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Wills Tax

Meet Charlotte Nock

Head of department.

Ranked as a leading Firm in the Legal 500, we offer a comprehensive service to clients combining expertise and efficiency with a considerate and sympathetic personal approach. We can help you manage your personal affairs and those of your family and work with you to understand what you wish to achieve.

To give you further peace of mind we hold the Law Society’s accreditation for the Wills and Inheritance Quality Scheme (WIQs), a best practice quality mark for Wills and probate advice that clients can trust.

We are proud to have achieved the high standards of practice and integrity required to become accredited with the Law Society’s Wills and Inheritance Quality Scheme. This scheme’s logo is your guarantee that we will provide high quality Will drafting, probate and estate administration services.

We will carry out our work for you in accordance with the good practice standards of the Law Society’s Wills and Inheritance Protocol. This means that we will:

  • treat you with dignity and respect
  • be polite and considerate
  • use clear language and keep legal jargon to a minimum
  • explain what the costs are likely to be and how we charge
  • advise you on the issues and the options for dealing with them
  • explain what you can expect from us
  • carry out our work in a timely manner
  • respond promptly to your enquiries
  • keep you informed of our progress.

Our Will writing solicitors can work with you to ensure your money, property, possessions and investments go to the people and causes you care about. We offer family owned businesses timely advice on succession planning to protect the future of their businesses. To ensure your family is protected and that your wealth is passed on in the most secure and tax efficient way, we also offer expert tax planning advice and independent financial advice .

Everyone – young or old – should think ahead and consider setting up a Lasting Power of Attorney (LPA). Our experts can help you set up an LPA which will appoint a person (or persons) of your choice who you trust to deal with your property and financial affairs or health and welfare, should you become incapable of doing so yourself. Many of our clients choose to set up an LPA at the same time as they draft their Will.

Our estate administration and probate specialists provide essential support for families, executors, beneficiaries and trustees following bereavement. The work can be complex and involves managing day to day administration of the estate and its assets, including those held in different countries, providing advice on tax matters and importantly ensuring that your inheritance is well protected both now and in the future. We can also provide expert advice if there is a contested Will or estate .

Trust Funds are not just for the extremely wealthy and can be an ideal way to help you manage your property and assets to ensure your loved ones are protected in the future. This can be a complex area and our trust specialists can advise you further.

For further advice, please contact one of our Wills tax and estate administration experts based in Canterbury , Ashford and Herne Bay .

FREQUENTLY ASKED QUESTIONS

In situations where a person dies without a Will, that person is considered to have died ‘intestate’ which means the ‘intestacy rules ‘ then take effect.

The intestacy rules are a statutory order as to who will benefit from your estate if you have not made such provision yourself by way of a Will. Following this statutory order, if you do not have any children then your spouse will inherit your estate entirely. If you do not have a spouse but you have children, then your children will inherit.

If you have both a spouse and children, your spouse will not inherit the entirety of your estate. In this situation your spouse will inherit the first £270,000 of your estate and all personal possessions. The rest will be shared as to one half for your spouse and one half equally between the children. There are other categories of beneficiaries depending on your family circumstance with ultimately the Crown being the beneficiary.

The only way in which you can therefore ensure that your wishes are carried out is by having a Will.

If you believe you have a valid inheritance dispute and want to contest probate it is important that you instruct contentious probate solicitors as soon as possible.

Alternative Dispute Resolution (ADR), particularly mediation, should always be considered in the first instance.

If the dispute cannot be resolved by ADR, your Will dispute solicitors will need to issue a claim form to court supported by a pleaded case, following which your opponent will serve a defence. The court will then lay down a directions timetable to trial, which will require each party to disclose documents and exchange witness evidence.

Upon the death of a person, any Inheritance Tax owed to HM Revenue & Customs is a debt of the Estate. As a liability of the Estate, the person dealing with the administration is responsible for ensuring the requisite amount is paid prior to distributing the proceeds of the Estate to beneficiaries.

