Wills, Trusts, Tax and Estate Solicitors

Making a will is key to ensuring that your wealth is distributed as you wish upon your death. If you die without making a will then intestacy rules apply, which will dictate how your money, property or possessions will be allocated (which may not be the way that you would have wished your assets to be distributed).

It’s important for unmarried couples to make a will, as they cannot inherit from each other unless there is a will in place. Also, if children are involved, a will is important to ensure that arrangements can be made for them if either one, or both, parents die.

Read more about making a will here.

Although you do not need to use a solicitor to help you draw up a will and make it legally binding, it is advisable to use a solicitor, or at least have a solicitor check a will you have drawn up, to make sure it will have the effect you intend it to have.

It’s particularly advisable to use a solicitor if you own a property with someone you are not married to (or in a civil partnership with), or there are several family members who may make a claim on your estate following your death, such as children from a previous marriage.

Although you cannot amend a will after it’s been signed and witnessed, you can make minor changes to a will by making an official alteration called a codicil. This must be signed and witnessed in the same way as a will.

However, if you wish to make any major changes (such as getting married, divorced or having children) then a new will should be made instead. This new will will revoke all previous wills and codicils, and you should destroy all original copies of the previous will.

The role of a probate solicitor (sometimes called an estate administration solicitor) is to support the executors in dealing with all of the procedural requirements involved in administering an estate, such as advising on any problems that arise, ensuring all applicable tax is paid and the estate accounts are completed correctly.

For example, making sure the right tax is paid, any problems are identified and resolved and all accounts are handled with full legal compliance.

Read more about how our estate administration solicitors can help.

Although you don’t need an estate or probate solicitor to can deal with the estate administration or probate application, we do advise that you at least seek legal advice as the process can be hugely time consuming and complex.

As executors and administrators are legally responsible for administrating the estate correctly (including paying appropriate tax and filing paperwork and accounts), it is best to seek support from someone who understands the legal jargon and can guide you in the right direction.