Planning for the future can feel daunting, but it is one of the most important steps you can take to protect yourself and those you care about. Wills, trusts, and probate are not just legal processes, they are essential tools to make your wishes clear, provide security for your loved ones, and help avoid unnecessary stress at an already difficult time.
At Clapham & Collinge, our experienced solicitors have been supporting families across Norfolk for over 70 years. We pride ourselves on delivering clear, practical advice and handling every case with care and sensitivity.
What is a will and why do you need one?
A will is a legally binding document that sets out what you want to happen to your money, property, and possessions (often referred to as ‘your estate’) after you pass away. Despite common misconceptions, a will is not just for those with large estates. Even if you do not own much, making a will is strongly advised, as without one, the law decides how your estate is distributed under the rules of intestacy (prioritising spouses, children and grandchildren). This can lead to outcomes that may not align with your wishes.
The benefits of having a will are significant. It ensures your wishes are respected, reduces the risk of family disputes, and allows you to appoint guardians for your children. For a will to be valid, it must be correctly drafted and signed by you in the presence of witnesses. Working with a solicitor provides peace of mind that your will is legally sound and reflects your personal circumstances.
At Clapham & Collinge, we understand that no two families are alike. We take the time to get to know your situation and tailor each will to ensure your wishes are accurately recorded and legally enforceable.
Understanding trusts
A trust is a legal arrangement where assets are managed by trustees on behalf of beneficiaries. Trusts can be a valuable way to protect assets, provide for vulnerable relatives, or manage wealth across generations. They also have potential tax benefits and can help ensure your estate is passed on in the way you intend.
Trusts can be a highly efficient tool to leave assets to beneficiaries, but it is a complex area and our specialist lawyers will be able to guide you through the process.
There are several types of trusts, each serving different purposes. Here are some of the most common:
Lifetime Interest in Possession Trusts
In the simplest form, this type of trust is one where the trustees are to pay trust income or benefit a particular beneficiary called the “life tenant” for their lifetime and after the life tenants’ death, the capital is paid to the remainder beneficiaries. This type of trust is very useful for second marriages or for asset protection.
This type of trust is usually created by a testator in a will and comes into effect on death.
This type of trust may have inheritance tax complexities, so it is always better to seek expert advice.
Discretionary trusts
A discretionary trust allows the trustees to pay the income and capital of the trust to one or more of a class of beneficiaries as the trustees in their absolute discretion think fit, providing flexibility but requiring careful planning.
Bare Trusts
This is a type of trust where the trustees hold property or assets on trust for one or more beneficiaries absolutely. This type of trust is where the person creating the trust called the settlor, wishes to make an absolute gift to a beneficiary but continue to manage the trust for example, a child who is incapable of holding a legal title to property.
There are certain tax advantages and the person making the gift/creating the trust is making a potentially exempt transfer (PET).
Trusts can be complex, but our specialist solicitors make them accessible. At Clapham & Collinge, we explain your options clearly and guide you through every stage, ensuring the trust is structured correctly for your individual needs.
What is probate?
Probate is the legal process of dealing with someone’s estate after they pass away. This involves confirming that a will is valid, applying for the Grant of Probate, gathering the deceased’s assets, paying debts, and distributing inheritance to beneficiaries.
Whether probate is required depends on the nature of the estate. It is typically necessary if the deceased owned high-value assets, such as property, or held sole ownership of accounts.
The probate process can be daunting, particularly at a time of grief. Our probate solicitors provide compassionate, efficient support to help families navigate the process. From managing paperwork and communicating with financial institutions to keeping you updated at every step, we ensure the estate is handled fairly, legally, and with care.
How Clapham & Collinge can help
With over 70 years of experience, we have built a reputation for providing clear, trusted advice across wills, trusts, and probate. Our team combines technical expertise with a friendly, approachable manner, helping to make complex legal processes easier to understand.
We are proud to serve individuals and families across Norfolk, with offices in Norwich, North Walsham, and Sheringham. By bringing together specialists in private client law with expertise in related areas such as property and family law, we offer a complete service to support you and your loved ones.
Why planning ahead matters
Planning for the future isn’t just something to consider later in life. Putting arrangements in place early can protect loved ones, avoid disputes, and provide lasting peace of mind. Whether you need a will, advice on trusts, or support with probate, our expert solicitors are here to help you make informed decisions.
Even if you’re unsure what you need, we offer confidential consultations to explore your options and provide tailored guidance.
If you’d like to protect your future and that of your loved ones, contact Clapham & Collinge today. With approachable solicitors and convenient offices in Norwich, Sheringham, and North Walsham, we are here to give you the clarity and confidence you need.
Norwich
Tel: 01603 693500
Sheringham
Tel: 01263 823398
North Walsham
Tel: 01692 660230