Wills and Probate Solicitors
Expert Estate Planning and Administration
We handle matters requiring sensitivity and discretion. Whether you need a straightforward will, assistance with estate administration following bereavement, or representation in contentious probate proceedings, our will solicitors provide clear advice tailored to your circumstances.
Our Services
Wills
- Preparing wills
- Mirror wills for couples
- Reviewing and updating existing wills
- Tax-efficient will planning
- Trusts within wills
Probate and Estate Administration
- Applying for grants of probate
- Full estate administration services
- Collecting and distributing assets
- Inheritance tax returns
- Estate accounts preparation
Lasting Powers of Attorney
- Property and financial affairs LPAs
- Health and welfare LPAs
- Registration with Office of Public Guardian
Contentious Probate
- Challenging will validity
- Inheritance Act claims
- Defending estates against claims
- Executor disputes
Court of Protection
- Deputyship applications
- Statutory wills
- Decisions for those lacking capacity
Making a Will
A will directs how your estate distributes after death. It appoints executors to administer your estate, names guardians for minor children, and specifies beneficiaries.
Why a Will Matters
Without a valid will, intestacy rules determine distribution. These fixed statutory rules may not reflect your wishes:
- Spouses may inherit only part of your estate if you have children
- Unmarried partners inherit nothing
- Stepchildren without formal adoption receive nothing
- Specific gifts or charitable donations cannot be made
A properly drafted will ensures your estate passes according to your intentions.
What Makes a Valid Will
Valid wills require you to be at least 18, have mental capacity, make it voluntarily, and sign it before two independent witnesses who also sign.
Our will writing solicitors draft wills clearly to avoid ambiguity and ensure legal compliance. We advise on tax-efficient structures, trust provisions, and appointment of suitable executors and guardians.
We recommend reviewing your will after marriage, divorce, birth of children, or substantial changes in asset values. Marriage automatically revokes previous wills unless made in contemplation of that marriage.
Probate and Estate Administration
Probate grants legal authority to administer a deceased person's estate. Executors require this authority to access bank accounts, sell property, and distribute assets.
The Administration Process
Estate administration involves:
Valuing the Estate
We identify all assets and liabilities, obtain valuations, and calculate the estate value as at the date of death.
Managing Inheritance Tax
We determine what inheritance tax is due, complete necessary returns, claim available reliefs, and handle correspondence with HMRC.
Obtaining the Grant
We prepare the probate application with all supporting documents and submit it to the Probate Registry.
Collecting Assets
We contact financial institutions to collect assets and arrange property sales where required.
Settling Liabilities
We pay funeral expenses, outstanding debts, and administration costs from estate funds.
Distributing the Estate
We pay legacies, transfer assets to beneficiaries, and prepare detailed accounts.
Straightforward estates typically complete within six to nine months. Complex estates involving business interests, foreign property, or disputes take longer. We provide regular updates throughout the process.
Intestacy
Intestacy occurs when someone dies without a valid will. Statutory rules determine distribution according to a fixed hierarchy:
- Spouse and children: spouse receives personal possessions, £322,000, and half the remainder. Children share the other half.
- Spouse but no children: spouse inherits everything.
- Children but no spouse: children share everything equally.
- No spouse or children: estate passes to parents, then siblings, then more distant relatives in order of priority.
Unmarried partners receive nothing under intestacy rules. Stepchildren without formal adoption have no entitlement.
We administer intestate estates and advise families on their entitlements under the statutory rules.
Lasting Powers of Attorney
A lasting power of attorney (LPA) appoints someone to make decisions if you lose capacity through illness, injury, or dementia.
Property and Financial Affairs LPA
This authorizes attorneys to manage bank accounts, pay bills, sell property, and handle investments. You decide whether it takes effect immediately or only upon loss of capacity.
Health and Welfare LPA
This authorizes decisions about medical treatment, care arrangements, and where you live. It only takes effect after you lose capacity to make such decisions yourself.
You may appoint one attorney or multiple attorneys to act jointly, severally, or jointly for some decisions and severally for others. You may also appoint replacement attorneys.
LPAs require registration with the Office of the Public Guardian before use. We prepare LPAs, ensure proper execution, and handle registration.
Without an LPA, families must apply to the Court of Protection for deputyship - a more complex and costly process requiring ongoing court supervision.
Contentious Probate
Disputes arise over will validity, estate administration, or inheritance provision.
Challenging Will Validity
Wills may be challenged on grounds of:
- Lack of testamentary capacity
- Lack of knowledge and approval
- Undue influence
- Fraud or forgery
- Improper execution
Inheritance Act Claims
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to claim reasonable provision where the will or intestacy rules fail to provide adequately.
Eligible claimants include spouses, civil partners, cohabitants of two years or more, children, and anyone maintained by the deceased.
Claims must commence within six months of the grant. Courts consider the claimant's financial needs and resources, the estate size, obligations the deceased had, and reasons for the will's provisions.
Proprietary Estoppel
Claims arise where the deceased made promises about property or assets, the claimant relied on those promises detrimentally, and the deceased failed to honor them.
Our lawyers for probate represent both claimants pursuing inheritance disputes and executors or beneficiaries defending estates. We work toward resolution through negotiation where possible, proceeding to court proceedings where settlement cannot be reached.
Court of Protection
The Court of Protection makes decisions for individuals lacking mental capacity due to illness, injury, dementia, or disability.
Deputyship
Deputyship grants authority to make ongoing decisions for someone lacking capacity. Financial deputies manage bank accounts, pay bills, and make investment decisions. Health and welfare deputies make decisions about medical treatment and care.
Applications require medical evidence of incapacity, detailed financial information, and security bonds. Deputies must file annual reports with the Office of the Public Guardian.
We handle deputyship applications and advise deputies on their ongoing duties and responsibilities.
Trusts
Trusts separate legal ownership from beneficial enjoyment. They protect assets for vulnerable beneficiaries, provide for children until appropriate ages, and manage tax treatment of assets.
Life Interest Trusts
One person receives income or use during their lifetime, with capital passing to others on death. Common in second marriages where children from previous relationships exist.
Discretionary Trusts
Trustees have discretion over which beneficiaries receive income or capital and when. Useful where circumstances may change.
Bare Trusts
Assets are held for named beneficiaries who take control at age 18.
We advise on establishing trusts within wills or as separate lifetime arrangements and assist with trust administration.
International Estates
Estates involving foreign assets require consideration of which country's succession law applies, whether foreign grants are needed, and how international tax treaties affect liability.
We coordinate with foreign lawyers where estates include overseas property, bank accounts, or business interests, ensuring proper administration across multiple jurisdictions.
Contact Our Wills and Probate Solicitors
For advice on wills, estate administration, lasting powers of attorney, or inheritance disputes