Wills, Trusts & Probate solicitors in England & Wales

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Plain-language guide

What a wills and probate solicitor does.

A wills and probate solicitor plans what happens to your estate and then, when the time comes, administers it. Drafting a valid will under the Wills Act 1837, setting up lasting powers of attorney, using trusts and lifetime gifts to reduce inheritance tax, and after a death obtaining the grant of probate or letters of administration, paying the inheritance tax and the debts, and distributing the estate under the will or the intestacy rules in the Administration of Estates Act 1925. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are handled by the same practitioners.

When you need one

You do not have a will, or your circumstances have changed since you made one.
You want someone you trust to be able to manage your affairs if you lose capacity.
Someone close to you has died and you are the executor or the next of kin.
You have been left out of a will, or less than you were promised, and want to know whether you can claim.

How fees usually work

Wills and lasting powers of attorney are usually fixed-fee. Estate administration is charged either by the hour, as a fixed fee, or as a percentage of the estate, and the SRA Transparency Rules require the firm to publish its pricing for probate. Ask for an estimate for obtaining the grant alone and for the full administration, and check whether the inheritance tax account is included.

Questions to ask before you instruct

Is a simple will enough, or do I need a trust for the property or for a vulnerable beneficiary?
How much inheritance tax would be payable now, and what could reduce it?
How long will the administration take, and when can interim distributions be made?
Are you a member of STEP or the Law Society's Wills and Inheritance Quality Scheme?

See the listed practitioners

General information about England & Wales law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Wills and probate solicitor questions

Do I need probate?

A grant of representation is needed to deal with most assets in the deceased's sole name above the thresholds the banks set, and always for land. Jointly owned property passing by survivorship and small balances may not need it. The application is made online through HMCTS for most estates.

When is inheritance tax due?

Six months after the end of the month of death, and on most estates the tax on non-instalment property must be paid before the grant is issued. The account is due within twelve months. The nil-rate band, the residence nil-rate band and the spouse exemption mean many estates pay nothing, but the forms must still be completed.

Can I challenge a will?

On the grounds that it was not validly executed, that the testator lacked capacity, did not know and approve its contents, or was unduly influenced. Separately, a spouse, former spouse, cohabitant, child or dependant can claim reasonable financial provision under the 1975 Act within six months of the grant, whether or not the will is valid.

For the practitioners listed here

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Client accounting for estate money, the grant and inheritance-tax dates in the diary, and fee notes at each stage of the administration.

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