How to Leave Property to Someone in a Will

Navigating estate planning and deciding how to leave property to your loved ones in a will can be a complex process. At Van Eaton Solicitors in Streatham, we bring years of expertise to ensure your property is distributed according to your wishes, securing your legacy and providing peace of mind.

Understanding the Importance of Wills and Trusts

When it comes to estate planning, the decision between a will and a trust is crucial. Each has unique features and benefits:

• Will: It becomes active upon your death, detailing how your estate, including property, should be handled. A will goes through probate, which is a legal process where the court oversees the distribution of your estate.
• Trust: This can be set up during your lifetime and takes effect immediately. It allows for more control over when and how your beneficiaries receive their inheritance and can help avoid the often lengthy and public probate process.

Detailed Comparison: Will vs. Trust

Feature	Will	Trust
Activation	After death	Immediately upon creation
Probate	Required, often public	Avoids probate, remains private
Control Over Timing	Fixed at death	Flexible, can be distributed over time
Protection	Subject to legal challenges	Offers better protection against disputes

Tackling Inheritance Tax on Property

Inheritance tax is a vital consideration in estate planning. Understanding how to navigate these taxes can significantly impact the value of the inheritance you leave behind.

• Strategies for Reducing Inheritance Tax: Gifting property, setting up trusts, and utilising tax allowances can reduce the tax burden on your beneficiaries.
• Current Thresholds: The tax-free threshold for inheritance tax is £325,000, but this can increase under certain conditions, such as when leaving property to direct descendants.

Learn More About Inheritance Tax 

Joint Ownership and Its Implications

Owning property jointly adds another layer of complexity:

• Joint Tenancy vs. Tenancy in Common: Understanding these terms is crucial. Joint tenancy implies that the property automatically passes to the surviving owner, while tenancy in common allows each owner to leave their share of the property to someone else in their will.

Navigating Joint Ownership

• Impact on Estate Planning: Decisions about joint ownership can significantly influence how your property is distributed after your death.
• Legal Guidance for Joint Owners: Our solicitors can advise on the best course of action for your specific situation, ensuring your wishes are clearly outlined in your estate plan.

Expert Legal Support in Will Disputes

Disputes over wills can be emotionally charged and legally complex. Our team at Van Eaton Solicitors specialises in resolving these disputes, whether it involves contesting a will’s validity or addressing concerns about an executor’s actions.

How We Help Resolve Will Disputes:

• Legal Analysis: We thoroughly examine the details of the dispute, providing a clear understanding of your legal standing.
• Strategic Advice: Our expertise in estate law guides you through the best approach to resolve the dispute, aiming for a fair and satisfactory outcome.
• Alternative Dispute Resolution: Where possible, we encourage resolving disputes outside the courtroom to save time, costs, and emotional stress.

Get Professional Assistance from Van Eaton Solicitors

Planning your estate and making decisions about property inheritance requires careful consideration and expert guidance. Our team at Van Eaton Solicitors in Streatham is dedicated to helping you navigate these decisions with clarity and confidence.

Contact Us for a Personalised Consultation: Reach out to us at 0208 769 6739 or through our online form to discuss your estate planning needs. We’re here to ensure your wishes are honoured and your loved ones are taken care of.

FAQs on Estate Planning and Property Inheritance