Inheritance Tax is payable if the Estate exceeds the nil-rate band value of £325,000 and anything above that nil-rate band is then taxable at 40%. In cases where the second spouse of a married couple/civil partnership dies, the unused nil-rate band from the first death can be combined to give the Estate a tax free total of £650,000.

From 6 April 2017 a Residence Nil Rate Band was introduced, currently set at £175,000, which can be utilised if the deceased owned a residential property which passes directly to their lineal descendants on death.

A Lasting Power of Attorney (LPA) is a legal document which allows an individual, the ‘donor’, to appoint attorneys to manage their affairs and make decisions on the donor’s behalf. There are two different types of Lasting Power of Attorney.

The Lasting Power of Attorney for health and care decisions relates to matters such as decisions regarding treatment, medication, care homes and the decision to give your attorneys the right to refuse life-sustaining treatment on your behalf. The Lasting Power of Attorney for property and financial affairs relates to financial decisions such as opening bank accounts, dealing with direct debits, dealing with receipts of pension/benefits and also allows for the attorney to make decisions relating to property on behalf of the donor. The two Lasting Powers of Attorney are not mutually exclusive and you can register one without the other.

A Grant of Representation is a legal document issued by the Court which enables the Estate of the deceased to be administered. There are several different types of Grant of Representation. One is the Grant of Probate which is used when the deceased has left a Will and it enables the Executors named in the Will of the deceased to administer the Estate in accordance with the Will terms. If the deceased died without a Will then the deceased’s next of kin have to obtain Letters of Administration in order to administer the Estate of the deceased.

Trust Funds can be an effective way to provide for your family both now and in the future whilst ensuring that maximum use is made of the tax planning available. They are particularly useful when planning how assets should pass from one generation to another especially when family structures are complicated by divorces and second marriages. They can be used in a variety of ways which include:

  • To support someone who is unable to manage their money, to ensure that they are looked after, even when you are no longer able to help them yourself.
  • To benefit mentally or physically handicapped beneficiaries providing them with a secure future.
  • To make sure that your own money is used to look after you if you are unable to look after yourself.
  • Providing financial stability in the future for your loved ones by guaranteeing an income for them.
  • To ensure your money and assets are passed on in the most tax efficient way and to help mitigate Inheritance Tax.
  • For advance planning using your home and other assets with care home fees in mind.

New rules were introduced on 6 October 2020, as part of the UK’s implementation of the Fifth Money Laundering Directive (5MLD). The rules extend the scope of the trust register to all UK and some non-UK trusts for trusts that are currently open, whether or not the trust has to pay any tax, but with some specific exclusions. These rules extend to all new trusts that meet the registration criteria.

Trusts that need to be registered are broadly all UK express trusts, unless they are specifically excluded.

Certain trusts do not need to be registered unless they are liable to pay UK tax.

This can be a complex area and each trust would need to be considered under the HMRC criteria for trusts.

Trustees or their agents are required to register the trust online using the HMRC Trust Registration Service. Once the trust has been registered ongoing maintenance and compliance for the trust for tax purposes will be dealt with using the online Trust Registration Service.

UK Leading firm 2025web

Our Wills, Tax & Estate Administration team is ranked in the Legal 500 directory.

Our Experts

Charlotte nock.

Charlotte is a Legal 500 Recommended Lawyer and Head of the Wills, Tax & Estate Administration Department. She is based in our Herne Bay office. A French speaker, Charlotte has extensive experience in dealing with complex multi-jurisdictional estates.

Lesley Rushton

Managing partner.

Lesley is Managing Partner and a Legal 500 Recommended Lawyer. She is attached to the Wills, Tax & Estate Administration Team at the Canterbury office, and has specialised in matters relating to Wills and inheritance for over 30 years.

Louise Wilson

Louise is a Legal 500 Recommended Lawyer specialising in all aspects relating to Wills, probate, Lasting Powers of Attorney and Declarations of Trust. Louise is the chair of Faversham and Sittingbourne Age UK.

