The Wills and Probate Solicitors team at AFG LAW understand that making a Will can be one of the most important decisions of your life, particularly given the impact it can have on your family. That’s why we work closely with our clients, to ensure we get their wishes right the first time, and accurately reflected in any Will.

Our experienced team of Will and Probate Solicitors provide legal advice and guidance on all Wills and probate-related matters, including inheritance tax, inheritance tax mitigation and tax planning.

What Is a Will and Why Do You Need One?

A Will is an official legal document produced during your lifetime, that states your wishes (the ‘testator’) regarding the distribution of your assets and property following your death. It also allows you to appoint Guardians for any minor children, specify funeral arrangements, and even make charitable donations.  It is essentially the “how-to” guide of how you want everything to be dealt with under your control financially, following your death.

It is important to have a Will as it ensures your Estate is managed in line with your wishes. It can also provide peace of mind to both you and your loved ones, and reduce the likelihood of any dispute as to the distribution of your assets on death.

Creating a legally valid Will is essential to ensure your instructions are followed without complications. A valid Will must meet specific legal requirements in England and Wales, including:

• Being in writing – Verbal instructions are not legally binding.
• Signed by you – You must sign your Will in the presence of two independent witnesses.
• Witnessed correctly – The two witnesses must also sign the Will in your presence, and they cannot be beneficiaries or married to beneficiaries.

If you do not have a legally valid Will made when you pass away, you are said to have died intestate. This means that your property, money, and possessions will be distributed according to the rules of intestacy, which are strict legal guidelines that may not align with your wishes regarding who obtains what following your death, and allows the distribution of assets in line with default rules (according to the Administration of Estates Act 1925, Intestates’ Estates Act 1952, and Inheritance and Trustees’ Powers Act 2014).

Under intestacy rules in England and Wales:

• Married partners or civil partners will inherit most or all of the Estate, depending on whether there are children.
• If you have no spouse or children, your Estate will pass to other relatives in a set order, such as parents, siblings, or nieces and nephews.
• If there are no surviving relatives, your Estate will pass to the Crown (the government).

It is important to note that unmarried partners, people not in an official civil partnership, close friends, and stepchildren are not entitled to inherit anything under intestacy rules, regardless of your wishes and relationship with them.

Having a Will ensures that your loved ones are protected and your Estate is managed according to your preferences, not dictated by the law.

How Our Solicitors Can Help You Draft a Will

Making a will allows you to control what happens to the assets you have accumulated during your lifetime. A Will also enables you to protect your family and friends and control who should look after those dearest to you.

Drafting a Will to demonstrate your wishes may appear straightforward on the surface, but there are strict guidelines to follow to ensure it is legally valid in the eyes of the law.

highly experienced in assisting people draft their Wills with confidence. We can provide expert legal advice tailored to your specific circumstances.

We understand that every individual will have different needs and wants when it comes to the drafting of their Will, but generally, the following matters are commonly addressed in a Will:

• Your funeral wishes
• Choice of Executors
• Gifting personal belongings
• Making monetary gifts
• Create trusts to protect your children or someone with a disability
• Inheritance Tax planning

Understanding Probate: What It Is and When It’s Needed

Probate is the legal process of administering the Estate of a Deceased person. This process involves proving and registering the validity of the Will of the person who has died (if there is a Will) with the probate registry.

While probate can seem complex and overwhelming, our Solicitors are here to guide you through every step, making the process as smooth and stress free as possible.

Probate is generally needed if the Deceased owned property or significant assets in their sole name. It may not be necessary if the Estate of the person Deceased was small or if assets were jointly owned and passed directly to the surviving joint owner.

A brief overview of the probate process is as follows:

Locating the Will:

The first step is to locate the Will if one exists, and confirm its validity.

Applying for a Grant of Representation:

The named Executor must apply for something called a Grant of Probate, a legal document giving authority to manage the Estate, access accounts, sell property, and distribute assets. If there’s no Will, the process is called Letters of Administration, and a close relative applies to become the administrator.

Valuing the Estate:

The Executor calculates the total value of assets, including property, bank accounts, investments, and personal belongings, while accounting for any debts.

Paying Debts and Inheritance Tax:

Outstanding debts, like mortgages and loans, must be settled before distributing the Estate. Inheritance tax is often calculated based on the value of the Estate, which can include the amount of money held in bank accounts, investments, or assets such as property.

Distributing and Dealing with the Estate:

Once debts and taxes are cleared, assets are distributed to beneficiaries. The process can take several months, but our Solicitors ensure it runs smoothly and efficiently.

Dealing with Contentious Probate and Will Disputes

Our team of specialist Solicitors can assist clients with Will disputes or contentious probate issues. Contentious probate arises when disputes occur over the validity of a Will, the distribution of assets, or the actions of Executors.

Disputes can delay the probate process and cause emotional strain for families. Our Solicitors specialise in resolving these issues through negotiation, mediation, or litigation if necessary.

Whether you’re contesting a Will or defending against a claim, we provide expert legal support to protect your interests and help achieve a fair resolution as efficiently as possible.

Why Choose Us for Your Will and Probate Services?

At AFG Law, our team have extensive experience in all aspects of Will and Probate services, from drafting legally sound Wills and navigating complex probate processes to resolving contentious probate disputes and ensuring Estates are administered smoothly and efficiently.

For expert advice on Wills and probate processes, please get in touch with our team today via email at PrivateClientDept@afglaw.co.uk or speak to one of our experts on the phone at 01204 377600.