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PERSONAL LEGAL SERVICES

Wills & Estate Planning

Nobody likes to think about their death, and many people believe that wills are unnecessary or irrelevant. However, without a will, your estate may not be distributed as you wish, causing distress for loved ones. Our compassionate team at Frodsham’s Solicitors truly understands the process. We guide you with sensitivity and respect. Whether you need a simple will for a modest estate or have more complex needs, we provide personalised advice to ensure your assets are passed on exactly as you wish, helping to alleviate the burden.

Wills and Estate Planning Guide

Simply click on a heading below to find out more.

WILLS & ESTATE PLANNING GUIDE

What is a Will?

A Will is a legal document that allows you to set out your wishes for what happens to your money, property, and possessions after you die. It can also include your preferences for funeral arrangements and appoint guardians for children under 18.

Making a valid Will ensures your estate is passed on according to your wishes and helps avoid uncertainty or disputes.

WILLS & ESTATE PLANNING GUIDE

Who Can Make a Will?

Anyone aged 18 or over can make a Will, provided they have the mental capacity to understand:

What a Will is
What they own
Who they want to benefit from their estate

Making a Will is not just for older people or those with significant wealth. It’s the only way to make sure your wishes are followed after your death.

At Frodshams, we help people at all stages of life make sure their wishes are properly recorded.

WILLS & ESTATE PLANNING GUIDE

Why Should I Make a Will?

Making a Will gives you control over what happens to your estate after your death. Without a Will, the Intestacy Rules decide who inherits your assets, which might not reflect your personal wishes or family circumstances.

By making a Will, you can:

Decide who should benefit from your estate
Appoint guardians for children under 18
Plan for inheritance tax
Include gifts or charitable donations

It can also give peace of mind, knowing your affairs are in order and your wishes are clear.

WILLS & ESTATE PLANNING GUIDE

Considerations When Making a Will

A Will should reflect your personal wishes and family circumstances.

Key things to consider include:

Who you want to benefit from your estate
Who you trust to act as executors
Guardianship for children under 18
Providing for vulnerable or disabled beneficiaries
Blended families, including second marriages, step-children, or children from previous relationships
Marriage, divorce, or remarriage, and the effect these can have on existing Wills
Disinheriting someone and the potential for disputes or claims
Gifts already made during your lifetime
Inheritance tax planning and future financial changes, such as expected windfalls or care needs
Family disagreements, and how a clear Will can help reduce the risk of conflict

It’s important to review your Will if your circumstances change to make sure it still reflects your wishes.

At Frodshams, we provide expert advice to help you prepare a Will that meets your personal and legal needs.

WILLS & ESTATE PLANNING GUIDE

Basic Wills

A Basic Will is suitable for people with straightforward wishes and simpler family or financial arrangements.

It usually covers:

Who should inherit your estate
Who you want to act as your executors
Guardianship arrangements for children under 18
Any specific gifts or donations

While basic Wills are suitable for many people, they may not be enough if you have more complex family circumstances, tax planning needs, or beneficiaries who require long-term support.

At Frodshams, we can help you decide whether a basic Will is right for you or whether a more detailed approach is needed.

WILLS & ESTATE PLANNING GUIDE

Wills and Care Home Issues

Planning your Will alongside future care considerations can help protect the value of your estate. While it is not possible to use a Will alone to avoid care fees, careful estate planning can:

Help protect certain assets, such as property
Ensure your Will reflects your current family and financial circumstances
Provide for those you wish to benefit while considering potential care costs

It’s important to take advice before making decisions that could affect how your estate is assessed for care fees.

At Frodshams, we help clients understand the relationship between Wills, estate planning, and long-term care issues to ensure their plans are legally sound.

WILLS & ESTATE PLANNING GUIDE

Wills That Provide for the Vulnerable or Disabled

If someone you wish to benefit from your estate is disabled or unable to manage money themselves, leaving assets to them directly may not always be in their best interests.