Ovid Busette

Senior associate solicitor, wills, tax & estate administration.

Ovid is an affiliate member of STEP and specialises in matters relating to Wills, Probate and Lasting Powers of Attorneys. He is also a Dementia Friend and Girlings is proud to be part of the Dementia Friendly Kent campaign.

Joshua Parton TEP

Josh joined us in September 2022 and is a Senior Associate Solicitor in our Wills, Tax & Estate Administration team. He is currently based in our Canterbury and Ashford offices.

Poppy Cooke

Associate solicitor.

Poppy is based in our Herne Bay Office in the Wills, Tax & Estate Administration team. She has specialist knowledge in the preparation of Wills, Powers of Attorney and the Administration of Estates.

Sarah Geering

Sarah is a Senior Associate Solicitor in our Wills, Tax & Estate Administration Team. She is based in our Ashford office.

Katie Collis

Katie is based in our Canterbury Office in the Wills, Tax & Estate Administration team. She has specialist knowledge in the preparation of Wills, Powers of Attorney and the Administration of Estates.

Wills, Tax & Estate Administration Executive

Susan has over 30 years’ experience in Private Client work. Starting her career in Faversham, she also worked in Whitstable and Broadstairs before joining Girlings in February 2023.

Laura Harvey

Assistant solicitor.

Laura is an Assistant Solicitor in the Wills, Tax & Estate Administration Department. She is based in our Herne Bay office.

Natasha Boyd

Tax technician.

Natasha is a Tax Technician in our Wills, Tax & Estate Administration Department. She joined Girlings in December 2021, and is based at our Canterbury office.

Stephanie Stocker

Stephanie joined our Wills, Tax & Estate Administration team in October 2023. She divides her time between the Ashford and Canterbury offices.

Sophia Wright

Dispute resolution.

Sophia joined Girlings as a Paralegal in our Wills, Tax & Estate Administration Department in April 2023. She is based in our Ashford office.

Anna Ayling

Trainee solicitor.

Anna began the second seat of her Training Contract, with our Wills, Tax & Estate Administration team, in September 2024. She is based in our Herne Bay office.

Ruth Amaeze

Ruth joined Girlings as a Paralegal in September 2024, and currently sits with the Wills, Tax & Estate Administration Department. She is based in our Canterbury office.

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Casey & Associates Logo

Situated in east Kent on the river Stour, Canterbury is a city steeped in history, heritage and culture This world-famous cathedral city, a popular tourist destination is one of the most visited cities in the United Kingdom. It boasts three UNESCO world heritage sites, six museums, seven art galleries and six theatres, and is dominated by its magnificent Cathedral, founded in 597 AD, the headquarters of the Church of England.

Our Services in Canterbury

Will writing.

Our advice to our Clients is always to ensure that they have a valid Will in place, as this is the certain way of knowing that your express wishes will be carried out when you die. If there is no Will, then the risk is that your assets may not be distributed as you have wished, and almost certainly means a lengthy Estate Administration process.

With our Will Writing service you can be confident that your wishes will be carried out, and part of our service is that we will follow up by contacting you regularly to ensure that the planning remains appropriate as your personal situation changes.

Estate Planning

Good Estate Planning is vital. While a well-written Will forms the basis of good Estate Planning, our service covers much more than just Inheritance Tax planning. We cover Care Fees planning to protect estates from long term residential care fees assessment, and also strongly recommend Lasting Power of Attorney documents to ensure that your family is never left in a difficult position regarding decisions they may need to take on your behalf.

We aim to be proactive in our approach and work with experts, where appropriate, so that our Clients have the best possible financial plan in place for their Estate.

Estate Administration

Estate Administration can be a lengthy and complex process with much paperwork requiring specialist knowledge. Our expert Estate Administration service aims to reduce the stress on executors (usually family members) of administering an Estate, at what is usually already an extremely emotional and stressful time.

