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Expert Estate Planning

Specialising in Wills, Trusts and Lasting Power of Attorney Advice & Arrangements

Please note we will be closed for the Christmas period from Friday 19th December and we will reopen on Monday 5th January.

“Good knowledgeable advice given with a prompt and efficient service received."
"Christina made this process easy for us by arranging visits to our house and did all the form filling and liaising with their solicitors."
“Great help and attention to detail from Christina!”

About Us

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My name is Christina Smith and I hold a wealth of knowledge in estate planning, having worked in this field for many years. I also have a background in Financial Advice. I have worked on countless estate planning cases over the years, ranging from simple, straight forward Wills, to the more complex and holistic circumstances that combine all elements of my estate planning expertise. 

 

I provide a very personal approach to my clients. My services start with a free consultation over the phone or a video call, at your home, your place of work or over a tea/coffee somewhere, to get to know you and your circumstances. This ensures whatever I can provide is rightly suited to you from the start. My aim is to inform and educate whoever I meet on the facts of estate planning, to allow you to make informed decisions about your estate with confidence and certainty.

I am an associate of the Institute of Professional Willwriters (IPW), meaning the work that I do follows their strict Code of Practice, which is Chartered Trading Standards Institute approved.

PRACTICE AREAS

OUR
SERVICES

Wills Advice & Arrangements

A Will is a legal document that details what happens to your assets on death (A.K.A. at probate). These can be written on a singular basis, or as a couple. The Will details which assets are passed to which people and notes the person (or persons) of your choosing that are responsible for distributing your assets on death.

Prices starting at £195

Trusts Advice & Arrangements

A Trust is a legal arrangement that places assets under control of a nominated person or persons (A.K.A. a trustee), offering protection over those assets and how they are managed. Trusts can be included as Wills, to ensure certain assets are passed onto beneficiaries, but managed on their behalf. Trusts can also be set up by themselves and used within your lifetime. 

Prices starting at £495

Lasting Powers of Attorney Advice & Arrangements

A Lasting Power of Attorney is a legal arrangement that allows you to nominate a person (or persons) to make financial or health decisions on your behalf if you were to ever lose physical or mental capacity.

Prices starting at £495

All of our services include a fully advised and managed process, where your requirements and needs are discussed at length and the legwork of drafting and arranging legal documents is all managed by ourselves, making the process as simple as possible for you. 

We offer a free initial consultation to discuss your needs and answer any queries you might have, so you can be sure of your requirements before proceeding with our services. We are also happy to use this time to look through your existing Wills, Trust and LPA documents with you and determine whether they still suit your needs. 

FAQs

Frequently Asked Questions (FAQs)

Why do I need a Will? 

Whilst a lot of people feel that their affairs are quite simple and, on death, everything could be distributed quickly and simply, it's not always as straightforward as it seems. 

  • A Will allows you to nominate people (known as executors) to carry out your wishes. Without a Will, and no legal nomination, the person responsible for distributing your assets must apply for a "grant of letters of administration" to have the legal authority to deal with your estate. This process is costly and time consuming at a time that can already be very stressful. A Will nominates this person ahead of time to avoid unnecessary stress.

  • The wishes noted in your Will are legally binding, meaning that your nominated executor(s) must follow these wishes and ensure your assets are passed to the people stated in your Will. Without a Will, the people carrying out your estate distribution are not legally bound to pass your assets to the people you wanted them to.  There are also specific laws that determine how estates without a valid Will are distributed, which may be different to your own wishes. 

Can't I just write my own Will/get a free Will?

Whilst it is totally possible to write your own document that details what happens to your own assets on death, there are countless elements that can invalidate a Will and make it legally void, meaning those that carry out the Will don't legally have to follow your wishes. Having a Will written by a professional ensures these elements are properly adhered to and it puts the onus of any mistakes onto the professional, should the Will become void for any reason. 

The idea of companies and charities offering "free" Wills must also be taken with a pinch of salt. Whilst some solicitors offer free Will writing services, they usually insist that you note them in the Will as "professional executors" (i.e. they carry out the wishes of your Will on death, A.K.A. at probate). This means that whatever fee they don't charge you for the will-writing service will likely be recovered with any fees charged at point of probate. With charities, they will usually only offer a free will-writing service if you name them as a beneficiary in your Will, meaning they will get a proportion of your estate on death to recover their costs, or in exchange for a charity donation when the Will is written.

Although we charge a fee for our Will advice & arrangement services, this is a one-off fee and we don't recover any charges further down the line. As Will advisers, we also discuss your requirements and queries with you at length and provide recommendations as to what to include in your Will that might otherwise have been missed. We don't just provide a template for you to fill out as most free/low cost Will writers do.

Can't my spouse/a family member just manage things on my behalf if I lose mental capacity?

Spouses, partners or family members don't have an immediate right to be able to manage your affairs on your behalf. Most institutions (such as banks or GPs) must have permission from the individual whose affairs are being managed and that individual must have mental capacity to do so.

If you lose mental capacity, in most circumstances, someone must apply for "deputyship" through the courts to manage your affairs. Again, this process is very time consuming and costly. Not only does the application for deputyship come with significant fees, there is an ongoing "supervision fee" which must be paid annually in order to remain a deputy. Lasting Powers of Attorney only consist of a one-off set up and registration cost; there are no ongoing fees. 

CONTACT
CMS Wills

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

10am-6pm

10am-6pm

10am-6pm

10am-6pm

10am-6pm

Closed

Closed

Based in Sherburn Village,

Durham, UK

 

Opening Hours

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Christina Smith

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CMS Wills trades on behalf of APS Legal & Associates Ltd, Head office: Worksop Turbine Innovation Centre, Shireoaks Triangle Business Park, Coach Close, Worksop, Nottinghamshire, S81 8AP. APS Legal & Associates is a member of the Institute of Professional Willwriters. APS Legal & Associates complies with the Trading Standards Institute Approved IPW Code of Practice

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