Your local Wills & Probate Specialist

Based in Elburton, Plymouth

Offering Wills & Estate Planning, Probate and Estate Administration, Powers of Attorney

About us

With nearly 25 years in practice, Avalon Legal Consultancy are experienced, knowledgeable, and family friendly based in South West Devon.

  • Are you worried about inheritance and the implications this has on your estate; do you have an extended family or are you single, going through a divorce, are divorced and not changed your Will or in a civil partnership and have concerns about who to leave your estate to?

  • Are you worried about losing your capacity either mentally or physically and what implications that has on you and your loved ones?

  • Has somebody close to you died and you don’t know where to turn?

We offer a bespoke service offering Wills, Lasting & General Powers of Attorney, Deputyship, Estate Planning (and Financial Planning, Conveyancing and Divorce through our specially selected panel of Practitioners).

We have appointments to suit our clients whether it’s during the day, evening or weekend either face to face or using all the latest social media/meeting platforms.

Our Services

Wills

A will (also called a last will and testament) is a legal document that outlines your wishes regarding:

  • How your assets (like money, property, possessions) should be distributed after your death

  • Who should care for any minor children (if applicable)

  • Who should carry out your wishes — this person is called the executor

In simple terms:

A will lets you decide who gets what and who handles everything when you're gone.

Why is a will important?

  • Protects your loved ones – ensures your assets go to the right people

  • Appoints guardians – if you have children under 18

  • Avoids family disputes – clearly sets out your intentions

  • Speeds up the legal process – helps your executor settle your estate faster

  • Can help reduce taxes – with proper planning

What happens if you don’t have a will?

If you die without a will (called intestate), the law decides how your estate is divided. This might not reflect what you would’ve wanted — for example, unmarried partners may not receive anything automatically.

Probate

Probate is the legal process of administering a deceased person's estate. It involves proving the validity of their will (if they have one), appointing an executor (if not already done), and ensuring the deceased's debts are paid and assets are properly distributed according to their will or local laws.

Here’s how the probate process generally works:

  • Validation of the Will: If the deceased left a valid will, probate involves proving its authenticity in court. This usually includes submitting the will to the local probate court for approval.

  • Appointment of Executor: If the deceased named an executor in their will, that person is officially appointed by the court to handle the estate. If there’s no will (or no executor named), the court will appoint someone, typically a family member.

  • Inventory of Assets: The executor (or administrator) will take an inventory of the deceased's assets, including real estate, bank accounts, investments, personal property, and any debts owed to the estate.

  • Paying Debts and Taxes: Before any assets are distributed to beneficiaries, the executor will use estate funds to pay any debts, taxes, or other financial obligations the deceased had.

  • Distribution of Assets: After debts and taxes are paid, the remaining assets are distributed to the beneficiaries as specified in the will (or according to state laws if there’s no will).

  • Closing the Estate: Once everything is settled, the executor submits a final report to the court and the probate process is complete. This can take several months to a year or more, depending on the complexity of the estate.

Powers of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone (called an attorney) to make decisions on your behalf if you become unable to do so yourself due to illness, injury, or incapacity.

There are two main types of Lasting Power of Attorney:

1. Property and Financial Affairs LPA

This type of LPA lets your attorney make decisions about your finances and property. For example:

  • Managing bank accounts and investments

  • Paying bills and taxes

  • Selling property

  • Claiming benefits on your behalf

2. Health and Welfare LPA

This LPA lets your attorney make decisions about your healthcare and personal welfare. For example:

  • Choosing your medical treatment

  • Deciding where you live (e.g., nursing home or private care)

  • Giving consent for or refusing medical treatment

Why is it important?

  • Protection: If you lose the ability to make decisions (due to dementia, an accident, or other illness), the person you've appointed will have the authority to step in and act in your best interests.

  • Control: You get to decide who makes these decisions for you and what they can and can’t do, ensuring that the right person handles your affairs.

  • Avoiding Court Intervention: Without an LPA, if you become incapable, your family might have to apply to the court for permission to manage your affairs, which can be time-consuming, costly, and stressful.

    Is it the same as a Power of Attorney (POA)?

  • Not quite. A general Power of Attorney (POA) can be used while you're still mentally capable, and it typically covers financial or legal matters for a short period. Lasting Power of Attorney is more permanent and is specifically for cases when you become incapacitated.

Contact Us

We'd love to hear from you!

Whether you have questions, feedback, or need assistance, feel free to reach out to us.

We are here to help.