Estate Planning Solicitors in Chesterfield and Sheffield
Estate planning is one of the most important steps you can take to protect the people and assets you care about most. Whether you need a Will, a Lasting Power of Attorney, or specialist trust advice, our estate planning solicitors in Chesterfield and Sheffield are here to lead you through every decision, clearly and without technical language.
Our Estate Planning Services
Wills
If you need a Will, you are not alone. Many people put it off, assuming it is something to deal with later. But without a valid Will in place, the law decides what happens to your estate rather than you.
Our Will solicitors work with you to understand your wishes and prepare a legally binding document that reflects them. Whether your estate is simple or complex, we make sure your loved ones stay protected and your assets go to the right people.
A professionally drafted Will also lets you appoint guardians for any children under 18, specify funeral wishes, and reduce the potential for family disputes after you pass.
Half House Trust and Severance of Joint Tenancy
If you own your home with a partner as joint tenants, you might assume it will automatically pass to them when you die. That is not always the best outcome for your estate.
By severing joint tenancy in England and Wales and placing your share of the property into a Half House Trust (also known as a Property Protection Trust), you can protect your share for your chosen beneficiaries, for example, your children from a previous relationship, while still allowing your partner to remain in the home.
This is particularly important for blended families or anyone concerned about care home fees eroding the value of their property.
Discretionary Trusts
A Discretionary Trust gives your trustees the flexibility to decide how, when, and to whom your assets are distributed. Rather than ring-fencing funds for a specific person, the trust allows decisions to be made based on circumstances at the time, which is especially useful if your beneficiaries include children, individuals with disabilities, or those who may not be in a position to manage a lump sum responsibly.
So, how does a Discretionary Trust work in practice? Your chosen trustees hold the assets on behalf of a defined group of potential beneficiaries. They have the discretion to distribute income or capital as they see fit, in line with your wishes as expressed in the trust deed. This structure also yields potential inheritance tax planning benefits.
Our trust deed solicitors will draft your trust deed carefully and explain your options in plain terms.
Family Property Trusts
A Family Property Trust is designed to help you preserve property wealth for future generations. By placing your property into a trust, you may be able to protect it from certain financial risks, including, in some circumstances, care home fee assessments, while still benefiting from the property during your lifetime.
This is a specialist area of estate planning and calls for careful, customised advice. Our solicitors will assess your individual circumstances before recommending whether this option is suitable for you.
Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted people to make decisions on your behalf if you lose the mental or physical capacity to do so yourself.
What is a Lasting Power of Attorney and why is it important?
Without an LPA in place, your family may have to apply to the Court of Protection to manage your affairs, which is a lengthy and expensive process. An LPA gives you control over who steps in and what they are authorised to do, while you still have capacity to make that choice.
What is the difference between a Health and Welfare LPA and a Property and Financial Affairs LPA?
There are two types of LPA available in England and Wales:
- Health and Welfare LPA: Covers decisions about your medical treatment, daily care, and where you live. This type of LPA can only be used when you have lost mental capacity.
- Property and Financial Affairs LPA: Covers decisions about your bank accounts, bills, investments, and property. With your permission, this can be used even while you still have capacity, for example, if you are temporarily incapacitated or simply find managing finances difficult.
When does a Lasting Power of Attorney come into effect?
A Health and Welfare LPA can only be used once you have lost mental capacity. A Property and Financial Affairs LPA can come into effect as soon as it is registered with the Office of the Public Guardian, provided you consent to this.
How many Lasting Powers of Attorney can you have?
You can have both types of LPA at the same time, and many people choose to set up both simultaneously. You can also appoint different attorneys for each type, depending on who you trust to handle different areas of your life.
What Our Clients Say
“From the first phone call with reception to my initial appointment, I had a friendly, professional experience. I had a very experienced solicitor who advised me well. He gave me reassurance and time to talk. My future is now secure knowing my son is secure in his. I now have a trust agreement, an LPA, and a Will.” via ReviewSolicitors.
“We went to see Alex in order to update our Wills. Alex took us through a process, explaining clearly that we were at a stage where it was important not only to refresh our Wills but also to make future arrangements for our estate, with a longer-term view. The advice we received was excellent.” via ReviewSolicitors
“Really useful and clear guidance provided. All the staff were very welcoming. I would highly recommend their services.” via ReviewSolicitors.
Read all 175 reviews on ReviewSolicitors.
Meet Alex Gibbons
Alex Gibbons is an experienced estate planner and Consultant Private Client Lawyer at Buchanan & Co, rated 4.9 out of 5 based on 175 verified client reviews. Alex has extensive experience in Will writing and advising clients on maximising the benefits of their estates.
Clients regularly praise Alex for explaining complicated legal matters in plain, accessible language, for being personable and thorough, and for making what can be a daunting process come across as manageable.
Alex and the wider Buchanan & Co team are accepting new clients at our Chesterfield and Sheffield offices.
Frequently Asked Questions
Do I really need a solicitor to write my Will?
While online Will-writing services exist, they can leave your estate vulnerable to errors or omissions that only become apparent when it is too late to correct them. A specialist Will solicitor ensures your document is legally valid, reflects your exact wishes, and accounts for your individual circumstances, including tax, property ownership, and family relationships.
How long does it take to set up a Lasting Power of Attorney?
Once your LPA has been drafted and signed, it must be registered with the Office of the Public Guardian before it can be used. Registration currently takes several weeks. This is why it is important to put your LPA in place well in advance of needing it, rather than waiting until a health crisis forces the issue.
What happens to my property if I do not sever joint tenancy?
If you own your home as joint tenants and your partner dies, the property automatically passes to you, and vice versa. While this may sound straightforward, it means you have no control over where your share ultimately ends up. Severing joint tenancy and creating a Half House Trust gives you that control.
How much does estate planning cost?
The cost of estate planning varies depending on the complexity of your situation and the services you require. At Buchanan & Co, we are transparent about our fees from the outset. Contact us to discuss your needs and receive a clear, no-obligation quote.
Can I update my Will or LPA after it has been made?
Yes. Your Will can be updated at any time you have mental capacity, either by amending it (a codicil) or by creating a new Will. An LPA, however, cannot be amended once registered. If your circumstances change significantly, a new LPA may need to be created.
Start Planning Today
The right time to plan your estate is before you need to. Whether you are writing your first Will, considering a trust, or looking to put a Lasting Power of Attorney in place, our estate planning solicitors in Chesterfield and Sheffield are ready to help.
