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Estate Planning

A will, a plan, and a tidy estate — in that order.

Most people without a will assume the law will sort things out fairly. It won’t. Intestacy rules are blunt, slow, and almost never produce the outcome a family would have chosen. A clear will, kept current, is the simplest piece of estate planning anyone can put in place.

Will writing is not regulated by the Financial Conduct Authority. Inheritance tax planning that involves regulated products is subject to FCA rules. Tax treatment depends on individual circumstances and may change in future.

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Independent advice from 80+ lenders
FCA Registered No. 927290
Local specialists Derby & Derbyshire
Mortgages arranged since 2009

The conversation most families put off

Estate planning sits in the same category as life insurance: easy to defer, awkward to broach over a Sunday lunch, and rarely the first thing anyone wants to spend a Saturday morning on. The result is that most UK adults don’t have a current will, fewer still have lasting powers of attorney, and a meaningful number have neither — leaving their family to manage the consequences during an already difficult time.

The honest framing: the work itself is straightforward. A well-drafted will for a typical household takes one conversation, one draft, one review, and a signing appointment. Lasting powers of attorney take a few weeks and a modest fee. Trust-based planning for larger or more complex estates takes longer and benefits from joining up with the wider wealth conversation — but for most families, the simple version covers most of what they need.

What we typically arrange

  • Simple wills and mirror wills for individuals and couples, naming executors, beneficiaries, and guardians for any children under 18.
  • Lasting Powers of Attorney for property and financial affairs, and health and welfare. Registered with the Office of the Public Guardian so they’re ready to use when needed.
  • Trust planning where it earns its keep — discretionary trusts for vulnerable beneficiaries, life-interest trusts for blended families, bereaved-minors trusts under section 71A. Trusts add complexity and cost, so we use them where they genuinely help rather than as a default.
  • Inheritance tax planning using the available allowances (nil-rate band, residence nil-rate band, spouse exemption, annual gift exemption, gifts out of normal expenditure, the seven-year rule on lifetime gifts) — and joined up with the wider wealth plan so the tax picture is coherent.

How we work

A first estate-planning conversation usually takes 45 minutes to an hour. We’ll go through your family situation, your assets and how they’re held, any existing wills or powers of attorney, and what you want to happen on first and second death. From there we draft documents for you to review, walk through the wording, and arrange the signing.

For pure will-writing and LPAs, we use a fixed-fee arrangement disclosed up front. For trust-based or larger-estate planning, fees depend on the complexity and are agreed in writing before any work begins. Where IHT planning touches regulated investment or pension products, the wealth-management side of the conversation joins up naturally — handled as one piece of work rather than two.

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FAQ

Frequently asked

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Do I really need a will?

If you own property, have children, are unmarried but in a long-term partnership, have step-children, run a business, or simply care who inherits what, yes — and the cost of getting one in place is small compared with the mess intestacy creates. Without a will, the intestacy rules apply: they don’t recognise unmarried partners, they distribute estates in fixed proportions that may not match your wishes, and they create long delays for surviving family.

What’s a mirror will?

Two near-identical wills made by a couple, leaving everything to each other on first death and then to the chosen beneficiaries on second death. The simplest form of joint planning and what most couples need. Mirror wills are not legally binding on the survivor (a survivor can change their will), so for blended families or specific protection needs we’d usually look at mutual wills or a trust-based structure instead.

What is a Lasting Power of Attorney?

A document that lets you appoint someone to make decisions on your behalf if you lose mental capacity. There are two types: Property and Financial Affairs (managing money, paying bills, selling assets) and Health and Welfare (medical decisions, care arrangements). Setting them up while you’re healthy takes a few weeks and a modest fee; setting up a deputyship after capacity is lost takes months and meaningful cost.

How does inheritance tax work?

Each individual has a nil-rate band — currently £325,000 — plus a residence nil-rate band of up to £175,000 where a main home passes to direct descendants. Married couples can combine allowances. Above the combined threshold, inheritance tax is generally 40% on the excess. Sensible planning uses the available allowances, the spouse exemption, the seven-year rule on lifetime gifts, gifts out of normal expenditure, and — for larger estates — trust-based planning. We coordinate the planning with the wider wealth picture rather than treating IHT in isolation.

Should I put my house in trust to avoid care fees?

Almost never. Schemes that promise to ‘shelter’ the family home from care-fee assessment by transferring it into trust are usually treated by local authorities as deliberate deprivation of assets, with the value still counted toward the assessment. Genuine, legitimate planning is more nuanced and depends on individual circumstances; we’ll be honest about what works and what doesn’t.

How is this regulated?

[TO BE CONFIRMED.] Will writing is not regulated by the Financial Conduct Authority. Estate planning that involves regulated investment or pension products is subject to FCA rules. The exact regulatory permissions for this work at Mortgage Broker Derby will be confirmed under the new principal firm before this service is publicly launched.

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