Life and Death Planning

Wills, Probate & Trusts

E. Rex Makin & Co helps to protect your assets and ensure they are dealt with in a tax efficient way and in accordance with your wishes. We prepare lasting powers of attorney and trusts to deal with assets whilst you are alive and wills to deal with your property on death.

We deal with the following:

Making a Will

Just one third of over 50’s have made a Will to ensure their family, loved-ones and assets are protected when they die. Do you fall into the majority of those that haven’t made decisions about your estate and who it should go to?

Perhaps you think you can write your own? For a fixed fee, our expert team can help to prevent mistakes, the long-drawn out probate process and prevent complication for your loved ones by creating a legally binding Will.

We have decades of experience in guiding our clients through the process enabling you to plan in advance for your life and your death.

If you would like to discuss making a Will please call 0151 709 4491 or click here to contact one of our experienced solicitors.

Alteration of Wills after death

If you need to alter a Will after a death, we can help.

All those who are due to inherit under a Will must agree to amend the Will under a Deed of

Variation which enables the beneficiaries of a deceased’s estate to alter the distribution of that estate, or relinquish a bequest from an estate, by changing the deceased’s Will.

Family members often agree to a Deed of Variation for a number of reasons including:

– Inheritance tax planning

– Impending divorce of a beneficiary

– Impending bankruptcy

– Inheritance by a disabled beneficiary whose share in the Estate would adversely affect their own long term financial arrangements.

If you find that one of the beneficiaries will not agree to a Deed of Variation, we can work with all of the beneficiaries separately to agree a satisfactory solution for all.

To speak to one of our expert solicitors about altering a Will after death, please call 0151 709 4491 or click here to contact one of our experienced solicitors.

Administration of Estates

Rex Makin & Co is there to deal with the administration of estates on your behalf quickly and efficiently.

Our team can assist with:

  • Funeral arrangements
  • Obtaining the Grant of Representation
  • Dealing with Inheritance and Income Tax issues
  • Collection of assets and payment of liabilities
  • Preparation of accounts and distribution to beneficiaries

If you would like to discuss the administration of an estate please telephone 0151 709 4491 or click here to contact one of our experienced solicitors.

Contesting a Will

After the death of a loved one, no one wants to be faced with the prospect of contesting a Will on top of everything else you have to deal with.

If you have a case to do so, it is vital that you act as quickly as possible. Failure to do so could lower your chances of success due to the strict time limits in relation to inheritance claims.

Grounds to contest a Will include:

  • The Will is in invalid
  • The person was not of sound mind when it was made
  • You believe that person was forced into making the Will
  • You were financially dependent on the deceased but were subsequently overlooked in the Will

If you would like to discuss contesting a Will please telephone 0151 709 4491 or click here to contact one of our experienced solicitors.

Financial claim against an estate

Following the death of a friend or family member you may question the way their estate is to be administered is wrong, either due to validity of their Will or because of intestacy rules.

Where there is no Will, the state determines how an individual’s money and property is to be divided. In certain circumstances you could make a claim for provision from the Estate and our experienced solicitors can provide you with advice in this regard.

Where there is a Will and you consider that the deceased did not have capacity to sign the document or believe that another individual coerced the deceased into drafting the Will in a particular way you may be able to have the Will set aside by the Court.

We can provide you will full advice and assistance in relation to whether or not you have a potential claim.

To find out if you have grounds for a financial claim against an estate please call 0151 709 4491 or click here to contact one of our experienced solicitors.

Asset Protection

Trusts are a way to ring-fence your assets to ensure that they will be safe for the future.

You can have full use of your assets during your lifetime with a Trust and will be free to move, downsize and spend the savings you have protected. You will also be able to receive income from your savings.

Setting up a Trust before you marry or cohabit can help to avoid losing your assets if the relationship goes wrong in the future. Assets ring-fenced by a Trust do not form part of the marital assets in a settlement and your spouse/partner will be unable to claim any of your assets.

You can also protect your son or daughter, grandchildren or other family members from losing their inheritance in a divorce in the future by setting up a Trust. You can impose restrictions, conditions and time limits in your Trust, so you can keep your assets in your family.

If you would like to discuss protecting your assets please call 0151 709 4491 or click here to contact one of our experienced solicitors.

Pre-Nuptial and Post-Nuptial Agreements

Following a string of high-profile and widely publicised marriages and divorces, this complex area of law has been moved to the forefront of people’s minds.

We can offer advice and assistance to clients seeking to protect their assets by having a pre-nuptial agreement prepared and also to clients seeking help when they have been advised by their prospective spouse that they need to sign one.

If you would like to discuss your situation please telephone 0151 709 4491 or click here to contact one of our experienced solicitors.

Formation and Management of Trusts

Our expert solicitors have over 65 years of experience forming and managing Trusts to give you peace of mind to know that in the future the people you trust will remain in control of your assets and you will not lose control to the state. We advise our clients to get Trusts set up as soon as is possible to make sure they have put as much protection in place as possible while able to do so.

