Probate & Estate Planning

When it comes to offering contentious trusts and probate advice, the Keystone team recognises that early stage involvement and quality advice can provide the keys to conflict avoidance. Wherever possible, our solicitors will utilise alternative dispute resolution (ADR) methods including negotiation and mediation. Should court proceedings be absolutely necessary, we ensure that they are conducted professionally and as cost-effectively as possible.

The appointment of a Lasting Power of Attorney (LPA) is not always possible. In these circumstances, we work closely with the family to apply for the appointment of a Deputy to the Office of Public Guardian (OPG). These can be testing times for all involved and our experts deal with each individual case sensitively. We are also experienced in applying for various specific orders, and can advise clients on concerns that they may have, relating to the conduct of an LPA or Deputy. Should the situation arise in which an application is made by a third party to the OPG or Court, our lawyers are on hand to guide clients every step of the way.

We often advise those with assets or liabilities across a number of jurisdictions on how to best minimise future difficulties that may arise. Many of our clients reside in one country whilst posessing substantial assets in another. We can advise on the English legal implications that occur from cross-border probate, wills and capacity issues. We also liaise with overseas advisers, HMRC, and the Probate Registry to resolve what can be complex legal and tax issues both their lifetime and after death.

In certain circumstances, an inheritance may be disputed and our team regularly advises clients on both sides of the table. We assist those wishing to make an Inheritance Family Provision claim, in relation to the merits of the claim and subsequently how to pursue it effectively. We are also adept to successfully representing executors or beneficiaries in relation to a claim filed against them.

Death is a difficult subject to broach. However, it is an eventuality and adequate inheritance tax planning is vital to ensure that assets are left to elected beneficiaries, in accordance with the wishes of the deceased. We regularly advise clients, in estate planning, in relation to the preparation of wills and trusts and do so in a tailored way that suits the needs of each individual.

Appointing a Lasting Power of Attorney (LPA) is an important life decision. Our team works closely with clients to ensure that they fully understand the extensive powers that are granted by an LPA. We can prepare and register Property and Financial Advice LPAs and Health and Welfare LPAs. Where an LPA is not possible or for various specific orders of the Court – for example for leave to make gifts, the team is skilled at dealing with applications to the Court of Protection for appointment of a Deputy. In addition, if you are concerned about the conduct of an attorney or deputy, or wish to contest an application to the OPG or the Court that someone else is making, the team is on hand to assist.

Our lawyers offer practical and tax advice in relation to the establishment of UK trusts, and we understand that trustees or beneficiaries will require ongoing legal and practical guidance. We provide assistance with any ongoing issues such as taxation, practical and management.