If you live in the Canterbury area and feel that you would benefit from our Will Writing service, or have concerns on any other aspect of Estate Planning or Estate Administration, then please get in touch by giving our team a call on 01732 868190, or submitting an enquiry form , and we will arrange for Hugh Goodale, our Practice Director, to contact you to talk through your personal situation and requirements.

Frequently Asked Questions

Why do i need a will.

Your Estate Without a Will, the authorities will decide how and to whom your estate is distributed, which can result in problems for your loved ones that you leave behind. For example, if you are not married your partner could be left with nothing. Or if you are single, what you leave could end up going to the State.

Your Children Having a Will means you can appoint guardians for your children, which is even more important if both parents die – without a Will the local authorities can appoint guardians for you. Also if you are not married to the other parent when you die, this does not mean the other parent will automatically become the guardian (if your children were born before 2003).

Protecting Your Wealth Another vital reason for having a Will is to make sure that what you leave is not inherited by those you do not want to access your funds: for example, a future partner of your spouse or their future children.

Leave an Amount to Charity You can state in your Will an amount to leave to a Charity of your choice.

Trusts Some or all of what you leave can be put in a Trust for different reasons. For instance, so that your children receive it when they reach a certain age. You can also include conditions that Trust funds are only used for certain items: for example, a child’s education.

WHY USE CASEY & ASSOCIATES RATHER THAN A SOLICITOR?

We are experts in Will Writing and advising so will review your specific circumstances and recommend what to include in your Will, taking every foreseeable scenario into account. The biggest benefit to our clients is peace of mind. We also provide home visits at no charge saving you time and hassle.

Most solicitors are knowledgeable in several legal areas and are not necessarily specialist Will Writers.

WHY NOT JUST USE A DIY WILL KIT?

A DIY Will can save you money upfront but if you get anything incorrect, you could cause your family and friends you leave behind a whole lot of trouble and concerns when they are sorting out your finances after you have died.

Also, if you use a Will template, the responsibility for your Will being correct is completely down to you. If there are any mistakes which cause problems when your Will is read, there will not be any legal comeback at all.

It could even mean that your Will is invalid and the law will then decide who your money and property should go to.

WHAT ABOUT WILL WRITING COMPANIES OFFERING WILLS FOR A VERY LOW PRICE?

Unless your Will is to be very simple and standard (which is rare), we recommend that you avoid these companies. They usually provide a basic Will drafted from a template and are not experts, so they cannot advise you on your specific circumstances. An example of this is a lady who recently came to us that had one of these Wills written. She assumed she would need a simple, straightforward Will but we found several overlooked items that her Will needed to include. Luckily, she came to us instead of hoping the cheap Will she had would cover everything.

HOW LONG DOES THE PROCESS TAKE?

Once we have taken your instructions we wait for the statutory 14 days "cooling off" period, unless you have asked us to proceed straight away. We will normally send your “draft” Will(s) to you within seven to ten days. Once we receive your "draft authority" back we will normally ensure that your "Final Will" is with you after a further seven to ten days.

Lasting Powers of Attorney (LPAs) can take longer because we are dependent on your attorneys (normally your family or children) signing documents and sending them back to us. We tend to find that most LPAs are completed within eight weeks. They then need to go to the Government to be registered. This takes on average, a further eight weeks.

CAN I REVISE MY WILL AND DO I PAY FOR THIS?

Some companies charge the full price to reissue Wills even if only slightly amended. Our policy is to charge £60 + VAT to reissue a Will and £190 + VAT to make a minor amendment such as a guardian or executor and then reissue a Will. Please note that it is NOT necessary to revise your Will(s) if one of your executors or beneficiaries changes address or name; it is all about identification.

FAQs didn’t help? Complete the Enquiry Form if you have any other questions

Other areas we cover

  • Billingshurst
  • Burgess Hill
  • Crowborough
  • East Grinstead
  • Tunbridge Wells

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