Wills and Probate

Wills and Probate

Creating a will is one of the most important steps you can take to ensure your wishes are carried out after you pass away. Likewise, understanding the probate process can help you manage the legal and practical matters that arise following the death of a loved one. Understanding both processes can make things far clearer and give you peace of mind, whether you are planning ahead or handling the affairs of a loved one.

A will is a legal document that sets out how you would like your assets, such as property, money, and possessions, to be distributed after your death. It can also appoint guardians for any children under the age of 18 and specify any particular wishes you may have, such as funeral arrangements.

Without a valid will in place, your estate will be distributed according to the rules of intestacy, which may not reflect your true wishes. Creating a will gives you control over who inherits what and can help to avoid disagreements among family members later on. It is a common misconception that only older people need a will.

In truth, anyone who owns property, has savings, or has children should consider making one. A properly drafted will can prevent disputes, reduce stress for your loved ones, and ensure your affairs are handled as you intended. It is wise to review your will whenever major life changes occur, such as marriage, divorce, or the birth of children, to make sure it stays up to date. A solicitor can help you draft a clear, legally sound document that reflects your wishes accurately.

Probate is the legal process of dealing with someone’s estate after they have died. If the person left a will, it usually names one or more executors who are responsible for carrying out their wishes. The executor’s first step is often to apply for a document known as a Grant of Probate. This gives them the legal authority to gather the deceased’s assets, settle any debts, and distribute the estate in accordance with the will.

If there is no will, the process is slightly different. In this case, the person is said to have died ‘intestate’, and the law decides who inherits their estate. A close relative, usually a spouse, child, or parent, can apply for a Grant of Letters of Administration, which serves a similar purpose to a Grant of Probate. The rules of intestacy set out a strict order of who is entitled to inherit, which can lead to unintended outcomes if the deceased’s wishes were not properly documented.

Applying for probate involves several stages. The executor or administrator must first assess the value of the estate. This means identifying all the assets, such as bank accounts, property, investments, and personal belongings, as well as any outstanding debts. An inheritance tax form must be completed and submitted to HMRC, even if no tax is due. If inheritance tax is payable, some of it may need to be settled before the Grant of Probate can be issued.

Once the grant has been obtained, the executor can collect the assets, pay off any debts and liabilities, and distribute the estate to the beneficiaries named in the will. This may involve selling property, closing bank accounts, and dealing with utility companies and other organisations. Executors have a duty to act in the best interests of the estate and its beneficiaries and can be held personally liable if mistakes are made. For this reason, many people choose to instruct a solicitor to help with the probate process, especially if the estate is complex or disputed.

Not every estate needs to go through probate. If the estate is small, or if assets were jointly owned, it might be possible to deal with everything without it. However, most banks, building societies, and organisations will ask for a ‘grant of probate’ before allowing funds to be released.

Whether you are thinking about making a will or have been asked to deal with probate, seeking professional advice can save a great deal of time, stress, and uncertainty. Having a clear will in place and understanding the probate process helps to make a difficult time a little easier for everyone involved. Our wills and probate team combines expert knowledge with a down to earth approach, ensuring you always feels supported and informed.

If you would like to discuss your situation, call us today for a free initial consultation. We’re here to help.

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