Wills, Probate & Trusts

As a traditional firm of solicitors, the wills probate and trusts department has been central to E Rex Makin & Co throughout its 60 year history. During that time we have built up a wealth of experience in dealing with all aspects of this area of law. We have acted for clients whose circumstances vary widely and are used to dealing with instructions that are out of the ordinary.

Wills
We seek to give legal effect to your wishes and avoid difficulties and distress that may arise on death by drafting wills that meet your personal requirements. We advise on the appointment of appropriate executors, trustees and guardians; the formation of trusts, bequests and charitable legacies; tax planning; provision for dependents and other sensitive issues that may arise on death depending upon your circumstances.

Probate and Administration of Estates
We provide an efficient and sympathetic service in respect of the administration of estates. We can assist with funeral arrangements, obtaining the Grant of Representation, dealing with Inheritance and Income Tax issues, collection of assets and payment of liabilities, preparing accounts and distribution to beneficiaries.

Trusts (Including Charitable Trusts) and Tax Planning
We also undertake work on lifetime tax planning; the creation and administration of personal and charitable trusts; and the duties and powers of trustees. We advise on the role and responsibilities of those running Charities.

Lasting Powers of Attorney and Court of Protection
We are able to help with the two types of Lasting Powers of Attorney (‘LPA’). The Property and Affairs LPA allows an attorney to help both before and after loss of capacity. The Personal Welfare LPA is only effective on loss of capacity but it gives guidance on wishes in relation to welfare and medical issues and is a form of ‘Living Will’. We advise in relation to Court of Protection: that Court has the jurisdiction to make decisions in respect of a person's property and affairs as well as a person’s welfare for those who lack the mental capacity to deal with such matters.

Disputes and Litigation
The litigation team is experienced in dealing with all contentious matters including claims under the Inheritance Act.