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Wills & Probate

Making a will, dealing with the estate of someone who has died, or disputing one — these are easier with clear advice from the start.

Who you need

A wills & probate (private client) solicitor. A fixed fee is normal for a straightforward will.

What to do first

  1. A will must be signed and witnessed correctly to be valid. Home-made wills are a common cause of disputes.
  2. Consider a Lasting Power of Attorney (England & Wales) or a Power of Attorney (Scotland) at the same time.
  3. After a death, the executor usually needs a grant of probate (England & Wales) or confirmation (Scotland) before assets can be released.
  4. If someone dies without a will, the law decides who inherits — and an unmarried partner may get nothing automatically.
Watch the clock

A claim against an estate under the Inheritance Act in England & Wales generally has to be made within six months of the grant of probate.

Questions worth asking any lawyer

  • What will this cost — fixed fee, hourly rate, or a share of any compensation?
  • Who will actually do the work, and how often will I hear from you?
  • Have you handled cases like mine, and what's a realistic outcome?
  • Could I get this done for free through legal aid, insurance or a charity?

All legal guides

This guide is general information, not legal advice, and it can't take account of your circumstances. The law differs in England & Wales, Scotland and Northern Ireland, and it changes. If something is urgent, speak to a solicitor — in an emergency, call 999.