Wills, trusts & probate

While it is possible to write a will yourself, a poorly drafted will can lead to family disputes, delays in administering your estate, and unnecessary costs. A solicitor can ensure that your will is legally valid, clearly reflects your wishes, and takes your personal circumstances into account. This can provide peace of mind and help reduce the risk of misunderstandings or conflict for your loved ones in the future.

Yes. In most cases, getting married or entering into a civil partnership automatically revokes any existing will, meaning it is no longer valid. It is therefore important to review or make a new will when your circumstances change.

If you divorce or dissolve a civil partnership, the law generally treats your former spouse or civil partner as though they have died for the purposes of your will. Any gifts to them or appointments made in their favour, such as naming them as an executor, will usually fail. The rest of the will remains valid unless it is affected by those changes.

A will sets out what should happen to your assets after you die and only takes effect upon your death. Before the assets in an estate can usually be distributed, the estate may need to go through the probate process.

A trust is a separate legal arrangement that allows assets to be managed by trustees for the benefit of chosen beneficiaries. Depending on the type of trust and the assets involved, a trust can take effect during your lifetime or after your death. Trusts can offer greater control over how and when assets are passed on, and in some cases may help avoid delays associated with probate.

Yes, it is possible to place your house into a trust. Trusts can be a useful way of managing and protecting assets, helping to ensure they are passed on in accordance with your wishes. However, transferring your property into a trust can have significant legal, tax, and practical implications, and you may give up some control or ownership rights depending on the type of trust used.

As every situation is different, it is important to seek legal advice before placing your home into a trust. A solicitor can help you understand the options available and determine whether a trust is the most appropriate solution for your circumstances.

No, probate is not always required. Whether probate is needed depends on the type and value of the assets left behind and how they were owned.

Probate is more likely to be required if the deceased owned property or land in their sole name, held significant assets in their own name, or had substantial savings and investments. However, some assets can pass automatically to a surviving owner or beneficiary, meaning probate may not be necessary.

As every estate is different, it is often helpful to seek advice to establish whether probate is required and what steps need to be taken.

The probate process can vary depending on the size and complexity of the estate. For a straightforward estate, it will typically take between 6 and 12 months from start to finish.

However, the timescale can be longer if there are complex assets, inheritance tax matters to deal with, difficulties locating beneficiaries, or disputes between family members. Delays can also occur while waiting for financial institutions to provide information or for HMRC to process any required tax forms.

A solicitor can help guide you through the process, ensuring that all necessary steps are completed as efficiently as possible.