Wills & Probate

We cannot stress the importance of Will writing enough. Many people will put off Will writing thinking it is not something that needs to be done until old age. Sadly this is not always the case. Having a Will in place ensures that even if in the most tragic of circumstances, your loved ones are cared for and looked after.

A survey of more than 2,000 people by Royal London in 2017 revealed three in five adults have not written a Will. The shortfall is even more pronounced amount co-habiting couples, with three-quarters admitting they do not have a Will.

The possessions you cherish and wealth you have built up by working so hard over the years should be left to those people you love the most; those who have made the biggest difference in your life.

Without a Will, you are leaving such an important decision to chance. Our specialist, friendly solicitors provide a Will writing service which ensures your exact wishes become a reality.

Without a Will in place, you risk:

Your spouse not inheriting as much as you think
Your estate being controlled by someone you would not have wished
Your children being looked after by someone inappropriate
Any specific funeral wishes being ignored
If unmarried, your partner not inheriting
Children from another relationship not being provided for
Paying considerable inheritance tax
Jointly held properties passing to a co-owner, rather than family

There are many people who now offer Will writing services even though they are not qualified legal advisors. Use a solicitor to prepare your Will instead and make sure it is legally binding. The cost is often similar, but the peace of mind will be priceless. Don’t leave anything to chance!

Probate

When someone dies, in order to deal with their Estate (e.g., obtain access to their Bank Accounts, sell assets such as their house, cash in life assurance polices, sell shares and distribute their estate to those who are entitled), someone will need to go through the process of obtaining a “Grant of Representation” or as it is commonly known “Probate”. This can be a difficult and time consuming process if handled incorrectly especially given the declarations that have to be given to the Probate Court and the HM Revenue & Customs and the penalties if those declarations are wrong. Whether or not Tax has to be paid, certain detailed and complicated Tax forms have to be completed as well as the main application to the Probate Registry.

There can be so many questions such as:

Where do I start?
Is the Will valid?
I can’t find a Will
If there is no Will, how do we know who is entitled to what?
I am an Executor; what must I do?
What is Probate and do we need it?
Who pays the Deceased’s debts?
How do I deal with the Deceased’s property and savings?
Who pays the funeral bill?
Does Tax have to be paid?
Can I lessen the amount of tax to be paid?
The Deceased set up a Trust in their Will. What should I do about that?
I don't think the Will is right or what the Deceased wanted?
The Will does not make sense and we cannot agree who should have what
The Will has not been signed by the Deceased or been properly witnessed
I don't think the Deceased knew what they were doing when they made the Will because of their mental state at the time. What can I do about that?
I think the Deceased was forced into making the Will in the terms they did because of undue influence from another. What can I do about it?
It is not right that certain people should be entitled to a share of the Estate; they hadn't seen or cared for the Deceased for years. What is their position?
I should have been left more
The Executors will not let us see the Will
The Executors will not talk to us

We can help you with these questions and guide you through what is often the maze of applying for Probate and dealing with an Estate and its Administration.