisable to keep your Will updated to reflect major life changes such as marriage, divorce, births, or deaths.

Here at Franklins Solicitors, we offer a comprehensive Will writing service.
For further advice and assistance, please contact our Wills, Trusts and Probate team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk.