Will Writing Service


Estate Planning


 Powers of Attorney 


                             Probate Services                          

       

Elsby Wills UK provides Will Writing, Powers of Attorney and Estate Planning for clients in England & Wales only, due to different laws in Scotland.

We are based in Stoke-on-Trent, Staffordshire, but can provide a remote service for clients across England and Wales.

Making a Will is the only way to ensure that your wishes are carried out after your death. If you have not made a valid Will, your property will pass according to the Law of Intestacy. This may not be what you would have wished. In any event, it is likely to take longer to finalise than if you had made a Will. During this time, your beneficiaries may not be able to draw any money from your estate. This can mean arguments and distress for relatives. 

Food for thought

If you are single

You will want your estate divided amongst friends, relatives and charities of your choosing and in the proportions you want.

If you are married

Don't assume "my other half will get everything". Brothers and sisters or parents may have a claim. Often your children have a right to part of your estate. If you are living as a couple but not officially married, you may be treated as a single person, and a surviving partner may get nothing at all. One thing you can be certain of - there will be argument and dispute at a time when the family should be coping with the loss of a loved one.

If you are a parent

You should consider who would look after your children in the event of your death. This is particularly important in the case of one parent families or unmarried parents living together. Valid Wills nominating guardians are invaluable in such cases. If no one knows what you would have wanted, the Court will decide on the future of your children, and it may not be what you or your children would have wished.

If you are retired

Maybe you made a Will a long time ago. It probably needs updating to include additional grandchildren or deletion of persons you no longer feel you wish to leave anything to.

Why use Elsby Wills?

Our aim is to build relationships with our clients rather than simply conduct one-off transactions and to be referred to family and friends.

Our Will Writing, Lasting Powers of Attorney and associated services are more convenient and efficient than many other providers and often at a much lower cost.

At Elsby Wills, we offer appointments at our office and also local home appointments where an extra charge would be made.

We also can offer an Online Service  by Zoom or Teams meeting.

Elsby Wills also can offer Estate Planning Services  for Trusts, Inheritance Tax and Long-Term Care advice & Probate Services.

Inheritance Tax can affect many more of us today than ever before; simply by writing a Will properly, you can reduce the tax you pay.

We are members of The Society of Will Writers. (SWW)

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Our Services


We offer appointments at our office your home or if you prefer via Zoom / Teams or Telephone.

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Estate planning

Professional Estate Planning will protect your assets from…

  • Remarriage

    After your death, if your surviving partner remarries, how can you ensure that your children receive what you intended?

  • Divorce

    If your children are involved in a divorce or separation, your existing planning may not be able to protect the inheritance they received.

  • Creditors

    If your partner or children are in debt or face bankruptcy, the inheritance you left them may vanish.

  • Inheritance Tax

    In the current tax year, 2021/22, no inheritance tax is due on the first £325,000 of an estate, with 40% normally being charged on any amount above that. However, what is charged will be less if you leave behind your home to your direct descendants, such as children or grandchildren.

We are members of The Society of Will Writers

Disclaimer

Elsby Wills UK provides legal documents and legal information for Wills, Lasting Powers of Attorney and Estate Planning only.

We only provide our service  for England & Wales due to different laws in Scotland.

Use of this website is subject to our Terms of Service and Privacy Policy.​ 

Frequently Asked Questions about Wills

  • What is Probate?

    Probate is the process of dealing with a deceased person’s estate, including their finances and assets, and then distributing the estate among beneficiaries.

    With a legal and up-to-date Will in place, the executors named in the will have responsibility for probate, so it is important to inform your chosen executors. Our will writing service allows you to name a reserve executor(s) in case your first choices are unwilling or unable to perform the duty.

    Executors will be issued with a “grant of administration” which allows them access to the deceased’s assets, in order to distribute them once any inheritance tax has been paid.

    If you die without a will, a close relative can apply to the Probate Registry to be officially recognised as responsible for your estate. This process is not always a smooth one and a “grant of letters of administration” is not always issued. 

    Find out more about applying for probate on gov.uk.


  • What to do in case of separation from a partner

    Unless you want your estate to pass to the person from whom you are separated, a new will is the only way to ensure your wishes are fulfilled. Here is an example:


    Without a will:

    Toby and Amelia have been married for ten years and have two children. Amelia leaves Toby and the children and moves in with Tom. Toby has not yet started divorce proceedings when he dies without a legally valid last will and testament.

    Amelia would still be first in line to inherit Toby’s money and property according to Intestacy Law, Toby could have prevented this by writing and executing a new Will.


    Divorce or dissolution of a civil partnership

    Divorce or dissolution of civil partnership does not automatically revoke your will like getting married does. If you divorce or dissolve your civil partnership after your will is made, any reference to your former spouse or civil partner will be treated as if he or she had died on the day that the decree absolute or final dissolution order was made. You should seek legal advice in those circumstances.

    It is important to update your will or create a new will whenever your circumstances chance, for example getting married or entering a civil partnership, getting divorced or dissolving a civil partnership, or when you have children.


  • What is a Lasting Power of Attorney? And what do they do?

    A Property and Financial LPA covers things such as those listed below. It can only be used at your direction, for example if you are out of the country or physically incapacitated, or if you are deemed to lack sufficient mental capacity to continue managing your own affairs.


    • Buying, selling and renting your property

    • Renovating or repairing your property, if required

    • Managing your bank accounts

    • Managing your investments

    • Paying your household bills

    • Paying your nursing or residential care home fees

    • Collecting your income (including pensions, state benefits and employment income)


    A Property and Financial Lasting Power of Attorney (LPA) is one of two types of LPA that exist, the other being a Health and Welfare LPA. It is a legal document that enables you to give to a person or persons you trust the authority to make decisions on your behalf. You must be over the age of 18 and have sufficient mental capacity to make the document. Remember it is not possible to make a Lasting Power of Attorney on another person's behalf.



You can make an appointment to see us at the office, your home or video call by completing our form, and we will contact you, our number is 

01782 405313 or click on the Book a meeting with us.

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