London
4th Floor, Silverstream House
45 Fitzroy Street, Fitzrovia
London
W1T 6EB
+0208 19 13 495
Cheltenham
The Limes,
Bayshill Road,
Cheltenham
Gl50 3AW
+0330 223 6713

Wills & LPA

Wills & Lasting Powers of Attorney: Estate Planning That Works as Hard as You Do

Your estate is more than a list of assets. It is the result of years of work, considered decisions, and relationships that matter. When the time comes to put plans in place, you deserve advice that reflects that — not a standard template.

At Fresh Law, we take a different approach to Wills and Lasting Powers of Attorney (LPAs). We take the time to understand your circumstances fully before we put pen to paper, because good estate planning is not about completing forms — it is about protecting what you have built and making sure the right people are in control when it matters most.

Why Estate Planning Deserves More Than a Standard Service

Most people know they should have a Will. Fewer realise how much complexity can sit behind even a straightforward family situation — and how quickly that complexity grows when a business is involved.

Without a valid Will, the law decides how your estate is distributed. Without LPAs in place, the people closest to you may have no legal authority to manage your affairs if you lose capacity, even temporarily. The consequences can be financially and emotionally devastating.

Planning ahead gives you control. It protects your family. And for business owners, it can be the difference between continuity and crisis.

Our Approach: Tailored, Thorough, and Genuinely Personal

We work closely with individuals, families, and family business owners across the UK to create estate plans that are built around their actual lives — not a one-size-fits-all checklist.

When you come to us, we start with a conversation. We want to understand:

  • Your family structure and any sensitivities around it
  • Your business interests, shareholdings, and co-ownership arrangements
  • Your property — residential, commercial, or investment
  • Your priorities for the people and organisations you want to benefit
  • Your wishes around capacity, healthcare decisions, and financial management

Only once we understand the full picture do we advise on structure, drafting, and strategy.

Wills: Protecting What You Have Built

A well-drafted Will does far more than divide your estate. It gives clear instructions, reduces the risk of disputes, and can be structured to minimise tax exposure and protect assets for future generations.

What Your Will Can Cover

  • Appointment of executors you trust to carry out your wishes
  • Specific gifts of property, business interests, or personal belongings
  • Trusts to protect assets for children, vulnerable beneficiaries, or future generations
  • Guardianship provisions for minor children
  • Inheritance Tax planning considerations where relevant
  • Business succession provisions and coordination with shareholders’ agreements

Family Businesses and Complex Structures

This is where many standard Will-writing services fall short. If you hold shares in a trading company, own property through a structure, or are in a partnership, your Will needs to work in tandem with your business arrangements — not against them.

We regularly advise clients with:

  • Shareholdings in private limited companies and family holding structures
  • Partnership and LLP interests, including succession and buyout provisions
  • Commercial and residential property portfolios, including jointly held assets
  • Agricultural land and estates with specific relief considerations
  • Intergenerational planning where business assets will pass to the next generation
  • We work together with a team of trusted financial and tax planning advisers to assist you 

Getting this wrong can trigger unintended tax consequences, disrupt business continuity, or create disputes between family members and co-owners. Getting it right requires a team that understands both the personal and commercial dimensions of your estate.

Lasting Powers of Attorney: Staying in Control if the Unexpected Happens

An LPA is a legal document that authorises someone you trust — your attorney — to make decisions on your behalf if you lose mental capacity, or simply when you need support.

There are two types:

  • Property and Financial Affairs LPA — covers decisions about your bank accounts, property, investments, and business interests.
  • Health and Welfare LPA — covers decisions about your medical care, living arrangements, and day-to-day personal welfare.

Both must be registered with the Office of the Public Guardian before they can be used. The process takes time, which is why acting now — before you need it — is essential.

Why LPAs Matter Even More for Business Owners

If you are a director, partner, or key decision-maker in a business, losing capacity without an LPA in place can have serious operational consequences. Contracts may stall. Bank accounts may become inaccessible. Decisions that need to be made simply cannot be.

A Property and Financial Affairs LPA can be drafted to address your business interests specifically, and we will advise you on how it interacts with any existing shareholders’ agreements, partnership deeds, or company articles.

Who We Work With

Our clients include:

  • Family business owners navigating the complexity of keeping a business intact across generations
  • Property investors and landlords with portfolios held personally or through corporate structures
  • Professionals and high-net-worth individuals with diverse asset bases and inheritance tax considerations
  • Couples and families who want clarity, fairness, and protection built into their planning
  • Executors and trustees who need ongoing support after a death

Whether your situation is straightforward or genuinely complex, we give you the same level of care and attention.

Frequently Asked Questions

Do I need a legal adviser to write my Will?

You are not legally required to use a lawyer, but for anything beyond a very simple estate — and especially where a business or property is involved — professional advice is strongly recommended. Errors or ambiguities in a Will can be costly to resolve and cannot always be corrected after the event.

How long does it take to put a Will and LPAs in place?

Timescales vary depending on the complexity of your estate and how quickly information is gathered. We aim to progress matters efficiently, and we will give you a clear indication of timescale once we understand your situation.

What happens if I already have a Will?

Existing Wills should be reviewed regularly, particularly after significant life events — marriage, divorce, the birth of children, changes in business ownership, or significant shifts in your asset base. We are happy to review an existing Will and advise on whether it remains fit for purpose.

Can my LPA cover my business interests?

A Property and Financial Affairs LPA can give your attorney authority over business-related matters, subject to the terms of any applicable business agreements. We will advise you on this carefully and flag any conflicts or gaps that need addressing.

What if I lose capacity before I have an LPA in place?

If you have not made an LPA and lose mental capacity, those close to you would need to apply to the Court of Protection to be appointed as a deputy. This process is significantly more time-consuming, more expensive, and less certain than having an LPA in place from the outset.

Start the Conversation

Estate planning is not something to put off. The right time to act is before circumstances make it urgent.

We offer clear, pragmatic advice rooted in a genuine understanding of your situation — personal, family, and commercial. Whether you are starting from scratch or revisiting existing arrangements, we are here to help you get it right.

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