Trustee & Executor Services

Trustee & Executor Services 2017-07-01T18:05:13+00:00

Trustee & Executor Services

What are executors and trustees?

Executors are those persons entrusted with all aspects of the administration of a Will. In summary, their duties are to carry out all terms of the Will correctly and appropriately according to the law and the stated wishes of the deceased.

Trustees are those persons entrusted with the administration of Trusts contained either in Wills or in other Trust structures.

Having conducted Wills and Probate administration for a number of years, Robert Cartmell is trustee and executor on many Estates for individuals and families. Our firm is most commonly appointed to act as:

  1. Executor of a Will;
  2. Trustee of a Discretionary Trust or Life-Interest Trust created with a Will;
  3. Trustee of a Discretionary or Life-Interest Trust created in the lifetime by the family for care fees protection or Inheritance Tax protection purposes;
  4. Deputy or Attorney for persons lacking mental capacity.
Where the Will is linked to complicated situations, or there are Trusts to be administered, it is always advisable to appoint someone independent and someone who understands the legal procedure for Wills and Trusts. Complex situations can include:

  1. Where the primary beneficiary is vulnerable and where the burden of executorship is too great to place on them.
  2. Where a family member is specifically excluded from benefiting, or ‘normal’ beneficiaries are not receiving what would be usually expected. For example, if a spouse or child is excluded specifically.
  3. Where there is the wish to protect the Estate passing to children, so that it is protected from potential divorce or other claims against them.
  4. Leaving the Estate to charities (the requirements for administering Estates for charities are strict – with various rules and regulations which require compliance).
  5. Where simply it is a burden on others to undertake the role when they are receiving no benefit themselves under the Will.
Primarily, the documentation associated with Discretionary Trusts or Life-Interest Trusts is complex technically and usually such Trusts come hand-in-hand with the requirement for ‘loan’ documentation to be prepared, which is a job for a solicitor or lawyer.

Furthermore, it is not usually advisable for beneficiaries to also be trustees of a Discretionary Trust as there is a potential conflict of interest.

Given that there are legal tasks involved in the process, it makes sense to have a professional solicitor Trustee appointed.

Understanding the Trusts correctly and acting on them in accordance with how they were set up is absolutely essential. You need someone independent who has an understanding of the workings of the Trusts and the reasons behind them.

Experience and trust

We have experience of acting as a solicitor-trustee in many different circumstances and for many families. We have an unblemished legal record as a trustee and executor and can be trusted to do the very best for the beneficiaries.

Focus

We wish to focus on what is best for the administration of the Trust or Estate that we act for. We wish to act efficiently and to focus on progressing Estates and Trust administration.

Additionally, we recognise it is essential to act with all due care and sensitivity and to ensure that matters are conducted fairly.

We will set out a plan of action, and be happy to clarify and explain in person the workings of Trusts to all persons affected or interested in the Estate or the Trust.

Expertise

We have expertise in conducting many different Estates and Trusts over a number of years. Advising requires adopting an even-handed approach and acting with common sense principles.

Trusts are relatively complex legal vehicles to the lay person, so it is vital for clients to have an expert who can not only draft and oversee the administration of such structures, but who can also explain them clearly to all interested parties.

Insurance and regulation

Our solicitors are fully insured and regulated by the Solicitors Regulation Authority. They must act in accordance with all SRA codes of conduct and client care principles. We are additionally members of Solicitors for the Elderly and the Law Society’s Wills & Inheritance Quality Scheme and we regulate ourselves in accordance with their rules and guidance.

Our firm believes in advising clients correctly and fully regarding the operation of Trusts included with Wills or with lifetime gifts.

Many people have turned to us with Discretionary Trusts contained in their own Wills, or those of their parents, requesting an explanation of how the Trusts operate, or to understand the benefits and reasons why they were created. Some of those Trusts were not administered at all.

We also have been asked to troubleshoot cases for people who have had poorly-drafted Trusts with Wills created by non-expert lawyers, which require some amendment or updating to bring them into line with current procedures.

We can sit down with you and explain your existing Trusts. We can often troubleshoot existing problems with Trusts that have not been set up correctly, or where a previous adviser lacked the knowledge and expertise to draft the documentation correctly.

Our team

Johanna Knott: an experienced solicitor and a member of the Society for Trust and Estate Practitioners and Solicitors for the Elderly. Contact Johanna at jo@cartmell-solicitors.co.uk. Johanna is based at our office in Chalfont St Giles and is a local resident.

Helen MacDiarmid: an legal executive with years of experience in handling a wide variety of Power of Attorney, Probate and Wills related matters. She is also a member of Solicitors for the Elderly. Contact Helen at helen@cartmell-solicitors.co.uk. Helen is based at our office in Chalfont St Giles.

Jennifer Beaujeux: an experienced legal executive with very sound knowledge in advising clients on all aspects of Power of Attorney, Probate and Wills related matters. Contact Jennifer at jennifer@cartmell-solicitors.co.uk. Jennifer is based at both our Chalfont St Giles office and our Stone office.

Robert Cartmell: an experienced specialist Solicitor having conducted Wills, Probate, Lasting Powers of Attorney and Court of Protection matters over an 18-year period for individuals and couples. He is a professional member of the Solicitors for the Elderly. He is currently appointed Deputy or Trustee on a number of matters. Contact Robert at rob@cartmell-solicitors.co.uk. Robert is based at both our Chalfont St Giles office and our Stone office.

Contact us

To discuss trustee and executorship matters or to make an appointment with a member of our legal team
Tel: 01494 870075 (Chalfont office) or 01296 747151 (Stone office)

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Our accreditations

Our accreditations