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Why do I need a Will?
There is nothing more traumatic than dealing with the death of a loved one.  If there is no will, this will increase the distress even more. A properly prepared will ensures that your assets are allocated the way you intended.  It allows the executor of your will to proceed with the distribution of your estate according to your wishes.

A will significantly eliminates the chances of family, friends or business partners squabbling in the event of your death. If you do not make a will, your estate is divided up in accordance with the Succession Act which may not be what you wanted. It may even result in your estate being left in full or part to the State.

How can Malcomson Law help you?
The Wills and Probate Department at Malcomson Law are experienced in all aspect of Wills & Probate. We can assist with –

  • The drafting of wills
  • Disputes & contesting wills
  • Setting up of trusts


Drafting of Wills
The drafting of a professional and legally binding will, ensures that when you pass away, your estate passes to your chosen beneficiaries.  It will also save your family from unnecessary stress as a consequence of family disagreements and minimise legal costs.

We will explain all aspects associated with making a will, including the role of Executors, Administrators, Trustees and Guardians.  We will advise you on your legal obligations to your spouse and children and provide advice that will minimise the tax exposure to those who benefit from your estate. We provide a caring and efficient service that includes home and hospital visits.


Disputes & Contesting Wills
Contesting or disputing a will is a very emotional course of action. You are coming to terms with the passing of someone close to you and are faced with the prospect of legal proceedings against family or friends. Challenging a will and estate disputes are becoming more complicated as the modern family becomes more complex.

We are very aware of the sensitivities involved in disputing a will and how difficult it can be for you and your family.  Whether you are bringing a claim against a will or defending a claim we have considerable experience in this area of law.

Setting up of Trusts

In wills, trusts are usually set up to protect the interests of underage children, or incapacitated adults. Trusts are highly technical, and require expert treatment and advice. The Malcomson Law Wills & Probate team can guide you through this process. There are a wide range of issues to be considered. These include -

  • Ensuring that the Trustees have sufficient powers to deal with the assets of the Trust
  • Deciding at what age children become entitled to their share of the Trust property
  • Ensuring that responsible and trustworthy trustees are chosen

A Discretionary Trust allows the Trustees to distribute funds as they see fit, but there are taxes implications. This arrangement will attract a discretionary trust tax when it is set up, and when it is concluded. It also attracts an annual levy for each year it is in operation.

If your children are now over 18 years of age, and you made a Discretionary Trust for them some years ago, it would be advisable to make a fresh will without utilising a Discretionary Trust. It would help to avoid unnecessary discretionary tax.

At Malcomson Law, we can offer a full range of advice on drafting wills, discretionary trusts, challenges and will disputes. They will give you the necessary advice on succession law and taxation matters.

Please phone us at 01 8744 422 or fill in our online inquiry form and a Client Care Executive will be in contact with you. Our Client Care Executive’s are non-lawyers with a considerable track record of helping people through the many difficult issues that can arise during the process of administrating a person's estate.

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