Wills, Trusts and Probate Advice

Wills, Trusts and Probate Solicitors

Thinking about wills, trusts and probate can feel daunting. If you’re planning ahead or dealing with a loved one’s estate, putting plans in place now can make things easier to handle in the future.

Our wills, trusts and probate solicitors can help you make clear decisions to protect yourself and your loved ones. We can advise you on wills, trusts, probate, Inheritance Tax and Lasting Powers of Attorney. Get in touch today to learn more.

What can wills, trusts and probate solicitors help with?

Wills, trusts and probate solicitors help you plan what should happen to your estate in the future. They also help families deal with a person’s money, property and possessions after they have died.

In many cases, writing your will may be all that’s required. However, some people may need to make plans such as property ownership, business assets, Inheritance Tax planning or care arrangements, among others.

We’ll listen to your unique circumstances and explain which may best help you protect your interests.

Why should I make a will?

A will sets out who should inherit your estate after your death. It also lets you choose who is responsible for carrying out your wishes. It can cover many different scenarios, including:

• Deciding what happens to your money, property and possessions
• Appointing guardians for children under 18
• Choosing trusted executors
• Making gifts to charities.

If you die without a valid will (intestate), the law decides who inherits from your estate. For example, unmarried partners do not automatically inherit under the intestacy rules, even if they have lived together for many years. As such, making a will can give you peace of mind and help reduce the chances of disputes.

When should I update my will?

It’s sensible to review your will every few years, just to make sure everything reflects your wishes. You should also review it whenever something important changes in your life.

For instance, you may need to update your will if you:

• Get married, separate or divorced
• Have children or grandchildren
• Buy or sell a property
• Start or sell a business
• Want to change your executors
• Are looking to include or remove a beneficiary.

Many things, including marriage and separation, can all affect your existing arrangements. Our wills, trusts and probate solicitors can help you review your current will and whether it still properly reflects your wishes.

What happens if someone dies without a will?

If someone dies without a valid will, this is known as dying “intestate”. This means their estate will then be dealt with under the intestacy rules.

The intestacy rules set out in the Inheritance and Trustees’ Powers Act 2014 decide who can inherit what. Unfortunately, this can cause unwanted issues between loved ones and family members. For this reason, we’d always advise having a will in place to minimise disputes.

What is probate?

Probate is the legal process of dealing with someone’s estate after they have died. It usually involves working out what the person owned, while paying any debts or tax. The process ends by distributing the estate to the people entitled to inherit.

If there is a will, the people responsible for doing this are usually called executors. However, if there’s no will, the person dealing with the estate is usually called an administrator.

Some estates are straightforward. Others can be more complicated. This is particularly true where there is:

• Property
• Outstanding tax to pay
• Missing beneficiaries
• Business or overseas assets
• Contentious probate.

Do I need a solicitor for probate?

You don’t always need a solicitor for probate. If the estate is simple, you may be able to deal with it yourself. However, many probates are complex and may benefit from legal advice.

In particular, you may benefit from using a probate solicitor if the estate includes property or Inheritance Tax may be payable. Probate solicitors can advise if there is no will, or if the will is unclear. They may also be able to help with disputes between beneficiaries.

Our wills, trusts and probate solicitors can give you clear and balanced probate advice. If your situation is straightforward, we’ll tell you. Similarly, if there are issues, we can help you deal with them properly.

What is a trust?

A trust is a legal arrangement in which trustees look after assets on behalf of someone else. The people who benefit from the trust are called beneficiaries.

Trusts can be a useful way to protect money for children until they are older. They’re also used to provide for a vulnerable family member or manage how assets are passed on.

While helpful, trusts can also be complicated. For this reason, it’s important to get proper Inheritance Tax Planning advice before setting one up.

What is a lasting power of attorney?

A Lasting Power of Attorney (LPA) lets you choose someone to make decisions if you’re unable to make them yourself. There are two main types of LPA:

1. Property and Financial Affairs: This type of LPA covers decisions about money, bills, bank accounts and property.
2. Health and Welfare: A Health and Welfare LPA can make decisions about medical treatment, care and day-to-day welfare.

Arranging LPAs can be a practical way to protect yourself and your family during your lifetime. For this reason, many people arrange LPAs at the same time as making a will.

Without having LPAs in place, your loved ones may have to apply to the Court of Protection to make important decisions. This process can take time and bring additional stress.

Can a solicitor help executors and trustees?

You can seek legal advice if you are named as an executor or a trustee. After all, being named as an executor or trustee can bring many questions. Both roles carry legal duties, and it’s important to act with care and diligence.

In either case, our wills, trusts and probate solicitors can help you understand your responsibilities. They can cover what documents you need and how to deal with beneficiaries.

What if I have a dispute over a will, trust or estate?

Disputes over wills, trusts and estates can be very upsetting. This is particularly true when they put family relationships under strain at an already difficult time.

In general, disputes can arise in situations where:

• One or more parties believes a will is invalid
• An executor is not acting properly
• A beneficiary believes they have been treated unfairly

…and many others. Wherever possible, it’s usually preferable to resolve disputes without going to court. This may involve negotiation, mediation or another form of Alternative Dispute Resolution.

What happens at a wills, trusts and probate appointment?

If you decide to seek legal advice on wills, trusts and probate, your first appointment will be an opportunity to explain your circumstances. It’s also a chance to go over what you want to achieve through the process.

Depending on what you need help with, our wills, trusts and probate solicitors may ask about the following:

• Your family situation
• Property or properties
• Other assets
• Any existing will
• Executors or trustees you have in mind
• Tax concerns
• Concerns about future disagreements.

You don’t need to have everything prepared before speaking to us. If we need documents or further information, we’ll explain what to provide. Then, after reviewing your circumstances, we can explain your options, including likely costs and next steps.

Why choose Vincents’ wills, trusts and probate solicitors?

Dealing with wills, trusts and probate can be a stressful and uncertain time. At Vincents Solicitors, we understand that these issues are a legal process with strong personal feelings attached. That’s why our wills, trusts and probate solicitors will aim to reduce the stress with clear, practical advice.

We’re fully regulated by the SRA and will always be transparent about costs and timescales. We’ll explain your options in plain English and help you make decisions that are right for you and your family. Contact us today for an initial consultation.

Frequently asked questions

How much does it cost to make a will?

The cost of making a will depends on your personal circumstances. For example, a simple will usually costs less than one involving trusts or more complex arrangements.  Your solicitor should explain fees clearly before starting any work, so you know what to expect.

Can I write my own will?

You can write your own will. However, it can be easy to make mistakes. If the wording is unclear, or if the will is not signed and witnessed correctly, this can cause problems in the future. Using a solicitor helps make sure your will is legally valid.

How long does probate take?

Probate can take months or much longer, depending on the estate. It may take longer if there’s property to sell, Inheritance Tax to pay, missing beneficiaries, trusts, overseas assets or a dispute.

What’s the difference between a will and a trust?

A will explains what should happen to your estate after your death. A trust allows assets to be managed by trustees for the benefit of other people. You can create a trust during your lifetime or through your will. If in doubt, seeking legal advice can help you decide which is most suitable for your circumstances.

Do I need both a will and a lasting power of attorney?

A will deals with what happens after your death. A Lasting Power of Attorney helps during your lifetime if you lose the ability to make decisions yourself. Many people choose to have both to protect themselves and their families in both situations.

What happens if someone challenges a will?

If someone challenges a will, it may delay the probate process. This can create difficulties for executors and beneficiaries. The best approach will depend on the reason for the challenge and the evidence available. A wills, trusts and probate solicitor will be able to advise you on how to approach the situation.