For individuals · Wills, trusts and probate
Planning ahead, and help when it matters
A well-made will and the right powers of attorney give the people you care about certainty. When someone has died, we can take on the practical and legal work of dealing with their estate.
Overview
Most people know they should make a will, and many keep putting it off. Once it is done, it is a real weight off. A will lets you choose who inherits, who looks after your estate and, if you have young children, who you would like to care for them. Without one, your estate passes under fixed rules that may not match your wishes, especially if you live with a partner you haven’t married.
Planning ahead also means thinking about what would happen if you couldn’t make decisions for yourself. A lasting power of attorney lets you choose people you trust to act for you. It has to be registered with the Office of the Public Guardian before it can be used, so it makes sense to put one in place while you are well.
When someone dies, their executors or family often face unfamiliar paperwork at a difficult time. We can guide you through probate or deal with the whole estate for you. Our articles on when to update your will and what happens during probate explain more.
When you might need us
- You don’t have a will, or your will was made before a marriage, separation or new child
- You want someone you trust to be able to manage your money or care decisions if you lose capacity
- You have been named as an executor and aren’t sure where to start
- A relative has died without a will and you need to know who can deal with the estate
- You want to provide for a child, a vulnerable relative or a second family through a trust
- You have concerns about how an estate is being administered
What we cover
Wills
We take time to understand your family and assets, then prepare a will that reflects your wishes and is signed and witnessed correctly. We also review older wills after life changes.
Lasting powers of attorney
There are two types: one for property and financial affairs, and one for health and welfare. We help you choose attorneys, prepare the documents and register them with the Office of the Public Guardian.
Trusts
Trusts can protect assets for children, support a vulnerable beneficiary or manage how an inheritance is passed on. We explain whether a trust suits your aims and help trustees understand their duties.
Probate and estate administration
We can apply for the grant of probate or letters of administration, collect in assets, settle debts and any tax due, and distribute the estate. You can hand us the whole process or just the parts you need help with.
Estates without a will
Where someone dies without a will, the intestacy rules decide who inherits and who can apply to deal with the estate. We explain how those rules apply to your family.
Deputyship
If someone has lost capacity without a lasting power of attorney in place, an application to the Court of Protection may be needed. We explain what that involves.
How we approach it
Understand your family
We ask about the people in your life and what matters to you, not only about your assets. Good planning starts with a clear picture.
Explain the choices
We set out the options in plain English, including where a simple approach is enough and where something more detailed may help.
Prepare with care
Documents are drafted carefully and checked with you before signing. We make sure formalities like witnessing and registration are handled properly.
Stay available
Circumstances change. We are here when you need to review your plans, and we will keep executors informed at each stage of an estate.
What you can expect from us
- Costs explained clearly before any work starts
- A named contact who will answer your questions
- Patient explanations, however many times you need them
- Regular updates on the progress of an estate
- Sensitive handling at a time that may be very hard
Who you will work with
Related insights
When should you update your will?
A will reflects your life at the moment you sign it, and life rarely stands still. This guide explains the events that usually mean a review is due, including one that can cancel a will altogether.
What happens during probate?
Probate is the legal and practical process of dealing with someone’s estate after they die. This guide sets out the main stages, from finding the will and valuing the estate to obtaining the grant, paying debts and tax, and distributing what is left.
Questions clients often ask
Does getting married affect my will?
In England and Wales, marriage or civil partnership usually revokes an existing will, unless the will was made with that marriage in mind. Divorce doesn’t revoke a will, but it changes how gifts to a former spouse are treated. Either way, it is sensible to review your will after a change in your relationship.
When can a lasting power of attorney be used?
A lasting power of attorney can only be used once it has been registered with the Office of the Public Guardian. A property and financial affairs LPA can, with your permission, be used while you still have capacity. A health and welfare LPA can only be used once you lack capacity to make the decision in question.
Is probate always needed?
Not always. Whether a grant is needed often depends on the value and type of assets and on the requirements of the banks or other organisations holding them. Property held in the sole name of the person who died will usually require a grant before it can be sold or transferred.
What does an executor have to do?
An executor is responsible for gathering in the estate, paying debts and any tax due, and distributing what remains in line with the will. It is a role with personal responsibility, so many executors choose to take advice or ask a solicitor to deal with some or all of it.
Can someone challenge a will?
Yes, in some circumstances. For example, some family members and dependants can apply for reasonable financial provision if they feel the will doesn’t provide for them, and there are strict time limits for doing so. We can explain the position if you are concerned about a possible challenge.
This page is general information about wills, trusts and probate in England and Wales, not legal advice, and what is right for you will depend on your individual circumstances. Harton & Vale Legal is a fictional firm created as a design concept, so nothing here is legal advice. About this concept.
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