Wills, Trusts and Probate Solicitors

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Specialist advice on wills, probate and will disputes

When we are young and healthy, making a will is the last thing on our minds. However, a well-drafted will is a very important legal document which allows you to do many things, including providing for your loved ones in the event that something happens to you. A will ensures that your wishes are carried out in relation to the distribution of your estate.

Without a will you are considered “intestate” and your estate will be distributed according to the law and the rules of intestacy, which may not accord with your wishes and may cause your loved ones distress at a difficult time.

It is never too late to make a will. Anyone can make a will, provided they are over 18 years of age and mentally capable of understanding what they are doing and the consequences of their actions. A will is the best way to ensure that after your death, your money, property and possessions are distributed according to your wishes.

How can our solicitors help?

At Darton Law, we can draft your will and also, when the time comes, undertake the work involved in gathering all the assets, obtaining a Grant of Probate and distributing your estate as per your wishes. Alternatively, if you have been appointed as the Executor(s) of a will, we can assist you with all aspects of probate.

If a family member has passed away without making a will, we will be able to assist you with gathering their assets and distributing them according to the law and the rules of intestacy.

At Darton Law, we provide an excellent service that will give you peace of mind for the future.

The services we offer include:

  • Drafting a new Will
  • Drafting Mirror Wills
  • Amendment of an existing Will or Mirror Wills
  • Dealing with all aspects of probate, gathering assets and distribution of the estate in accordance with the will
  • Advising on the effect of intestacy, gathering and distributing assets in accordance with the law

We are able to offer either a fixed fee service or reasonable and competitive hourly rates, depending upon your requirements:

Meet our Wills and Probate Solicitors Expert

James Osborne Profile

FAQ’s

The importance of a Will is largely underestimated. Although entering into a Will is something a person may not like to think about, it is nonetheless the most important legal document you will enter into during your lifetime. It has been largely reported that if a person feels they are not wealthy enough, there is no need for a Will to be put in place. This could not be farther from the truth. Making a Will provides the Testator (person entering into a Will) with peace of mind that their estate, which they have worked so hard for, will pass in accordance with their wishes. It will also enable the right people to deal with the estate so that their wishes are fulfilled correctly. Contact Darton Law on 0208 751 5115 for expert solicitors advice on Probate and Wills.

It’s important to get expert legal advice from a Wills Solicitor as Will writing can be complex, however our team of specialist Wills writing experts make the process as straight forward as possible for you. We can help spot any errors which may cause problems further down the line, but most importantly give guidance and support you through the process. It is a lot easier to address potential issues now rather than after your death which may affect the value of your estate.

Contact our team of solicitors for more information on 0208 751 5115 or email us at enquiries@dartonlaw.co.uk

You should review your Will regularly. It may be that your circumstances have changed and your Will no longer suits your circumstances.

It is recommended you consider updating or restructuring your Will in the following circumstances:

  • Where there have been changes to your asset pool or the nature of your assets;
  • Changes to any of your intentions, or the need for sophisticated estate planning;
  • Significant changes in your financial situation which may impact on your Will wishes, including acquiring and disposing of assets;
  • The individuals named in your Will are now deceased, including executors, beneficiaries or guardians;
  • Entering into business arrangements or structures that may affect your financial situation;
  • Changes in your lifestyle, including health and retirement;
  • Changes in your family relationship structure, including: Marriage, Divorce, Birth of a child and Adoption.

Contact our team of solicitors for more information on 0208 751 5115

This is where matters can become complicated. When a person dies without making a Will, then this is known as dying intestate and the law takes charge. There are various problems with this, namely:

  • Who will deal with the estate;
  • To whom does the estate pass;
  • An increased amount of time to deal with the estate because of the above; and
  • Who looks after children if they are minors?

Where people are married and do not have a Will, if certain criteria are met under the rules of intestacy, then the estate will not always pass wholly to the surviving spouse; something that is not widely reported and can cause a number of problems in the future. A more common problem is if people are cohabiting. If there is no Will, then there is very little protection for the remaining partner as they would not automatically inherit on intestacy.

Probate is simply the process of applying for permission to administer a Will when someone has passed away. We will handle this process for you and keep your Executor informed every step of the way.

If you are an executor of a Will it is likely that you will need a Grant of Probate to deal with the administration of the estate. However, if the estate only has joint assets or bank accounts with less than £5,000 in them you may be able to deal with the estate without a grant. You are still responsible for dealing with any necessary inheritance tax reporting, even if a grant isn’t required.

It’s possible to apply for Probate without a solicitors service. However, in many situations it will be advisable to use a specialist Probate solicitor. For example, if no Will was left by the deceased or the Will has been contested, if tax is payable or if charities are beneficiaries. Solicitors can also help with the administration of complex estates – for example estates which have a business, agricultural or foreign assets. Probate solicitors take the burden of some or all of the work from the executors.

Why do I need a will?

Do you want a religious or humanist ceremony? What type of ceremony would you like?

If you have young children you can specify who you would like to bring them up if you were to die. If you do not state this then you would have no say in who your children live with.

If you have not made a Will then your assets may not go to who you would choose, and in some cases may even go to the crown. This is particularly important if you have a partner that you are not married to, or if you are remarried and have children from a previous relationship.

You may have valued personal possessions which you would like passing on to a specific person.

Nothing can guarantee a dispute over your assets better than not leaving a Will. Most people think that their family will not fall out over money, but in many cases they do. The best advice is to leave clear and unambiguous instructions in a Will as to who should receive what.

If you are living with someone but are not married to him or her, it is critical that you make a Will to protect them, otherwise they may receive nothing.

“Unmarried partners have very little protection in law and the idea of a ‘common law partner’ has no legal standing.”

Due to house price inflation, many people now reach the qualifying criteria for paying Inheritance Tax at the current rate of 40% of your assets. Advance planning can reduce or eliminate your liability to this, ensuring more of your assets go to those you wish.

You may have young family members who you would like to leave something for once they reach a particular age.

You can choose who you would like to deal with the often complex process and paperwork involved in winding up a deceased estate. In this way you can ensure that the task does not fall to someone who may be unsuited to it.

This page is related to: wills and probate solicitors West London, wills and probate solicitors Surbiton, wills and probate solicitors Feltham.

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