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What is a Will and Why Do I Need One?

A will is a legal document that outlines your wishes regarding the distribution of your assets and the care of any minor children upon your death. Having a will ensures that your estate is handled according to your preferences, minimising potential disputes among beneficiaries and providing peace of mind for you and your loved ones.

What is Probate and How Does It Work?

Probate is the legal process of administering the estate of a deceased person. It involves validating the will, if one exists, and distributing the deceased’s assets according to the will or state law if there is no will. Our experienced solicitors can guide you through the probate process, ensuring that all legal requirements are met efficiently and effectively.

Can I Make a Will Without Going to a Solicitor?

Yes, you can make a will without going to a solicitor. However, it is advisable to consult a solicitor to ensure that your will is legally valid and accurately reflects your wishes. Mistakes in a self-made will can lead to legal complications and may invalidate the document.

How Much Does It Cost to Make a Will?

The cost of making a will can vary. If you choose to write your will yourself, it can be free or involve minimal costs if you use online services. However, working with a solicitor typically costs between £300 and £1,000, depending on the complexity of your estate and your location.

Who Can Witness My Will?

Your will must be witnessed by two individuals who are not beneficiaries or spouses of beneficiaries. These witnesses must be present when you sign your will and must also sign the document themselves to confirm that they witnessed your signature.

Can I Update My Will?

Yes, you can update your will at any time. This can be done by creating a codicil, which is an amendment to your existing will, or by drafting a new will that revokes all previous versions. It is important to ensure that any changes are properly witnessed and documented to maintain the legal validity of your will.

What Happens If I Die Without a Will?

If you die without a will, your estate will be distributed according to the rules of intestacy. This means that only married or civil partners and certain close relatives can inherit your estate. Unmarried partners and other individuals you may have wanted to benefit will not automatically receive anything.

What Should I Put in My Will?

Your will should include:

• A list of your assets, including property, savings, and investments.
• The names of your beneficiaries and what you wish to leave them.
• The appointment of executors who will manage your estate.
• Provisions for the care of any minor children, including the appointment of guardians.
• Any specific wishes, such as charitable donations or funeral arrangements.

How Should I Store My Will?

Your will should be stored in a safe and secure place, such as with your solicitor, in a bank safe deposit box, or with a professional will storage service. It is important to inform your executors of the location of your will so that it can be easily accessed when needed.

What Makes a Will Legally Binding?

For a will to be legally binding, it must be:

• Written by a person who is of sound mind and at least 18 years old.
• Signed by the person making the will (the testator) in the presence of two witnesses.
• Signed by the two witnesses in the presence of the testator.

Why Is It Important to Make a Will?

Making a will is important because it ensures that your estate is distributed according to your wishes, reduces the likelihood of disputes among beneficiaries, and can help minimise the tax burden on your estate. It also allows you to make provisions for the care of minor children and support causes you care about.

How Do I Make a Will and What Steps Do I Need to Take?

To make a will, follow these steps:

1. List your assets and decide how you want them distributed.
2. Choose your beneficiaries.
3. Appoint executors to manage your estate.
4. Decide on guardians for any minor children.
5. Consult a solicitor to draft your will and ensure it meets legal requirements.
6. Sign your will in the presence of two witnesses, who must also sign the document.

Can I Make a Will Online?

Yes, you can make a will online using various will-making services. These services guide you through the process and help ensure that your will meets legal requirements. However, it is still advisable to have your will reviewed by a solicitor to avoid any potential issues.

When do you need to apply to get probate?

You typically need to apply for probate when the deceased person’s estate includes:

• Assets valued at over £5,000
• Stocks or shares
• Certain insurance policies
• Property or land held in their own name or as ‘tenants in common’

However, each financial institution may have different thresholds for when probate is required.

How to apply for probate if there’s a will?

If there’s a will, you can apply for a Grant of Probate online or by post. To apply:

1. Estimate the estate’s value and pay any Inheritance Tax due
2. Complete the probate application form (PA1P for online applications)
3. Submit the original will and death certificate
4. Pay the application fee

Online applications are typically processed faster than paper applications.

How to apply for probate if there’s no will?

When there’s no will, you apply for a Grant of Letters of Administration. The process is similar to applying with a will, but you’ll use form PA1A instead of PA1P. The closest living relative is usually eligible to apply.

Can you stop a probate application made by someone else?

Yes, you can challenge a probate application by entering a caveat before probate is granted. This is typically done if there’s a dispute about who can apply for probate or whether there’s a valid will.

How much does it cost to apply for probate?

The current fee for probate applications is £215 if the estate is valued at over £5,000. There’s no fee if the estate is under £5,000. Additional copies of the probate document cost £1.50 each.

What happens after you apply for probate?

After applying for probate:

1. The Probate Registry reviews your application
2. If approved, they issue the Grant of Probate or Letters of Administration
3. You can then start administering the estate, including gathering assets, paying debts, and distributing inheritances
4. The process typically takes up to 16 weeks from submission, but may take longer if additional information is required