What Sets Us Apart
Specialists In Intestacy And Probate
Experts handling wills and inheritance issues.
Tailored Wills For Complex Family Dynamics
Custom wills for complicated family situations.
Efficient Estate Management With Minimal Stress
Smooth handling of estates, reducing complications.
Wills And Probate – Protecting Your Estate
When someone passes away, everything they leave behind, known as their estate, must be properly managed. This includes money, property, investments and personal possessions. In most cases, authority is required before these assets can be accessed or distributed. This legal authority is obtained through probate. Planning ahead with a professionally drafted will can reduce stress, prevent disputes and ensure your wishes are respected. Wafer Phillips Solicitors also assist with employment accident claims and slip and trip claims, helping protect your rights and secure compensation in the event of personal injuries.
What Is Probate, And When Is It Required
Probate is the legal process of applying for a grant of representation. This authorises a person to deal with the deceased’s estate, including gathering assets, paying debts and distributing inheritance.
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If there is a will, the named executor applies for a grant of probate.
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If there is no will, the estate is dealt with under intestacy rules, and a grant of letters of administration must be obtained.
Probate is not always required. It may not be necessary where:
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The estate is worth less than £5,000.
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All assets were owned jointly and passed automatically to the surviving owner.
Without probate, most estates remain frozen, and financial institutions will not release funds.
What Happens After Probate Is Granted
Once probate has been issued, the executor or administrator has legal authority to manage the estate. The process typically takes between 4 and 8 weeks if there are no complications.
Key responsibilities include:
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Notifying banks and financial institutions.
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Paying inheritance tax and outstanding debts.
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Closing accounts and cashing in investments.
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Selling or transferring property.
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Distributing assets according to the will or intestacy rules.
The estate can include property, bank accounts and savings, investments and pensions, vehicles and possessions, overseas or business assets
Why Making A Will Is Essential
If you die without a will, strict intestacy rules decide who inherits. Unmarried partners, step-children and close friends have no automatic right to inherit, regardless of the relationship. Blood relatives may inherit ahead of those you intended to benefit. Disputes can arise, leading to costly and lengthy legal challenges.
Making a will helps:
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Prevent family conflict.
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Ensure your chosen beneficiaries inherit.
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Protect unmarried partners or stepchildren.
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Clarify specific gifts and wishes.
Property ownership also affects inheritance.
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Joint Tenants – The surviving owner automatically inherits the whole property.
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Tenants in Common – Each owner holds a defined share, which can be left to chosen beneficiaries in a will.
Professional guidance ensures your estate is structured correctly and your wishes are legally protected.
