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Wills and Probate Solicitor

​What is a Will?

A will is a legal document that you write during your lifetime. The main purpose of a Will is to set out who you want to inherit your money, property and other possessions when you pass away. These people are called your beneficiaries.

A will enables you to make other arrangements that will come into force when you die. For example, you can name executors who will be responsible for winding up your affairs and distributing your assets your beneficiaries. You can name legal guardians who will care for your children if they are under the age of 18. You can also specify any funeral preferences, such as whether you want to be buried or cremated.

If you die without a will, you are said to have died 'intestate'. Your estate (which is the collective word for everything someone owns when they die) will be distributed to your family members. The law will decide who gets what, regardless of any wishes you may have expressed while you were alive.

What is Probate?

Probate is the legal process that happens when someone dies. The main purpose of probate is to give a person (or people) the legal authority to deal with a deceased person's estate. These people are called personal representatives.

Probate enables the personal representatives to access the deceased person's assets, such as their bank accounts, property, and pensions. It means they can do things such as:

Finalise utility bills

Sell or transfer property

Gather in assets, including pensions, stocks, shares and savings

Liquidate (sell) all the assets in the estate

Pay any outstanding debts using funds from the estate

Calculate and pay any income tax or inheritance tax due

Distribute the estate to beneficiaries (as set out either in the will, or the law).

With our Probate Complete Service we take full responsibility for getting grant of probate and dealing with the legal, tax (excl VAT), property and estate administration affairs.

Probate isn't needed every time there is a death. Generally there are two scenarios where Probate won't be needed:

The deceased person's husband or wife is still alive, in which case assets that are jointly owned will automatically pass to the surviving spouse

The deceased person owned very little – known as having a small estate

Otherwise, it's highly likely that the deceased's loved ones will need to go through the probate process.

Without probate, the deceased person's assets will effectively remain 'in limbo'. There won't be anyone with the legal authority to deal with the estate, so it can't be administered and distributed to the beneficiaries.