Wills, Probate & Trusts

At Cowling Swift & Kitchin we pride ourselves on our long history of providing high quality private client work including:

  • Probate and Estate Administration
  • Powers of Attorney including registration with the Office of the Public Guardian
  • Estate Tax Planning
  • Trusts
  • Wills

We offer a home visit service for those clients who may have difficulty with transportation or attending the office.

Whatever you may need advice and assistance with, you can be sure that Cowling Swift & Kitchin will be with you every step of the way.

Please contact us for more information

Probate and Estate Administration

We offer a sensitive and comprehensive service which will resolve the legal and financial consequences that are inevitable when someone dies. We can help if there isn’t a legally valid Will in place. We will advise you of what steps to take and the processes which have to be followed.

Our service includes:

  • Advising on family provision
  • Collecting in any assets of the estate
  • Completing the Inland Revenue returns
  • Distributing the estate to the beneficiaries
  • Obtaining a grant of probate or letters of administration
  • Preparing administration accounts
  • Settling any tax liabilities
  • Settling any debts and funeral expenses

Powers of Attorney

There are many reasons why a person may become unable to manage their affairs and make difficult personal or financial decisions. It could be the result of an accident, physical ill health or the onset of a mental illness. Getting older can also have an impact on the ability to manage everyday routines, such as paying bills and managing a budget. It is worthwhile taking the time to plan for any eventuality that may occur. If there is no provision in place then it can make it difficult if not impossible for your family or friends to make decisions for you. It will also mean that the Court of Protection will appoint someone to manage your affairs and you will not have any control over who they appoint.

The answer is to appoint someone, whilst you still have the mental capacity to do so, by way of a Lasting Power of Attorney (LPA). This person or persons (your attorney/s) will look after your affairs and taking into account your wishes, will make decisions on your behalf if necessary.

Since 1 October 2007, there are two types of LPA:

  • Property & Affairs LPA – this allows your attorney to deal with your property and finances
  • Personal Welfare LPA – this allows your attorney to make health and welfare decisions. This could also include giving or refusing consent to the continuation of life sustaining.

If you made an Enduring Power of Attorney (EPA) before 1 October 2007, this is still valid in relation to decisions regarding your property and finances. However, if you would like to give authority over your health and welfare then you can still make a Personal Welfare LPA.

Please contact us for more information

Tax Planning

We are all subject to Tax in one form or another and it covers a broad spectrum of issues. The advice you receive and the decisions you make can have a huge impact on your liability. We will be happy to advise you on Estate Tax planning.

Please contact us for more information

Trusts

A Trust is used to manage assets for people. There are a number of different types of trust with differing objectives.

These are some of the things a Trust can be used for:

  • Controlling and protecting family assets
  • To look after the affairs of someone who lacks mental capacity or is too young to manage themselves
  • Passing assets to another during your lifetime
  • Passing on assets after your death

Please contact us for more information

Wills

If you die without making a Will, your estate may not go to those you wish to provide for. Your estate is made up of your assets which includes your home and its contents, your savings and investments, your car and any insurance policies. Planning ahead will allow you to clearly indicate who should get what from your estate.

Some of the things you may wish to consider are:

  • Making a provision for your children, especially if you are divorced or separated
  • Making a provision for your spouse, partner or friend
  • Making a gift to a charity

Please contact us for more information