A Will is a legal document that allows an individual to put in writing how they wish to distribute their assets when they pass away.
The legal position on the distribution of assets in the absence of a Will is very specific and this may not necessarily be in line with your wishes. It is important that a Will is therefore in place to clearly set out the intentions of the individual with regard to the distribution of their assets. This ensures that potential future disputes are avoided, which could be unnecessarily costly, burdensome and distasteful for family members.
Wills are not a “one size fits all” and specific advice is usually required to cater for different circumstances. We are therefore confident that the case-by-case approach and tailor-made Wills we offer our clients is the best manner in which to safeguard their wishes in the future.
Please note that we provide a free initial consultation to discuss your wishes and we are also happy to answer any initial questions that you may have over the phone.
Probate/Administration of Estates
When a loved family member passes away it can be a very daunting time for those close to them. We provide support and guidance through the legal and administrative process required to be undertaken.
If an individual passes away with a valid Will in place, we can advise the chosen executors on the requirements to probate the Will and ensure that the wishes of the deceased individual are respected. This process often highlights the importance of having a properly drafted Will in place.
If a person passes away intestate (without a valid Will in place) we can advise individuals as to who is beneficially entitled to inherit, who can apply to become the administrator of the estate and how to distribute the relevant assets.
Cross-border estates are those where deceased individuals held assets in more than one jurisdiction or had Wills in place in more than one jurisdiction. In today’s globalised world it is increasingly rare for individuals to have assets in just one jurisdiction.
We have extensive experience in dealing with cross border estates, particularly where the deceased individual had assets in Gibraltar and passed away domiciled in another jurisdiction. We also regularly advise clients where an individual has passed away in Gibraltar with assets abroad.
We have excellent relationships with law offices across numerous countries who we work with closely and trust, in order to provide our clients with a more cost-effective and personalised experience.
Re-sealing of UK Grants of Probate
If a Grant of Probate or a Grant of Letters of Administration has already been obtained in the United Kingdom, this can be re-sealed in Gibraltar to avoid having to apply for a new Grant in Gibraltar, which can be costly and burdensome.
We can advise you on the process and assist with the collection of any Gibraltar assets.
Lasting Powers of Attorney
A Lasting Power of Attorney is a legally binding document that allows an individual to choose a person or people that they trust to make decisions on their behalf (called the attorney) if or when a person no longer has capacity to make decisions for themselves.
There are two types of Lasting Powers of Attorney, one to deal with the individual’s property and financial affairs and another to deal with the individual’s health and welfare.
A Lasting Power of Attorney in respect of property and financial affairs gives the attorney the power to make decisions that may include withdrawing money from a bank account, dealing with property or re-investing assets. An individual can choose whether the Lasting Power of Attorney is valid from the moment it is entered into or only when the individual has lost mental capacity as prescribed by a medical practitioner.
A Lasting Power of Attorney in respect of health and welfare gives the attorney the power to make decisions that may include whether to keep the individual on life-sustaining treatment or whether the individual should live in care. The attorney’s authority under this document is only valid when an individual has lost their mental capacity. as prescribed by a medical practitioner.
We are specialists in Wills and Estate Planning and are happy to advise you on any of the following matters;
- Will drafting and amendments;
- Execution of Wills;
- Obtaining Grants of Probate and Letters of Administration;
- Administration of Estates;
- Re-sealing of Grants from the United Kingdom in Gibraltar
- Cross-border estates
- Lasting Powers of Attorney
- Court of Protection
Delighted to have contributed to the ninth edition of The Private Wealth and Private Client Review together with Peter Montegriffo QC.Our article covers areas which are helpful to individuals planning […]
There has been talk in the press in recent weeks about the potential introduction of a wealth tax to help cover the cost of the crisis. Although politicians have thus […]
Although an individual has testamentary freedom, it is important that their mental capacity is correctly assessed when they are choosing to disinherit an individual who could make a claim under […]
The STEP (The Society of Trust and Estate Practitioners) Discussion Forum has been examining the issues facing practitioners in the preparation of wills during the coronavirus epidemic.You can also read […]
As outlined in this STEP article although an individual has testamentary freedom, it is important that their mental capacity is correctly assessed when they are choosing to disinherit an individual […]
The Legal 500 wheels keep turning despite lockdown; Hassans ranked top in all categories of Legal 500 2020
Whilst not much is guaranteed during this strange time, the people behind ranking law firms in the legal directories can, in an oddly reassuring way, always be relied on to […]
Covid-19 is changing our usual business practices. As people are being forced to work from home, one concern being raised is whether the use of electronic signatures is valid under […]