Wills & Probate

Wills

The majority of people are better off than previous generations and most will have assets at the time of their death. Wills give legally enforceable instructions on how assets should be distributed and on the appointment of executors, whose duty it is to ensure that the wishes of the deceased are carried out.

If the deceased failed to make a Will there are legal rules that dictate how money, property and possessions are allocated to beneficiaries. However, if no relative qualifies to claim using these rules then all the assets of the deceased, could well be taken by the Crown.

In order to avoid assets being distributed in a manner that the deceased person would not have wanted, it is important that anyone with assets leaves formal instructions on how they require them to be dealt with after their death.

Whilst there is no legal requirement to use a solicitor when making a Will the rules and regulations are extremely complex and there are many pitfalls for the inexperienced. Solicitors make far more money sorting out messy and unenforceable Wills than they do when dealing with properly drafted and well executed documents.

Probate

Probate is the legal recognition of the validity of a Will and most solicitors will be able to advise you in this area. However, should a dispute arise it is important that your solicitor understands the process of a challenge to a Will and has the necessary resources to deal with it in court. Using a specialist solicitor will ensure that property will pass to those intended, and is the best way of eliminating potential conflict.