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Wills, Trusts and Probate

Wills, Trusts and Probate

Wills, Trusts and Probate

A Last Will & Testament is is probably the most important document you are ever likely to sign. It is paramount that the document has been drafted correctly and you receive the appropriate inheritance tax planning advice if you wish to protect your loved ones at the time of your death by benefiting them with your assets, whether those are situated in the UK or abroad.

A correctly drawn Will may save your Executors and Beneficiaries a substantial amount of Inheritance Tax. Whether your needs are simple, such as leaving your entire estate to your spouse or civil partner, or more complex, for example involving trusts for children, we are able to advise you upon a range of options.

We use our specialist legal knowledge to draft a Will that is clear and most importantly, tax efficient. We stress the importance of reviewing your Will on a regular basis to take into account a change in the law, or your financial and family circumstances.

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Guardians

If you have young children you should consider appointing guardians to take care of them if you die while they are still young. The appointment of guardians can be a component part of your Will and we always recommend that it is discussed with the nominated guardian beforehand.

Trusts

There are many reasons that you may wish to set up a Trust for your assets and many important considerations when doing so to ensure how it will be controlled and administered. You might wish to set up a Trust during your lifetime or for one to be established upon your death.

Trusts are governed by complex legal regulations and specific tax regulations. Our team of experienced solicitors can discuss the options available to you and ensure that the correct solution is employed.

Inheritance Tax Planning (IHT)

A complex area of tax law and an intrinsic aspect of Last Wills & Testaments requires an indepth understanding of the various facets of the regulations. The team at AWS can advise you on all aspects of inheritance tax issues arising in connection with Wills, Estate Planning, Trusts and Administering an Estate. This area extends to income tax and capital gains tax considerations and we are able to refer you to appropriate financial specialists in complex or urgent circumstances.

Probate

Where an individual has made a Will, it will usually indicate who will be responsible for administering the Estate: the Executor.  On the other hand, if a person dies without a Will, known as ‘Intestate’, there are special rules as to who has the legal right to administer the Estate and benefit from it.  

We are able to provide you with clear and straightforward advice and we aim to make the whole experience as stress-free as possible. We will assist you so that the Estate is administered efficiently and quickly, with the understanding that no Executor will wish for the administration period to last for any extended period of time.

If a person has died without a Will, we have the relevant experience in handling the complex intestacy provisions that govern the administration of the Estate.

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Legal Updates

The Draft Commonhold and Leasehold Reform Bill

The government announced the introduction of the draft Commonhold and Leasehold Reform Bill in January 2026. This Bill proposes several reforms to the current flat ownership system, including:

· A ban on new flats being sold as leaseholds – they would need to be sold as commonhold properties, which the Government is pushing to become the default form of flat ownership; and

· A cap on ground rents at no more than £250 pa, which will be reduced to a peppercorn after a 40-year transitional period has passed.

The Housing, Communities and Local Government (‘HCLG’) Committee has now launched a short public inquiry into the Government’s draft Commonhold and Leasehold Reform Bill (‘the Bill’), which was published for pre-legislative scrutiny on 27 January 2026.

Japanese Knotweed

The Royal Institution of Chartered Surveyors (RICS) have published updated guidance around Japanese Knotweed which came into effect on 23 March 2022.

Strengthening Leaseholder Protections over Charges and Services – Consultation Summary

The Government has published an open consultation titled “Strengthening Leaseholder Protections over Charges and Services,” which runs until 26 September 2025. This consultation accompanies the implementation of the Leasehold and Freehold Reform Act 2024 and is part of the wider legislative programme designed to rebalance the leasehold system in favour of flat owners and occupiers.

The consultation targets the next phase of reforms: improving transparency around service charges, regulating managing agents, and reforming major works and reserve funds.

While all of these reforms seem to favour leaseholders, ultimately life may become more expensive, and some flats may be more difficult to sell as a result.