Wills and Probate legal services

Under English law, we have testimonial freedom to leave our estates to whomever we please.  However in recent years contesting a will has become a national pastime, highlighting the need for people to take proper advice and have their wills drafted professionally.  If you do not have a will the Rules of  Intestacy apply to your estate and this means that those you care about may not benefit at all.  All these potentially heartbreaking issues can be avoided by drafting a legally binding will.  In times where more and more people embark on second or third relationships with children involved, having a carefully considered will is particuarly important, especially as if you are married, without wills, and something happens to both of you the youngest is deemed to have survived the older party and your estates will pass as such.  Taking the time to make a will and generally considering your estate planning is a small price to pay for peace of mind and can also mitigate inheritance tax.

Click here to read ten tips on will writing.
Click here to complete a will questionnaire.
Click here to learn about Living Wills.
Click read a glossary of terms.
Click view a list of Frequently Asked Questions.

Probate

A Grant of Representation is sometimes needed in order to administer an estate.  However, if the estate very modest or all assets are jointly owned and pass by survivorship, it may not be necessary to obtain a Grant.  A quick ‘phone call to us will let you know.
If someone dies leaving a Will and a Grant is necessary, it will be called a Grant of Probate and will be a Court-sealed document stating the details of the personal representative or Executor, to which the Will will be attached.  In order to obtain this Grant Inland Revenue paperwork must be completed detailing the deceased’s assets and liabilities.  There is a short form and a long form and sometimes an Inland Revenue Account needs to be approved before the application can be made to the Court (Probate Registry).  Once again, we can advise you on this.
If someone dies without a Will (intestate), then the Grant will be called Letters of Administration and only certain people are able to make the application.  We can also advise you on this and the Rule of Intestacy dictating how an estate must pass when there is no valid Will.

Private Client

What is private client law?
Wills and Probate Lawyers are historically pictured as grey-haired, pointy nosed older men, who read a Will to a warring family over an old oak dining table. Sometimes death ensues (after everything has been left to the dog) and Poirot is called in.
However, to label someone a Wills and Probate Lawyer is usually doing them a disservice and does not begin to describe what a Private Client Lawyer can do for you. Private Client covers a whole gamut of services. If you are thinking of marrying or registering a Civil Partnership and want to enter into a pre-nuptial agreement – enter the Private Client Lawyer. If you are buying a house and supplying more of the deposit or will be paying more of the mortgage and wish to protect your interests – enter the Private Client Lawyer. If your older relative is losing capacity or wishes to appoint someone their attorney  in the event that they do – once again, enter the Private Client Lawyer. Anything that does not involve suing people or buying and selling houses will usually involve Private Client work. This generally means that your Private Client Lawyer will be a friendly soul (not often needing to sue people) and will have a degree of empathy you might not expect from a lawyer. If you want to see more of what Private Client Law can do for you, have a trawl through the Law Society Probate Section (soon to be re-named Private Client section!)

Click here to read more on Lasting Powers of Attorney

For further information and a confidential discussion please contact us on 01273 734600, or by e-mail on pat@crosbymooresolicitors.co.uk