Wills - Oakwood Solicitors Ltd - Roundhay Road

The Experts in Wills and Probate

At Oakwood Solicitors, we understand the unique challenges and risks faced by military personnel. Whether you are serving at home or returned from active service, safeguarding your family’s future with a professionally drafted Will is an essential step in ensuring your loved ones are protected and your wishes are respected.

We are proud to offer bespoke Will-writing services specifically tailored to those in the armed forces. Our experienced solicitors provide expert advice and compassionate guidance to help you navigate the complexities of estate planning while addressing the specific requirements of military life.

At Oakwood Solicitors, we offer discounts for the preparation of Single and Mirror Wills for those who have served our country. We can also assist with other matters, such as making a Lasting Power of Attorney (LPA), Trust advice and estate administration services.

Why Military Personnel Need a Will

Serving in the military presents unique circumstances that many civilians may not face. Frequent relocations, deployment to high-risk zones, and the dangers of military service make having a Will even more crucial for military personnel, as well as the importance of having one in place upon retirement.

Without a valid Will, your estate may not be distributed according to your wishes, and your loved ones may face unnecessary financial and legal difficulties at a time of grief.

Key reasons to have a Will include:

Peace of Mind: Know that your estate will be managed and distributed in accordance with your instructions.
Protection for Your Loved Ones: Ensure that your family, including any children or dependents, are provided for financially.
Clarity and Control: Specify who will manage your estate, act as guardians for your children, and benefit from your estate.
Avoiding Intestacy: If you die without a Will, Intestacy Rules set out who will receive your estate, which may not align with your personal wishes.

Other Services We Offer

Trusts

We can help you set up a Trust, to hold or protect assets (whether investments of cash/shares/bonds or property) for the benefit of named persons (the beneficiaries) or for a specific purpose.

We can provide guidance and advise for existing Trusts and prepare all Trust documents as required.

A Trust can be created during your lifetime or in your Will. Those which are included in your Will will only come into existence upon your death.

Oakwood Solicitors can advise and guide you when considering who to appoint as Trustees, as they manage and control assets on behalf of your chosen beneficiaries during your lifetime and when you are no longer here.

What are Trusts for?

Trusts are set up for many reasons, including:

The protection of assets for your children and other relatives
To maintain assets within the family
To protect family assets upon divorce or separation from a partner
To manage the financial assets of a minor beneficiary (under the age of 18)
To manage the financial assets of a vulnerable beneficiary (due to mental or physical incapacity, financial irresponsibility, risk of bankruptcy, or substance abuse issues)
Lifetime Inheritance Tax planning
To pass on assets to specific beneficiaries during your lifetime
To pass on assets to specific beneficiaries after your death – this is known as a ‘Will Trust’)

Declaration of Trust

A Declaration of Trust is a legal document drawn up when people buy property together and wish to reflect the legal arrangements under which they will own, fund and sell property, and, most specifically, how the sale proceeds would be divided.

A Declaration of Trust can be beneficial when an unmarried couple buys a property together to protect their financial contributions, should the relationship break down, or when parents contribute towards their child’s home and wish to lay out how they are repaid.

A Declaration of Trust can minimise issues further down the line, by providing a clear structure for the division of the sale proceeds (known as the equity) at the outset and can ensure that unequal contributions are protected.

A Declaration of Trust can be used to avoid disagreements as to how much each owner will pay towards the costs associated with the property, what will happen if one person wants to sell their share of the property and how any mortgage on the property will be paid off.

Making a Declaration of Trust requires each party to be clear about their expectations in co-owning a property and the arrangements for running the property. Although this may be a difficult conversation in the first instance, it will avoid uncertainty and disagreements in the future.

Lasting Power of Attorney (LPA)

We can offer services to assist you in making a Lasting Power of Attorney.

A Lasting Power of Attorney (LPA) is a document whereby an individual (known as the donor) over the age of eighteen who has capacity to make their own decision, can choose who they wish to appoint to help them manage their financial and property decisions or health and welfare decisions should they become mentally or physically incapacitated and unable to make these decisions themselves.

