Wills And Probate
As Probate Solicitors in London we can help you with the following legal matters across the capital.
Making a Will
By making a will you can decide what happens to your property and possessions after your death. Although you do not have to make one by law, it is the best way to make sure your estate is passed on to family and friends exactly as you wish. If you die without a will, your assets may be distributed according to the law rather than your wishes.
Why is it important to make a will
A will sets out who is to benefit from your property and possessions (your estate) after your death. There are many good reasons to make a will:
you can decide how your assets are shared – if you don’t have a will, the law says who gets what
if you’re an unmarried couple (whether or not it’s a same-sex relationship), you can make sure your partner is provided for
if you’re divorced, you can decide whether to leave anything to your former partner
you can make sure you don’t pay more Inheritance Tax than necessary
Preparing your will
Although it is possible to write a will by yourself, it is advisable to use a solicitor as there are various legal formalities you need to follow to make sure that your will is valid. You may also need legal advice for more complicated matters. A probate solicitor can also advise you about how Inheritance Tax affects you.
A solicitor may be able to visit you in your own home, care home or hospital.
The cost of writing a will can vary between solicitors and will depend on how complicated your affairs may be and the experience of the solicitor.
What is Probate
‘Probate’ is a term commonly used when talking about applying for the right to deal with a deceased person’s affairs. It’s sometimes called ‘administering the estate’. This page contains information about what to expect if a loved one’s estate is in probate.
If the person who has died leaves a will
In this case one or more ‘executors’ may be named in the will to deal with the person’s affairs after their death. The executor applies for a ‘grant of probate’ from a section of the court knows as the probate registry. The grant is a legal document which confirms that the executor has the authority to deal with the deceased person’s assets (property, money and possessions). They can use it to show they have the right to access funds, sort out finances, and collect and share out the deceased person’s assets as set out in the will.
If the person who has died didn’t leave a will
If there is no will, a close relative of the deceased can apply to the probate registry to deal with the estate. In this case they apply for a ‘grant of letters of administration’. If the grant is given, they are known as ‘administrators’ of the estate. Like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.
In some cases, for example, where the person who benefits is a child, the law states that more than one person must act as the administrator.