Wills, Powers of Attorney & Estates

Do the people you care about know what you want?

Plan ahead

Good estate planning is about more than preparing a will. It is about making clear decisions about what should happen to your affairs during your lifetime and after your death, and putting the right legal documents in place to give effect to those decisions.

At SD&S Legal Group, we help clients prepare and review wills and enduring powers of attorney, consider their wider estate and succession arrangements, and make sure those documents reflect their current circumstances and wishes.

Dealing with the estate of someone who died

We assist executors and families after someone has died. This can include applications for probate or letters of administration, dealing with estate assets and liabilities, working through the administration of the estate and ultimately distributing the estate in accordance with the will or the applicable legal requirements.

Planning ahead or settling an estate

You might be putting your affairs in order for the first time, updating arrangements after a change in your life, or dealing with the estate of someone who has died. Wherever you are, we provide clear, practical guidance through each step.

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What happens if you can no longer make decisions for yourself?

A will deals with what happens after you die. Enduring powers of attorney help you plan for what happens during your lifetime if you are no longer able to manage your own affairs.

Putting enduring powers of attorney in place allows you to choose, in advance, the people you trust to make decisions for you. This can include decisions about your property and finances, as well as your personal care and welfare.

We help you understand the different roles, choose appropriate attorneys and put arrangements in place that reflect your circumstances and wishes.

Planning ahead can make an enormous difference if illness, injury or loss of capacity occurs later. It means the people around you have clear legal authority to act, rather than having to work out what to do at an already difficult time.

How our wills and estates team can assist

Practical advice for planning ahead, keeping your arrangements up to date, and looking after a loved one's estate.

WillsWe prepare new wills and review existing wills to make sure they reflect your current circumstances and wishes. We can also advise on executors, guardians, specific gifts, family arrangements and how your estate should ultimately be distributed.

Enduring Powers of AttorneyWe prepare enduring powers of attorney for property and for personal care and welfare, and explain the roles and responsibilities involved so you can make informed decisions about who should act for you.

Estate and Succession PlanningWe help you consider how your will, personally owned assets, trusts, property ownership and wider family arrangements fit together as part of your overall succession planning.

Probate and Letters of AdministrationWhen someone dies, we can assist executors and families with obtaining the appropriate authority to administer the estate, including applications for probate or letters of administration.

Estate AdministrationWe guide executors through the administration of an estate, including identifying and dealing with estate assets and liabilities, liaising with relevant institutions and beneficiaries, and attending to distributions once the estate is ready to be finalised.

Updating Your ArrangementsLife changes. Marriage, separation, children, property purchases, changes in family relationships and changes to your assets can all be reasons to review your will and enduring powers of attorney.

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Need a Will, Enduring Powers of Attorney, or help with estate planning or administration?

We’ll help you understand what needs to happen next. Get in touch with our team.

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What happens if someone dies without a will?

If someone dies without a valid will, they are said to have died intestate. The estate is then administered and distributed under the rules set by law rather than according to the person’s own instructions. Depending on the estate, someone may need to apply to the High Court for letters of administration before they can deal with the assets.

What is the difference between probate and letters of administration?

Both are High Court grants giving someone authority to administer an estate. Probate is generally granted to the executor named in a valid will. Letters of administration are commonly required where there is no will, or where an executor is unable to act.

Do you always need probate when someone dies?

No. Whether probate is required depends on the assets in the estate, their value and the requirements of the organisations holding them. Some smaller estates can be dealt with without a formal High Court grant.

What happens if I lose capacity and do not have enduring powers of attorney?

If you can no longer make decisions and there is no effective EPA in place, it may be necessary for someone to apply to the Family Court for orders dealing with your personal care or property, such as the appointment of a welfare guardian or property manager. Having EPAs in place beforehand can avoid the need for that process in many circumstances.

Who should I choose as my executor and attorneys?

These are important appointments and they do not necessarily need to be the same people. Your executor deals with your estate after your death, while an attorney under an EPA may make decisions for you during your lifetime. The appropriate people will depend on who you trust, the responsibilities involved and your family and financial circumstances.