If you lose your mental capacity without an LPA in place an application must be made to the Court of Protection, to appoint a Deputy to make decisions on your behalf, which is a much more costly and timely process. By having an LPA in place, you have peace of mind that someone you trust is appointed to look after your affairs should you lose your capacity.

Court of Protection

The Court of Protection is there to appoint a Deputy or make decisions and manage the finances and property affairs for people who lack mental capacity, and who do not have an LPA in place.

Although you are not required to instruct a solicitor to make an application to the Court of Protection, the process can be complicated.

At Oakwood Solicitors Ltd, our team of specialists can help alleviate the stress by offering the following services:

Providing in-depth advice concerning the application process
Preparing all forms on behalf of the applicant
Arranging the required mental capacity assessment for all applications.
Assessing any eligibility to apply for an exemption or reduction of the Court of Protection application fee
Dealing with all the formalities during the application process
Guiding the Deputy appointed once the Order has been received
Offering you a fixed fee for non-complex Court of Protection applications
Offering additional services for new and existing Deputies.

Probate and estate administration

At Oakwood Solicitors Ltd, we offer services to assist you in all types of Probate applications and Estate Administration.

Probate is the term given to the legal authorisation of a person to deal with the estate of a deceased person whether under the terms of a Will or as the closest relative under the Intestacy rules. The document received will be a Grant of Probate or a Grant of Letters of Administration.

The probate process ends once the estate has been identified, all taxes and debts have been paid, and the estate has been distributed.

Who can apply for a Grant of Probate?

If you are named as an Executor in the Will, you can apply for Probate.

If there isn’t a Will and you are the next of kin, the order of priority for applying for Letters of Administration is as follows:

Spouse
Children (including children adopted by the deceased but excluding stepchildren)
Parents
Siblings
Grandparents
Uncles or aunts
If children, siblings, and uncles or aunts of the deceased person have died before the deceased, their children may apply for probate.

It’s worth noting that if you are named in the Will as the chosen Executor or you are next of kin, but you don’t want to act, you don’t have to.

Estate Administration

The administration of the estate can be complex and time-consuming at a time when you are dealing with the loss of a loved one we can advise you with this. By using Oakwood Solicitors Ltd, we can:

Interpret the Will and identify who the Executors are
Identify who will “administer” the estate in the absence of a Will
Value the estate
Prepare the Inheritance Tax account to HM Revenue & Customs
Prepare the application for the appropriate Grant of Representation
Arrange the payment of any Inheritance Tax due from the estate
Administer the estate and distribute it to the appropriate beneficiaries
Prepare estate accounts
Provide advice and full administration of an estate if no Will has been left
Advise and administer insolvent estates
Offer a fixed fee for obtaining the Grant only
Offer a fixed fee estimate for the full administration of an estate at the outset of the matter

We can provide additional assistance to Executors/Administrators during the administration of the estate by:

Providing advice on any post-death changes to the Will or Intestacy
The distribution only of the estate to the named beneficiaries
A reseal of a foreign Grant (if appropriate)
Liaising with an overseas solicitor or lawyer to deal with assets located abroad
Reconstituting the title deeds of an unregistered property
Dealing with the sale or transfer of a property

Frequently Asked Questions

Why should I use Oakwood Solicitors Ltd?

At Oakwood Solicitors Ltd, we know that writing a Will or dealing with legal matters may seem like a daunting task that many put off – especially during times of stress or grief. However, our dedicated team of solicitors are here to take away the burden and make it as simple as possible.

Our team has gained an excellent reputation amongst local organisations and their client-base for delivering a personal and compassionate service. We also specialise in helping Military Personnel with their legal matters, and are members of the Armed Forces Covenant.

We are proud to be partnered with Armed Forces charity Front Foot, and also offer a 50% discount on Single and Mirror Wills for servicemen and women.

As an SRA regulated firm, we pride ourselves on having a high standard of customer service and making all our current and potential clients feel at ease when making any decisions regarding their future wishes.

Welcomed and at ease

I was made to feel welcomed and at ease. Details taken swiftly and sympathetically. Then was given a positive response within a very short space of time.

- Satisfied Client

Quick and professional

Response was quick, and professional.