Wills and Probate

Wills

We recommend that everyone should make a will as the effects of dying without one, known as Intestacy, can be unpredictable and often result in your hard-earned assets being passed onto people you would prefer not to receive them.  This is particularly so with unmarried couples, second marriages and step families who do not automatically benefit from the Intestacy rules.

Drafting a Will can often be complex and for this reason we do not recommend DIY Will kits or non-regulated Will Writing firms. One error in the drafting or execution of the Will can lead to quite unexpected, often devastating outcomes, rendering family members homeless without any assets. Unfortunately we see more and more cases where bereaved people have to fight for a share of their deceased loved one’s estate.

Reviewing a Will is equally as important and we recommend that a Will is reviewed every couple of years or whenever there is a change in your family circumstances, to ensure that it remains appropriate.

Probate

Probate is the process of dealing with someone’s property, money and wishes when they die.  If you have been named as the executor of a loved one’s Will, or if they have died without leaving a Will, we can help you manage the process and take much of the stress, confusion and hard work out of the equation.

Our probate lawyers can manage the entire probate process, including obtaining a Grant of Probate or Letters of Administration, dealing with property and other assets that are part of the estate and handling inheritance tax. We tailor our level of help to your needs, to make dealing with probate as painless as possible.

Inheritance Tax

There is normally no Inheritance Tax to pay if either:

  • The value of the estate is below the £325,000 threshold
  • you leave everything to your spouse or civil partner, a charity or a community amateur sports club

In addition. If you leave your home to your children (including adopted, foster or stepchildren) or grandchildren, your threshold will increase to £450,000.

If you are married or in a civil partnership and your estate is worth less than your threshold, any unused threshold can be added to your partner’s threshold when you die. This means their threshold can be as much as £850,000.