Wills, Probate & Estate Services
Professionally drafted will under the Wills Act 1837. Appointment of executors, trustees, and guardians for children. Testamentary trusts and tax planning.
Obtaining the Grant of Probate or Letters of Administration. Inheritance Tax, collecting assets, paying debts, and distributing the estate to beneficiaries.
Property and financial affairs LPA and health and welfare LPA under the Mental Capacity Act 2005. Registered with the Office of the Public Guardian.
Challenging a will on grounds of lack of testamentary capacity, undue influence, fraud, or failure to comply with the Wills Act 1837. Caveats, standing searches, and probate litigation.
Claims for reasonable financial provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975. 6-month time limit from Grant of Probate.
Removing or replacing an executor who is failing in their duties. Passing of accounts, devastavit claims, and breach of fiduciary duty.
Breach of trust claims, trustee removal, and variation of trusts. Investment duty breaches, unauthorised distributions, and Saunders v Vautier applications.
Court of Protection applications for property and financial affairs deputyship where a person lacks mental capacity and has no registered LPA.
Dying Without a Will — The Intestacy Rules
If a person dies without a valid will, the Administration of Estates Act 1925 (as amended) determines who inherits. The rules do not reflect most people's wishes:
Inheritance Tax — Key Thresholds
Frequently Asked Questions
Do I need a solicitor to make a will?
You can draft your own will, but errors — in execution, in the description of assets, or in failing to account for all circumstances — commonly result in unintended consequences or invalid provisions. A solicitor ensures the will complies with the Wills Act 1837, reflects your intentions, is tax-efficient, and can withstand a challenge. The cost of a professionally drafted will is small compared to the legal and family costs of an invalid or disputed will.
Is probate always required?
Not always. Probate is not required where the estate is small (usually under £5,000, though this varies by institution), where assets are held jointly and pass by survivorship, or where the estate consists mainly of jointly owned property. Where a bank or other institution holds assets and requires a Grant before releasing them, probate is necessary. Your solicitor advises whether a Grant is required based on the specific assets in the estate.
What is the Inheritance Tax rate and when is it paid?
Inheritance Tax is charged at 40% on the taxable estate — the amount above the nil-rate band and any applicable residence nil-rate band. IHT must be paid to HMRC within 6 months of the end of the month of death; interest accrues after that. In practice, IHT often must be paid before the Grant of Probate is issued, which requires using estate funds, a bank's probate loan service, or the deceased's own account under a special HMRC arrangement. Your solicitor manages the IHT calculation and payment process.
Can a will be challenged after probate is granted?
Yes, but it becomes more difficult once the estate has been distributed. A caveat filed at the Probate Registry prevents a Grant from issuing while a challenge is under way. If a Grant has already been issued, it can be revoked — but the court is reluctant to do so if assets have already been distributed to third parties. Challenging a will or making an Inheritance Act claim should be done as promptly as possible after a death.
What is the difference between a will and a lasting power of attorney?
A will takes effect on death — it governs who inherits your estate. A lasting power of attorney (LPA) takes effect during your lifetime if you lose mental capacity — it appoints someone to manage your finances, property, or health and welfare decisions. Both are essential planning documents. Without an LPA, if you lose capacity, your family must apply to the Court of Protection for a deputyship order — a more expensive and slower process.