Wills & Probate

Who can make a Will?

Anyone over the age of 18 and of sufficient understanding (testamentary capacity).

Can I alter my existing Will?

You must not alter an existing Will in any way, e.g., crossing out, correction fluid, adding words or sentences or attaching other sheets of paper with staples or paper clips. Such marks can cause great difficulty when it comes to proving your Will in the Probate Registry and are not normally valid. If your Will no longer meets your requirements you should either make a new Will or a Codicil to your existing Will.

Why should I make a Will?

  • You can choose your executors and trustees
  • You can appoint guardians to care for your children
  • You can make sure anything that you want to leave when you die goes to who you want to get it.

What happens if I don't make a Will?

Certain persons, in order of priority, can apply to be your administrator. Your estate is distributed according to the laws of intestacy which may not be exactly what you want. Note that under the laws of intestacy the surviving spouse or civil partner does not automatically inherit everything in all cases. The spouse or civil partner will receive the Statutory legacy figure set by law and this amount is dependent on whether there are any surviving children or other close relatives.

For how long is a Will valid?

  • Until you make a new one revoking the old Will
  • Until the Will is destroyed (not to be done lightly)
  • Divorce and dissolution of civil partnerships can affect a Will
  • Marriage and civil partnerships normally void a Will completely

Probate and Trusts service

At mosshaselhurst Solicitors we offer personal service, experience, security, impartiality and confidentiality.

We are trained in a variety of technical and administrative tasks. We shall ensure that your wishes, as expressed in your Will, are carried out. We can also act on your behalf, if you are appointed Executor in someone else's Will.

Intestacy

We can advise and assist you if a relative dies without leaving a Will.

How can we help you?

We can:-

  • Register the death.
  • Arrange the funeral or assist you in doing so.
  • Identify the assets and, if required, have them valued.
  • Arrange house clearances and sales.
  • Complete all Inheritance and Income Tax forms and advise upon any tax liability.
  • Claim benefits and, if applicable, relief from Inheritance Tax.
  • Pay any taxes due.
  • Obtain Probate (or, if there is no Will, letters of administration).
  • Pay any outstanding debts.
  • Make sure any payments or gifts to the beneficiaries under the Will are made promptly. Offer all the legal assistance you require and answer any queries you may have.
  • Provide a detailed account on completing the administration of the estate.