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About Us


APS Legal & Associates is one of the most recognised and trusted brands in the Will Estate Planning and Estate Administration profession. As one of the largest and most influential members of the IPW (Institute of Professional Willwriters), and with over 30 years of experience and hundreds of qualified Legal consultants and members of staff across the country, our approach in a traditionally fragmented industry has allowed us to build a strong brand name with rapidly increasing recognition. We cover all of England.


We believe that providing legal services should be at the convenience of the client; not the convenience of solicitors or banks. We don’t expect you to visit us – we visit you in the comfort and privacy of your own home at a time convenient to you. And the services we provide are affordable and cost effective solutions to those alternatives offered by solicitors or banks.


We provide you with impartial advice and services, delivered in plain English and tailored to your individual needs. We will never pressure-sell and we will ensure that the service we provide fully complies with the law. Above all, we will treat every client with respect and provide personal attention from your first enquiry.

Our Services

The service that we offer provides a convenient and cost effective alternative to that offered by solicitors and banks.

  • Property Protection Trust
  • Inheritance Tax Planning
  • Estate Planning
  • Single & Mirror Wills
  • Children’s Trusts
  • Disabled Discretionary Trusts
  • Discretionary Trusts
  • Lasting Power of Attorney
  • Pre-paid Funeral Plans
  • Right of Residence
  • Declaration of Trust (in accordance with a conveyance)
  • Will Updates Parental Responsibility Agreements

Head Office: The Worksop Turbine, Shireoaks Triangle Business Park, Coach Close, Worksop, Nottinghamshire S81 8AP | APS Legal & Associates Ltd is a Member of the Institute of Professional Willwriters APS Legal & Associates Ltd complies with the TSI Approved IPW Code of Practice

Trusts

Having a Discretionary Trust in your Will means assets can be directed into it on your death for the potential benefit of any number of beneficiaries you choose.

 

Your estate can be paid in any amounts to any of the potential beneficiaries at the trustees’ discretion. This means that nobody has an absolute right to benefit from the trust, so this can be useful for example, where a beneficiary has an impending divorce (the trust may protect their inheritance from being part of a divorce settlement) or bankruptcy (the trust may protect their inheritance until such time as the bankrupt person has been discharged) or the beneficiary is in receipt of means-tested benefits (the trust can protect their inheritance from being assessed as part of their entitlement to benefits). In some cases a Disabled Discretionary Trust may be more appropriate.  

 

A more straightforward use for a Discretionary Trust could be where you may make future gifts to, for example your children, during your lifetime and so are unsure in what proportions you might want your estate to pass, to each of them on your death. Perhaps you would like to give your trustees flexibility to make those decisions at the time by taking into account a letter of wishes you might write to them. Another type of Discretionary Trust may be useful to mitigate inheritance tax where a couple are unmarried and do not have the more favourable tax position that married couples and civil partners do.

Business Property Trust

 

You may own a business that is eligible for an inheritance tax relief known as Business Property Relief, applicable to most types of trading or service businesses. Under some circumstances this relief may not be fully utilised, resulting in a much larger than necessary inheritance tax bill. A Business Property Trust is a type of discretionary trust aimed at avoiding this. However, more importantly those people with businesses virtually never plan for the passing on of their shares in their businesses, resulting in unforeseen consequences for the remaining co-owners as well as tax consequences.

 

APS Legal & Associates can provide expert specialist advice in this area.

 

Property Protection Trust are very useful if you are house-rich, but what if you also wanted to ensure your hard earned money passed to your children too, instead of going to any new partner of your surviving spouse or partner?

 

 

Lasting Powers of Attorney

 

These are documents that enable you to give legal authority to a person or persons who you trust, called Attorneys, to manage your affairs for you or make decisions on your behalf, when you are not in a position to do so yourself, for example following an accident, stroke or the onset of dementia.

 

There are two kinds of Lasting Powers of Attorney (LPA), one that deals with your Property & Financial Affairs and one that deals with your Health and Welfare. The former would enable your Attorneys to do things like draw your pension or pay your bills or sell your property on your behalf.

 

The latter would enable your Attorneys to make decisions related to your health and personal welfare, for example what sort of care you receive, but this type of LPA can only be used once you lose mental capacity. Both types of LPA must be registered by the Office of the Public Guardian, before they can be used by your Attorneys.

 

Although we all tend to think of Wills and Lasting Powers of Attorney documents as useful for later life it’s important to think what would happen now if you were unfortunate enough to have an accident or serious illness.

Standard Wills


It is important for everyone to have a professionally drafted Will, one that you can be certain will be legally valid when you die.


No matter how simple your affairs may seem or whatever age you are, a Will ensures that your wishes are set out clearly so that on your death your assets will go to the people you want them to go to. If you have young children you can also appoint Guardians in your Will to look after them should you die before they reach 18.


Although a standard Will might meet the needs of a small number of people, most would benefit from the more specialist advice and planning provided by APS Legal & Associates. This is because most people are not aware of the threats by Government and Local Authorities, or even certain family situations, to the assets that they have worked so hard to gain and which standard Wills may not protect against.


There are a number of Trusts that can be used either in your Will or set up during your lifetime to protect those assets.

What is Probate?

 

Probate is the estate administration process that takes place after a loved ones has passed away. It is the role of an Executor to administer the estate; but many people don’t understand what this involves.

 

What is the role of an Executor? An executor is responsible for handling the administration of an estate after a loved one has passed away. They must do this following the deceased wishes, as stated in the Will, and distribute the assets accordingly.

 

What is there is no appointed Executor?

 

In which case an administrator will be appointed.

 

What if there is no will?

 

Often this is a daunting task and many executors don’t know where to begin or how to do it in the correct way. Sometimes a loved one may pass away appointing a family member as their Executor, or they may sadly pass away without leaving a Will. In which case, the estate has to be dealt with in accordance with the law of intestacy. It is a worthwhile practice for your family to appoint a professional and an experienced firm to act on their behalf, to relieve the burden ofadministrating your estate, which is a time consuming and sometimescomplex exercise.

Please Note: As of Feb 2021 we are not offering Probate Services as part of APSLegal but we can refer you to someone who does.