Martin Tolhurst Banner Image

Services

Wills and Probate Solicitors in Kent

At Martin Tolhurst Solicitors we have a large and experienced wills and probate team to help you with any of your lifetime planning and estate administration issues.

Many people worry about making a will. Making a will is exceptionally important, although the latest research shows that more than half the UK adult population does not have one. By having a will, you can give your personal instructions as to what should happen to your estate in the event of your death. This is especially vital for those with children, other dependants or those who are co-habiting (living together whilst unmarried). If you die without leaving a will, your estate will be dealt with under the fixed, rigid rules of intestacy.

Dealing with an estate can be a daunting task and it usually comes at an emotional time. We can assist and guide you with all the paperwork and obtaining the Grant of Probate or Letters of Administration. We can relieve you of the burden of dealing with banks, building societies, pension companies and Government bodies. We seek to sort matters out for you in an efficient and friendly way.

Our wills and probate lawyers are experienced and understand the pressures of each situation. They will seek to guide and assist you in a caring, positive manner so that you can be assured that your matter is being dealt with professionally. We can provide fixed fee estimates on all cases so that you can be confident that you have a competitive fee and you can budget with certainty.  

Get in touch with our wills and probate solicitors in Kent today. We have four offices in Longfield, Ashford, Gillingham and Sittingbourne. Just give us a call at your local branch for 15 minutes of free legal advice and to set up an initial consultation.

Our wills and probate expertise

We have a wide range of expertise covering all lifetime planning and estate administration matters, including:

Each and every member of our team is an expert in their field and we are committed to continuing our professional development to ensure we can consistently provide the highest quality of legal services to our clients. 

One of our Partners, Barbara Stewart, is a member of the Private Client Section of the Law Society.

How much will it cost?

Our understanding is that price transparency from start to finish is what people want from their solicitors. At Martin Tolhurst Solicitors we start by offering you two simple things to get the process started.

Free Initial phone consultation – a no obligation 15 minute general call to go over your enquiry, with one of our expert lawyers.

01634 728111

£99 Fixed-Fee First Advice – a 45 minute, face-to-face specific advice session with one of our expert Wills & Probate lawyers who specialise in the area relevant to your legal matter.

We understand that the cost of obtaining legal advice can appear off putting. We are able to offer creative arrangements for fee payment and in all cases are able to provide cost effective advice to each and every client giving you a cost estimate which will be reviewed at every stage of your case.

Book Now

Our wills and probate services

Making a will

Our skilled wills solicitors in Kent have substantial expertise preparing wills and codicils (additions to wills), from simple documents leaving a whole estate to a spouse or partner, to complex documents involving things like overseas assets or multiple beneficiaries.

Most people put off making a will, at least until they are older. However, you should always consider making a will if you own assets, have children and/or a partner (particularly if you are unmarried as they will otherwise be unable to inherit).

You can also use your will to set out important wishes such as who will look after your minor children, who will deal with your estate on your behalf (your executors), and your funeral wishes.

We will ensure your will:

  • Is drafted meticulously to accurately reflect your wishes
  • Complies fully with legal requirements, minimising any risk of challenge
  • Reduces your liability for Inheritance Tax wherever possible

Inheritance Tax planning

When planning for end of life, one of your biggest concerns is likely to be inheritance tax. Once a tax that only caught the very wealthy, rising property prices and increasing pension pots mean more and more people are now affected.

We can help you minimise your liability for inheritance tax by examining how your estate is structured and providing advice on the reliefs and exemptions you can take advantage of, including:

  • Leaving your estate to your spouse or partner in your will
  • Leaving the family home to a dependant in your will
  • Lifetime gifting
  • Leaving gifts to charity
  • Agricultural Property Relief
  • Business Relief

Probate and estate administration

When a loved one dies, someone must take on the responsibility of sorting out their estate. This can be a daunting task when you are grieving but unfortunately, it must be done. Our skilled and sensitive probate solicitors are experienced in supporting clients through this difficult time. We will take the weight off your shoulders as much as possible by handling all aspects of the process on your behalf, including:

  • Obtaining Grant of Representation (legal permission to administer an estate):
  • Grant of Probate where there is a will
  • Letters of Administration where there is no will
  • Financial matters, including contacting the deceased’s banks, building societies, and utility companies
  • Calculating and dealing with inheritance tax
  • Paying off debts
  • Distributing inheritance to the beneficiaries, either as set out under the will or according to the rules of intestacy

Trusts

Trusts are legal devices for protecting and preserving money and property during your lifetime or after you die. It is very important to draft the trust document precisely to ensure it is legally binding and it reflects your wishes.

Whatever your objective – whether you want to minimise inheritance tax, set aside inheritance for your minor children until they turn 18, or preserve your home or business – we can provide advice on whether making a trust is right for you and handle its set up on your behalf. We can also advise on the tax implications of your trust and help trustees with their legal duties and responsibilities under the trust.

Lasting Powers of Attorney

When planning for the future, it is important to think about what might happen if you become unable to make your own decisions about things like your health and financial affairs.

Old age, illnesses such as dementia, and brain injuries caused by accidents or conditions such as stroke cause many people to lose their mental capacity every year. Although we want to think it won’t happen to us, unfortunately there is always a chance.

Our solicitors can help you create a Lasting Power of Attorney (LPA) to appoint a trusted loved one to help you make decisions or make decisions on your behalf in the event you lose the ability to sometime in the future. Our expertise includes:

  • Property and Financial Affairs LPA
  • Health and Welfare LPA

Challenging a will

Our contentious probate solicitors can provide advice and sensitive guidance in all contested will and inheritance matters. The death of a loved one is an emotionally fraught time and it is easy for disputes over their final wishes and inheritance to arise. Our goal is to help you diffuse conflict as far as possible, resolving disputes amicably while helping you achieve an outcome which is beneficial to you. Our expertise includes:

  • Inheritance (Provision for Family and Dependants) Act 1975
  • Challenges to the validity of a will
  • Disputes between executors
  • Disputes between executors and beneficiaries

Get in touch today

Take the next step and call our new enquiry team today to book your initial consultation on 01474 546013 or if it’s easier email us at enquiries@martintolhurst.co.uk. We have five convenient locations across Kent in Gillingham, Longfield, Ashford and Sittingbourne, so get in touch today to discuss your matter and find out how we can help you move forward.