The most popular Trusts that we set up deal with the following subjects:

– Asset Protection

– Estate planning for step families

– Financial protection for disabled dependents

– Financial protection from relationship failure

– Protecting your assets from Bankruptcy

If you would like to discuss any matters in respect of a Trust please call 0151 709 4491 or click here to contact one of our experienced solicitors.

Court of Protection Applications

Where an individual has not executed a Lasting Power of Attorney and loses mental capacity, usually there is no one with legal authority to handle their property and financial affairs.

  1. Rex Makin’s team of specialist solicitors can advise on all aspects of Court of Protection matters including the appointment of deputies.

If you would like to discuss a Court of Protection Application please call 0151 709 4491 or click here to contact one of our experienced solicitors.

Lasting Power of Attorney

A Lasting Power of Attorney allows you to make decisions in advance and plan how your financial affairs or health and welfare will be dealt with in future.

It enables you to exercise control over which decisions you want to be made on your behalf if you lose capacity to make them, the people you want to make those decisions for you and how you want those people to make those decisions.

It is important to note that unless restricted within the Lasting Power of Attorney document your attorney(s) can act before you lose mental capacity to provide assistance to those with physical disabilities.

If you would like to discuss a Lasting Power of Attorney please telephone 0151 709 4491 or click here to contact one of our experienced solicitors.

Estate Planning for step families

In nearly half of all stepfamilies, one spouse or the other brings a child or children with them. Any remarriage can complicate estate planning, but this is especially true when it involves children from prior marriage – and even more so when couples have additional children together.

Step families face unique challenges when they begin to plan their estates. It is important that adults create a Will, Trusts or other estate plan if it is their intention to provide for the entirety of their family to create certainty and bring order to even the most complicated family circumstances.

Assets are usually left to the surviving spouse, who then decides how the assets are distributed upon their death. In these circumstances all of your assets, or the assets you have inherited, could be given to your step children rather than shared with your children as you may have intended.

We can help you confirm your intentions and ensure that your wishes are followed.

If you would like to discuss estate planning for step families and create financial certainty for your loved ones please call 0151 709 4491 or click here to contact one of our experienced solicitors.

Financial protection for disabled dependents

Gifts to disabled beneficiaries who receive means tested benefits effectively become gifts to the state, as benefits are withdrawn until the inheritance has been used by them for normal living expenses.

Assets left to a disabled person within a Trust do not count for means testing purposes and your beneficiary can still receive state support.

By planning ahead for your loved one you are protecting the inheritance that you leave to your disabled beneficiary so that it will be used purely for life enhancing extras such as hobbies, interests and travel.

Our experienced team can help you to secure the financial protection for your disabled dependent.Please call 0151 709 4491 or click here to contact to one of our experienced solicitors.

Financial protection from relationship failure

By protecting your assets with a Trust before you marry or cohabit, you can avoid losing them if the relationship goes wrong in the future. Assets ring-fenced by a Trust do not form part of the marital assets in a divorce settlement and your spouse/partner will be unable to claim any of your assets.

You can also protect your son or daughter, grandchildren or other relatives who you intend to benefit from your estate from losing their inheritance should they divorce by protecting your assets with a Trust. By setting up a Trust you are keeping your assets in your family.

You can impose restrictions, conditions and time limits on gifts in accordance with your wishes.

If you would like to discuss financial protection from relationship failure please call 0151 709 4491 or click here to contact to one of our experienced solicitors.

Business Succession Planning

How best to pass on your business to the next generation will be one of the biggest challenges you face. You need to make the right decisions for you, your family and your business – balancing the needs of all three.

It can be made easier if you plan the succession process early – ideally when you set up the business. You may also want advice about the most alternative and tax efficient business strategies.

To start planning for the future of your business please call 0151 709 4491 or click here to contact to one of our experienced solicitors.

Protecting your Assets from Bankruptcy

Even the most organised business people can’t foresee the future. So if you wish to protect your personal assets from future business failure, bankruptcy or unforeseen debts, the Lifetime Trust can provide a protective barrier. Although it does not prevent your personal bankruptcy, it will mean that you are able to keep your family and your assets safe and you can have a fresh start after you have been discharged. This will also apply to your beneficiaries.

To discuss protecting your assets from bankruptcy please call 0151 709 4491 or click here to contact to one of our experienced solicitors.

Equity Release transactions

Almost 2 million homeowners aged over 50 plan to access the equity in their home to help fund their retirement.

You may want to release some of the equity in your home to assist family members with university fees, to get on the property ladder, subsidise your retirement, fulfil your ambitions or even travel the world.

To unlock funds for your future, contact us about Equity Release transactions on 0151 709 4491 or click here to contact to one of our experienced solicitors.