Wills & Probate

We offer a full range of Wills and Probate services and our department is based on the ground floor of our offices in Stoke Road, Gosport.

Our Private Client Solicitors Ben Holden and Emma Shepherd can assist you with:

–    Making a Will – Simple Single Wills or Wills for Couples

A Will is the only legal document by which you can leave all property in your own name (“your estate”) to those you wish to benefit after your death.  If you wish to make a Will we can help you make a simple Will or a more complex Will depending on your needs.

Once you have made your Will you will want to know that:

1. It is kept safely.

Donnelly & Elliott have a fire-proof strong room and keep electronic copies which are backed up daily and instantly accessible by us.

2. That your assets will go to the people named in your Will.

Wills are often challenged. We use both electronic and paper record keeping to document your instructions and the circumstances in which a Will was made including evidencing our assessment of the soundness of mind of the person giving it. The key thing is that these records are available for inspection when you die and that the company that prepared it for you can be relied upon to assist. If necessary, you can appoint this firm as Executors to ensure that your wishes are followed, your estate distributed and tax paid to a professional standard avoiding stress for relatives or bypassing complicated family relationships.

We have been successfully protecting client’s wishes as to how their assets should be distributed in the event of their death from our office in Gosport for over 70 years. Solicitors are also regulated by the SRA which protects client’s assets in the event of the winding up of the company. You may not need to know this until it is too late!

Many cheaper unregulated providers come and go in the market. Our rates are competitive, our advice straightforward and in your language. Our track record is proven and clients and their families continue to rely on us through the generations because we take the time to understand their needs and provide simple solutions to complex matters.

–    Complex Wills

If your needs are more complex, for example you are in a second relationship and have children from a previous relationship, do not have children or have unusual assets, we can make a Will which is suited to your situation and wishes.

–    Business Owners

We can provide practical advice on how to protect your business the event of your death including business LPAs, leaving your business in your will and business property relief. We can also refer you to a financial advisor for Key man insurance.

–    Making a Codicil

If you already have a Will and just wish to make a simple alteration, we can draw up a Codicil to attach to your Will to facilitate the change you wish to make.

–    Making a Living Will

Making a Living Will is also known as making an ‘advanced decision’.  Usually you are able to discuss medical options with your doctor and agree a course of treatment.  You can refuse treatment even if not having the treatment will lead to your death.  Medical personnel and other people dealing with a person who has made an ‘advanced decision’ should have regard to the Code of Practice to the Mental Capacity Act.  We can assist you if you wish to make a Living Will.

–    Probate

If you have been appointed as an executor in a Will by a family member or friend, administering their estate after they passed away can be a complex matter.  Administering an estate is commonly referred to as ‘Probate’ and we are able to offer a full estate administration / probate service.

–    Deeds of Variation

If you wish to adjust the distribution of an estate, we can assist in the drawing up of a Deed which addresses inheritance tax issues.

We offer a full range of Elderly Client Care services and our department is based on the ground floor of our offices in Stoke Road, Gosport.

Our Private Client Solicitors can assist you with:

–    Lasting Power of Attorney

A Lasting Power of Attorney allows you to appoint someone to act on you behalf (an Attorney) if you lose the mental capacity to make decisions for yourself.  There are two types of Lasting Power of Attorney you can make, one for your property and financial affairs and one for your health and welfare.  We offer full advice on how to make and what can be achieved with a Lasting Power of Attorney.

–    Registering Enduring Power of Attorney

The old style Enduring Power of Attorney has to be registered with the Office of the Public Guardian if the person who made it (the Donor) loses mental capacity to make decisions for themselves.  We can assist in advising when an Enduring Power of Attorney needs to be registered and how to register it.

–    General Power of Attorney

If you are going to be unable to manage your affairs on a relatively short-term basis because you are going to be out of the country or in hospital, a general Power of Attorney allows you to appoint a person to act on your behalf in your absence.  We can assist you with the making of this document and can tailor the Power of Attorney for a specific transaction, for example selling your property, or make it general for your wider needs.

–    Court of Protection Deputyship

If a member of your family or close friend has lost the mental capacity to manage their own affairs and they do not have a Lasting Power of Attorney or Enduring Power of Attorney in place, you can apply to the Court of Protection to be appointed as their Deputy.  As a Deputy you will be able to manage their affairs on their behalf.  We offer a full service in making an application to the Court of Protection to be appointed as a Deputy.

–    Care Home Issues

If a member of your family or close friend needs to go into full-time residential or nursing care or is already in full-time residential or nursing care, we can offer advice relating to the financial issues that surround this problematic area.

–    Home Visits

If you are unable to attend our offices in Stoke Road, Gosport, we are able to come out and visit you whether at home, in a residential/nursing home or in hospital.

 

Our Private Client Team

Emma Shepherd

Chartered Legal Executive

Trusts, Wills and probate and elderly client care

Read More

Ben Holden

Director/Solicitor

Trusts, Wills and probate and elderly client care

Read More
Donnelly & Elliott Limited is a law firm authorised and regulated by the Solicitors Regulation Authority. © Donnelly & Elliott - All rights reserved.