Wills, Probate & Trusts LAW GUIDES

Revoking a Will

A will is a legal document that communicates your wishes for how you would like your estate to be divided, distributed and managed after your death, as well as establishing the care of any children that...

Things to Consider Before Making a Will

Making a will can be a complex and daunting undertaking and many people feel overwhelmed by the considerations and inclusions that are required. In the majority of circumstances, individuals who intend...

Lasting Power of Attorney

The unfortunate possibility of not being able to manage your own finances and affairs is a consideration that ought to be made by all. Although the thought of not being able to maintain independent self-management...

Dying Without a Will – The Rules of Intestacy

Anyone who dies without leaving a will, allows the law to dictate how their estate is divided. A person who dies without leaving a will is referred to as an intestate person. This may result in property...

Storing a Will - What are the Options?

Writing a will is likely to be one of the most important considerations made during a person's life, but if that legally binding document cannot be located following their death, it is effectively useless. In order for the will to be effective, the executor...

How long after a person dies will beneficiaries be notified?

How long it takes to notify a beneficiary after the death of a benefactor will vary from case to case. If will depend on whether there is a valid Will or if the person has died intestate, and if Probate is required. Under UK law, there is no set timeframe...

Choosing an Executor for Your Will

The nominated person that has the responsibility of managing your property and estate when you die is referred to as your ‘executor'. The executor will follow instructions that are set by you to...

Including Your Funeral Wishes in Your Will

Wills are the only formal and legal way to ensure that your last wishes are honoured. Aside from the obvious dividing of the Estate, nominating beneficiaries and an Executor to oversee the Will, and appointing Guardians to care for minors, you could...

How to Value an Estate for Probate

An executor or personal representative of a will is required to arrange valuations of the deceased person's estate. The valuation of an estate is needed for an application for probate to be made. The valuation will also be required for capital gains...

Explaining the Different Types of Trusts

When it comes to trusts, there are several different types to choose from. Your individual needs and circumstances will determine which is the most suitable type of trust for you. The following guide...

Trust Wills Explained

Trust Wills are legal ways to further increase the protection of assets that are left to others in a testator's will. A Trust is a legal structure which can be included as part of your will and can offer...

What Will Happen to My Business if I Die?

If you are a business owner, you have doubtlessly shed a lot of sweat and tears into the fruits of your labour and would either like to leave a legacy behind or sell your business or shares to make provision for a cushy retirement. However, what happens...

Beginners Guide to Probate

Probate is the term used that refers to the process of managing the assets, money and final wishes of a person following their death. In effect, probate serves to validate the contents of a will through...

What is a Deed of Variation?

A Deed of Variation is a legal document that allows a beneficiary to pass on their entitlement to the contents of a person's will to somebody else. This means that the initial beneficiary is able to redirect...

Making a Dependency Claim in an Inheritance Dispute

If you received financial support from a person who has died and there were no provisions made for you in their will, you may be able to make a dependency claim for regular payments or a lump sum. This...

Guide to Inheritance Tax

Inheritance tax (IHT) is a tax on the possessions or money a person leaves behind when he or she dies. While a certain amount can be passed on tax-free, also known as the nil rate band or the tax free...

The Dangers of Making a DIY Will

Drawing up a Will is your only security in ensuring that your savings and assets are divided according to your final wishes. Many people do not understand the implications of not drafting a will – a legally binding Will at that, falsely assuming...

Reducing Inheritance Tax Liability with Gifts

At present, if a person's estate is valued in excess of £325,000, they will be obliged to pay inheritance tax on any amount above this value. The current rate of inheritance tax is 40% and this...

Leaving Money to Charity in Your Will

You are free to nominate any beneficiary in your Will, including charities, as long as you make adequate provisions for your dependents as well. Donating a portion of your estate to a charity leaves a lasting legacy, helps to provide funding for a good...

Being an Executor or Administrator of a Will

A will is made to ensure that the testator (the writer of the will) can detail how and where their assets should be distributed in the event of their death. The executor of the will has the duty of carrying...

How does marriage or divorce affect your Will?

The UK sees a large number of marriages or unions, and unfortunately, a proportional amount of separations. At the time of either marriage or divorce, people hardly consider what happens to an existing Will, and understandably so. However, it is important...

Probate Offices - Find Your Local Probate Registry

Probate offices, or probate registries as they are officially known, are branches of the high court that help to ensure the administration of a deceased person's estate is carried out in accordance with...

What Will Happen to My Pets if I Die?

Not too long ago, asking a solicitor for advice to include your pet in your Estate would have earned you a death stare. However, the UK is a notoriously pet-loving country where pet lovers consider their furry counterparts as family. With that in mind,...

Disputing or Contesting a Will

Wills are made in order for a person to communicate their wishes for the distribution and management of their estate and the care of any young children in the event of their death. In some instances, the contents of a will may seem outdated, irrelevant...

How long does probate take?

When it comes to probate there are many variables, so how long probate takes to complete will vary considerably from case to case. The vast majority of beneficiaries of Estates in England and Wales should...

Trustees' Duties and Responsibilities Explained

Arranging a trust is an important activity that includes thorough planning and careful execution. Before appointing individuals in specific roles such as Trustees, it is imperative to have a detailed...

10 Reasons Why You Should Make a Will

Wills might not be the most popular or casual topic, but that is no reason to neglect their importance and postpone making them. Unlike other legal documents that might not even be necessary during one's...

The Options for Making a Will

In order to specify how your estate should be distributed upon your death, it is vital that you make a will. A valid will is a legal document that sets out how your young children will be cared for, who...

A Beginner's Guide to Trusts

A trust is a legal document between a settlor and trustees, where the trustees hold assets that previously belonged to the settlor. The trustees then use these assets to benefit one or multiple beneficiaries....