Wills and Probate

What should you consider when making a Will? Well, a Will sets out what you want to happen to your assets and possessions (your “estate”) after you have died. This is particularly important if you have children or other family members who are financially dependent on you, or if you want to make sure that something is left to someone other than your next of kin.

Making a Will is also a fundamental part of estate planning and can assist in reducing the amount of Inheritance Tax that could be payable on what you leave behind.

If you have younger children, your Will can say who you want to be responsible for them if you die (their “Guardians”).

Your Will also specifies who you want to look after your estate and make sure the instructions in your Will are carried out (your “Executors”).

You should consider making a Will if you have money or property that you want to leave to someone, or you want to make arrangements for who should care for your children if you die.

Significant life events are also a good time to think about making a Will or updating an existing Will.

Some of the reasons people tell us they are thinking about making a Will are when:

• buying a property
• getting married
• separating or getting divorced
• moving in with a partner
• inheriting money
• they have children from a previous relationship
• they have concerns about Inheritance Tax
• Own a business
• Simply want to make sure they have control over what happens to their estate when they die.

These are just some reasons why people tell us they choose to make a Will.

There are lots of things to consider, though, which is why we offer a free initial consultation. During your consultation with one of our specialist Wills solicitors, we’ll discuss your circumstances, whether you need to make a Will and, if so, what type of Will is suitable for you.

Making a Will need not be difficult. However, it is very important that lots of little (but often crucial) details are taken care of.

Think of it like going for an eye test. Your optician is a highly trained specialist and will be looking at lots of little details that you are often not even aware of. But they are taking all of them into consideration when deciding if you should have glasses and what the strength and prescription should be and making sure that your new glasses work for you. You are very unlikely to be able to do all of that for yourself and the same applies when making a Will.

We have created a simple process so that making a Will needn’t be difficult but makes sure that all the little details are taken care of.

We offer a free initial consultation. When you have made your appointment, we will send out a helpful guide to the things you need to think about and space to make a note of your questions, to bring to your initial consultation.

At your consultation, we’ll discuss your individual circumstances and why you’re thinking about making a Will and tell you whether we think you need to make (or update) a Will.

If you decide to go ahead, we will make sure that your Will is made so that all of the little details are taken care of, so that your instructions are clear when you die and that the risk of your Will being challenged after you have died is minimised.

As an Executor is responsible for dealing with your estate after your death it is an important decision for you to make.

An Executor should be someone you trust and who has the skills to handle the tasks of dealing with your estate.

To arrive at your decision when making a Will, a good starting point is to consider what an Executor will need to do.

They must establish what you owned and owed at the date of your death. They will also need to understand and consider the Inheritance Tax implications, determine whether it is necessary to obtain a Grant of Probate, complete an Inheritance Tax Return or the relevant statutory statement to HMRC, apply to the Probate Registry to obtain a Grant of Probate, settle any debts and expenses, close bank accounts and distribute your assets as set out in your Will.

In most circumstances we recommend that two Executors are appointed when you make a Will, as this covers the situation where one of them has died before you or is unable to deal with Will for any reason. Often, they will be family members or close friends, and often they will choose to instruct specialist probate solicitors such as us to act for them to deal with the Will for them, to make sure that the Will is properly administered.

The most important thing to consider when making a Will is can the person (or people) you are thinking of appointing as your Executors is whether they will in the future be able to handle the responsibility of making sure that all of the tasks involved in dealing with your estate. If you are appointing more than one Executor, as we would usually recommend, you should also be confident that they will be capable of working together once you are no longer around.

If you are an Executor and need assistance with administering a Will, have a read of our “What is the role of an Executor in my Will?” FAQ.

If you need help to deal with a Will, we are specialist probate solicitors and can assist with all the arrangements, including Inheritance Tax, property sales, pensions, shares, bank accounts, unpaid bills, business interests, or claims against the estate.

Just get in touch for an initial chat and we will be happy to discuss it with you and to help you decide what your next steps should be.

It is possible for a named Executor to die before you. If you named more than one Executor when making a Will, the remaining Executors will continue their duties outlined in your Will. Or you may choose to appoint a reserve Executor when you make a Will who takes on the role of Executor if an Executor is unable or unwilling to act.

If there is only one Executor and they die, or if all the Executors die before you, the order in which others can administer the Will is usually:

• A trustee of the residuary estate
• A residuary beneficiary
• A personal representative of a residuary beneficiary
• A legatee (a person who receive a legacy) or creditor of the deceased
• A personal representative of the legatee or creditor of the deceased

We can advise on this in further detail, and taking account of the specific circumstances, if required.

It’s important therefore to carefully consider all eventualities when appointing Executors. For example, what would happen if they were unable to act? This might not be due to death; they might be incapacitated, have moved away, or may not wish to act. That’s why having more than one Executor is advised.

Wills are private documents, and usually, only the testator (the person who has made the Will) is legally entitled to see the Will before their death.

In England and Wales, only the Executors are legally entitled to see the Will after death before Probate is granted.

After a Grant of Probate has been issued, anyone can apply to the Probate Registry for a copy of the Will. If, however, a Grant of Probate has not been applied for, a Will is not given to the Probate Registry and does not become a public document.

If you’re thinking, how do I change my Will? You have one of two options. You can either make a Will (a new Will) or add a codicil to an existing Will.

A Codicil is a separate legal document from the Will itself that alters part of an existing Will without changing the rest of the Will.

For example, you may choose to add a codicil if you want to add new family members or leave a gift to charity.

However, with the complications that can arise from a Codicil and with the cost of making a Codicil being not much less than that of making a Will, Codicils are becoming increasingly uncommon. In most situations, it is better to simply have a new Will written so that all your wishes are contained within one single document.

If you’re in two minds about what to do, please give us a call. We will happily discuss your requirements during an initial free consultation with one of our specialist Wills solicitors.