A specialist Will can include the use of a trust to:

Protect access to means-tested benefits
Ensure funds are managed appropriately
Provide long-term financial security without affecting care arrangements

This helps ensure that the person receives proper support, while also protecting their financial position for the future.

At Frodshams, we provide advice on how to structure your Will to meet the specific needs of vulnerable or disabled beneficiaries.

WILLS & ESTATE PLANNING GUIDE

Advance Decisions or Living Wills

An Advance Decision, sometimes called a Living Will, allows you to state your wishes about medical treatment in case you lose the ability to communicate or make decisions in the future.

You can use an Advance Decision to:

Refuse specific medical treatments, including life-sustaining treatment
Make sure your healthcare choices are respected

It is legally binding if it meets the legal requirements and applies to the situation that arises.

An Advance Decision is not the same as a Will for your estate. It relates to medical care only.

At Frodshams, we can help you make sure your Advance Decision is clear, valid, and reflects your wishes.

WILLS & ESTATE PLANNING GUIDE

Statutory Wills

A Statutory Will is a Will made on behalf of someone who lacks mental capacity and cannot make one themselves. It must be approved by the Court of Protection.

This type of Will may be needed if:

The person has never made a Will before, or
Their existing Will no longer meets their needs

Applications to the Court must explain why the Will is in the person’s best interests. This process ensures that vulnerable individuals are legally protected, even when they cannot make decisions for themselves.

At Frodshams, we advise on when and how to apply for a Statutory Will and support families through the Court process.

WILLS & ESTATE PLANNING GUIDE

Inheritance Tax and Estate Planning

Inheritance tax (IHT) applies to certain estates when someone dies. Whether tax is due depends on the value of the estate, who benefits, and any tax reliefs or exemptions that apply.

You can plan ahead to help reduce or manage inheritance tax by:

Making lifetime gifts, though some gifts may still be taxed if you pass away within seven years of making them.
Leaving gifts to charity, which can reduce the overall tax rate on your estate.
Using tax allowances and exemptions, such as the nil-rate band and residence nil-rate band.
Structuring your Will carefully, to make sure your estate benefits from available reliefs.

Effective estate planning can make a significant difference to the amount of tax paid and help protect the value of your estate for future generations.

At Frodshams, we offer advice on inheritance tax planning and work with you to explore the options that best suit your circumstances.

WILLS & ESTATE PLANNING GUIDE

Varying a Will and Redirecting Your Inheritance

If you have inherited from someone’s estate, you may be able to redirect your share by making a Deed of Variation.

This applies whether:

The deceased left a valid Will, or
The deceased died without a Will (intestacy), allowing you to create a notional or posthumous Will to vary the outcome.

A Deed of Variation can be used to:

Provide for someone else
Adjust inheritance tax liabilities
Reflect changed family circumstances

All affected beneficiaries must agree, and the variation must be completed within two years of death.

At Frodshams, we help beneficiaries understand their options and complete Deeds of Variation where appropriate.

KIRSTY STRONG

HEAD OF PRIVATE CLIENT

TO CONTACT KIRSTY PLEASE
CALL01744 626 600
EMAILinfo@frodshams.co.uk

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“Preparing for the future is one of the most important and personal steps you can take. Our role is to guide you with clarity, sensitivity, and expertise. We’re here to ensure your wishes are respected, your loved ones are protected, and your legacy is secure. Your peace of mind is our priority.”

Our dedicated team brings extensive experience in supporting clients and their families through the legal process during some of life’s most trying moments. Led by our Private Client Partner, Kirsty Strong, who has been specialising in this field since 2009, our team handles even the most challenging and intricate cases with professionalism and care. We are here to provide guidance and expertise every step of the way.

TO CONTACT KIRSTY PLEASE CALL01744 626 600
EMAILinfo@frodshams.co.uk

To find out more, speak to us on
01744 626 600 or email

“I found Kirsty to be very informative, and at the same time empathetic to the situation. I wouldn’t hesitate to recommend Kirsty and her team at Frodshams for advice on estate planning.” – MsDavies (KS)

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