For many people, writing a Will has always been at the back of their minds, but for some, the pandemic has brought home the importance of finally getting it done. We are here for you and will do our upmost to make the process as easy as we can, offering guidance and support if you need it.
Over the last 12 months we have adapted our service and can now offer the initial appointment over the telephone or video call from the comfort of your home. We can then either offer you a few different ways to sign and witness your Will. You can come to the office for a covid secure appointment in Chesterfield or Mansfield, we can witnesss you signing the Will over video, or we can come to your house for a contact free signing appointment. We are committed to ensuring that you have a valid Will that meets your circumstances, so we will discuss with you the best way to achieve this in the current circumstances.
What to do next
Call us on 0344 659 9046 to book an appointment
Or if you prefer email us
An appointment will be arranged to speak to our experienced legal team.
Additional useful information
- Download your Will questionnaire before the appointment. This is not compulsory as we will go through this with you at your appointment, however sometimes it can help to be prepared ahead of time.
- Email us your completed form ahead of your telephone appointment.
- At the end of your telephone appointment we will have all the information we need to write up a draft Will, which we will send to you for checking. Once you are happy, we complete the final version and arrange with you how we will go about signing and witnessing your Will.
- The process should take no longer than 10 working days.
For your safety we need to know that you are calling under your own free will and are under no duress or pressure from a third party to write the Will. Please do not be offended if during the call we ask a series of questions to confirm this.
Can the actions of a Trustee be challenged?
If it can be shown that a trustee has breached their duty (either their legal duty or a duty pursuant to the terms of the trust) then the actions of a trustee may be subject to legal challenge. In some circumstances trustees may be removed from office by an order of the court.
Do all Trust disputes result in court proceedings?
No. Wherever possible we will seek to resolve the dispute informally by negotiation and alternative dispute resolution. The majority of trust disputes reach settlement without the need for court proceedings to be commenced. Should this approach not prove successful however, we have experience and expertise in trust litigation and court proceedings can be commenced.
How much does a trust dispute cost?
It is difficult to accurately predict the total cost of any dispute as no two disputes are the same and the costs are largely dictated by the amount of work required to bring the dispute to a final resolution. We appreciate that clients do not like uncertainty in relation to legal costs and depending on the circumstances of the case, we are able to offer a number of funding options to clients in order to suit their needs.
What are duties and powers of a Trustee?
A trustee has the legal responsibility for assets held in a trust and is required to manage the trust in accordance with the specified terms and the settlor’s wishes. Trustees are subject to various duties and as part of their function, including a requirement to: -
- Act with responsibility and care;
- Administer/manage the trust in accordance with the trust deed;
- Act fairly and impartially to all beneficiaries;
- Keep detailed records to demonstrate the trust has been managed properly;
- Not to personally benefit from the trust.
What options are available where an Executor/Administrator is not carrying out their role properly?
There are a number of possible outcomes such as the Executor/Administrator agreeing to stand down or be replaced, the Executor/Administrator undertaking to carry out their function going forward and even the removal or replacement of the Executor/Administrator. No two situations are the same and therefore consideration must always be given to the most favorable outcome given the specific facts of the matter.