Wills & Probate
- Set out your funeral arrangements and ensure it is paid for
- Make specific gifts to named beneficiaries, such as jewellery, paintings and alike
- Ensure legal guardians are appointed to look after children
- Ensure an unmarried partner benefits
- Choose trusted people to manage, organise and distribute your estate
- Leave money to charity
- Avoid “sideways disinheritance”, if you have remarried or have children from a previous relationship
- Potentially reduce your Inheritance Tax liability
- Create a life interest for your spouse or partner whilst leaving your home to your children.
- Who benefits from and can use the assets from your estate
- How your property is to be dealt with
- Which of your trusted friends or family is in charge of distributing your estate; your Executor.
For these reasons having professional legal advice in the preparation of a will is advisable.
When someone dies, you’ll need to acquire the legal right to deal with their estate (property, money and possessions). To execute a Will, you will usually need to obtain the Grant of Probate or Letters of Administration. In England and Wales probate can also be called a “grant of representation”, ‘grant of probate’, ‘letters of administration’ or ‘letters of administration with a will’. The kind of grant that you need will depend on your circumstances, which is outlined as follows:
- If you are named executor in the Will – Grant of Probate.
- If you are the administrator with no Will – Letters of Administration.
- If you are the administrator of a Will – Letters of Administration (with Will).
When someone dies without a will, it is called leaving the deceased “intestate”.