Given that wills are relatively straightforward and inexpensive to create it is somewhat surprising that a large number of people in England and Wales die intestate – without having executed a valid final will. Consequently, it is generally thought that the majority of work carried out by wills and probate solicitors involves administering the estates of people who have died without a will.
You will receive advice from probate solicitors if you wish to apply for the right to deal with the affairs of a deceased person.
Whilst it is not necessary to involve wills and probate solicitors to draft a legally enforceable will, it is useful to be aware of a number of common pitfalls. Have you accounted for changing relationships in your will such as births, deaths, marriages and the Civil Partnership Act? Do you know enough about wills and probate to know how to revoke or amend an executed will? What is legally required in order to properly sign and execute your will?
The advantage of using wills and probate solicitors is that they are experts at helping you make tricky provisions such as how your assets should be re-distributed in the event of your beneficiary’s death.
Making a will is not a legal requirement, but they give you both legal control and peace of mind in determining what happens to your estate – your property and personal possessions after your death.
There are also key financial benefits to making a will. If you make a will your assets will be shared according to your wishes rather than the law of intestacy. Crucially, wills and probate solicitors will help you to ensure that you do not pay excessive Inheritance Tax.
Wills and probate solicitors will advise that if you are not married to your partner, a will can ensure that they are provided for after your death. Contrary to common assumption, there is no automatic inheritance for them in law.