Wills & probate solicitors

Around 60% of adults die without leaving a valid Will and take their chances that the intestacy rules will match what they would like to happen to their estate. However, this means that they won’t get a say in who administers their estate and who it goes to. If you are co-habiting, have a second family, business assets or a taxable estate, a Will is essential planning. If you have a very limited estate and are married with no children outside of that marriage, then it’s possible the intestacy rules could match what you would like to happen. Either way you should take advice so that your decision not to have Will is an informed one.

An executor takes responsibility for dealing with a deceased person’s estate – which can include obtaining probate, settling unpaid debts or bills, paying inheritance tax and distributing money or assets to beneficiaries.

Anyone aged over 18 can act as an executor, but when you make a Will, it’s important that you choose your executors carefully. It’s advisable to have at least two executors, in case one of them dies. It’s also advisable to choose someone who’ll have the right skills to be able to manage finances and paperwork when dealing with your estate. It can be an onerous and time-consuming role and carries personal liability if things go wrong. For this reason, many people often appoint a professional executor such as a solicitor. Clarke Willmott is able to act as professional executors through Clarke Willmott Trust Corporation Limited.

We hold Wills at no cost to our clients. If your or a loved one’s Will is held by us, find out how to request an existing Will here.

Any action you take to avoid a care fees assessment could be viewed by the local authority as a deliberate deprivation of assets. This may result in a refusal to fund any care. Therefore, you should take specialist advice when considering using a Will or trust to protect your assets from third party claims on your estate. Our specialist Wills and trusts advisers will help you choose the best Will for you.

This depends on which countries you hold nationality, your assets, your residence and domicile. It may be that you have one international Will, two Wills in the same country but dealing with assets in different countries, or separate Wills in different countries. Advice should be taken from one of our experts.

If you have grounds to challenge a Will (eg the Will was not valid or you were left out of a Will) there are several options available to you. A caveat can be issued to prevent the Grant of Probate being issued until the Will dispute has been resolved. If the Grant of Probate has already been issued, Inheritance Act claims can be brought against the estate within six months.

If the deceased was domiciled abroad, if there is property abroad or if the Will was prepared under foreign law your ability to make a claim or contest the Will depends on local law and local advice will be needed. English law may also be relevant depending on the circumstances. Our trusts and estate dispute resolution solicitors will be able to advise you.

Yes they can and often do. It can be tricky though and local lawyers will need to be engaged to assist. Sometimes a personal appearance is necessary along with registering for local taxes.

A lasting power of attorney is an effective way of deciding how you would like your affairs to be managed if you can no longer manage them yourself. You can outline how decisions should be made and then appoint a person you trust (called an attorney) to make them on your behalf. There are two types of Lasting Power of Attorney – a health and welfare lasting power of attorney and a property and financial affairs lasting power of attorney.

An attorney’s powers are set out in the lasting power of attorney. An attorney must always act in the best interests of the person that granted them the power. For instance, they are not allowed to give the person’s money away, spend it on themselves or change the Will without court approval. However, the safeguards are limited so it’s very important that you only appoint an attorney you are confident will act in your best interests.