Wills, Inheritance, Trusts and Probate

If you believe that you have grounds to contest a Will, then there are several different options that might be available. For example, a Probate Caveat can be issued to prevent a Grant of Probate being legally authorised until a Will dispute has been resolved. Or, if a Grant of Probate has already been authorised, an Inheritance Act claim can be brought towards an estate. 

An Executor’s responsibility is to deal with a deceased person’s estate and assets. This can include obtaining a Grant of Probate (in order to administer the estate and assets), settling unpaid bills or debts, distributing assets to beneficiaries and paying Inheritance Tax. 

Anyone who is over 18 years old can act as an Executor in England and Wales. But, when you make a Will, it’s essential to choose your Executors very carefully. We recommend having at least 2 Executors, in case one of them develops a lack of mental capacity or dies. It is also advisable to choose someone who possesses the right skills in order to be able to manage money and possessions and complex paperwork when dealing with the administration of your estate.

It is entirely possible to secure a Grant of Probate without a solicitor. But, we recommend using a specialist solicitor for a number of reasons. For example, if no Will was left by those who have passed away or if their Will is being contested. A solicitor who specialises in Wills and Probate can also assist with the administration of complex estates. 

There are many ways you could reduce your Inheritance Tax which includes giving to close friends, family or charities and by using a Trust. However, we do recommend speaking to a specialist Wills and Probate solicitor so that you understand the pros and cons of each option.  

Any debts and will be paid with the money and possessions of the deceased’s estate. What is left after paying debts, funeral costs and administrative expenses will be shared out among the beneficiaries according to the Will that they left behind.

The Court of Protection in England and Wales helps those who don’t have the mental capacity to manage their own estate and financial affairs. It has the power to act and make decisions on their behalf. It can also give these powers to someone else like a family member or close friend who can manage their loved one’s affairs. This normally happens if there is a need to make decisions over the course of a long time. 

A Grant of Representation is a legally binding document that you’ll need to confirm your status and ability to deal with a deceased person’s estate. If a Will was left that appointed personal representatives, these are called the executors. These are the ones who will obtain a Grant of Probate in order the administer the estate. If no Will was left, the personal representatives are called administrators, and they will obtain a Grant of Letters of Administration instead to deal with the estate.