Wills and Probate

Having a properly-prepared Will allows you to ensure that your assets pass to those you would like to inherit. It is the best way to control what happens to everything you leave behind after you die. It can also help give you peace of mind in knowing that your family and friends are provided for as far as possible.

If you die without a Will, then you die ‘intestate’, which means that strict, default rules will direct who gets what. This can sometimes lead to people not inheriting – even if you would like them to.

‘Probate’ is the general term used for administering the estate of a deceased person. It is usually needed for most cases, save for those where the estate is small, of if the assets pass directly to a surviving co-owner.

Why choose Pilgrim Hope?

We offer Wills and Probate legal services from our offices in Wigan and Bramhall. At Pilgrim Hope Solicitors we believe that to avoid disputes or complication it is best to have your Will professionally prepared by an experienced solicitor. There are many online services offering to write your Will for too good to be true prices. That’s because often they are too good to be true. Today, families are often made up of step-children and partners who have been married before. We’ll ensure your Will means your wishes are carried out with the minimum of fuss at what will undoubtedly be a difficult time for surviving family members.

On this page you’ll find an outline of some of the key things that need to be considered when making a Will or if you need to apply for Probate (the legal right manage someone’s estate when they die). We are happy to run through the things you need to consider during a free 30 minute initial consultation.

For your convenience we offer home visits outside of regular office hours

Please call us on 01257 422 500 to arrange a convenient time. Lines are open 8.00 am to 9.00 pm Monday to Friday and 9.00 am to 7.00 pm on Weekends.

Why make a Will?

It is unpleasant to contemplate the idea of death. However, a Will prepared by a solicitor is vital way to protect and secure the future security of your loved ones.

Planning your estate to ensure that your loved ones are financially supported, but also to make decisions such as choice of guardians for your children, will ease the burden on those that you leave behind.

It is worth bearing in mind that unmarried couples have no rights under the intestacy rules (the rules that apply where there is no will), so if one cohabitee dies the other will not inherit unless provision was made in a will.

Also, a widow or widower may not necessarily inherit the whole of the estate. Other relatives may be entitled to a share of the estate, and this may result in hardship.

Excellent reasons for making a will include:

  • You decide who will benefit from your estate
  • You ensure that any inheritance tax liability arising from your death is kept to a minimum
  • You appoint guardians for your children
  • You decide at what age your children should inherit
  • You decide who to appoint as your executors who will administer your estate and ensure that your wishes are carried out
  • You can leave particular items of your estate to specific people

Mirror Wills and Life Interest Trust Wills

For couples, straightforward Mirror Wills are often best, particularly for those couples that have very similar wishes about what should be written in their wills.

Protecting the succession interests of the family is increasingly important in the context of:

  • Second marriages
  • Stepchildren
  • Future care home fees

A Life Interest Trust Will is a Will that includes a Life Interest Trust in favour of a surviving spouse. It allows for the assets within the Trust to be either invested or retained for the benefit of the surviving spouse. Any income generated by such investments is paid to the surviving spouse. The spouse has an absolute right to the income only or to the immediate use and enjoyment of trust property.

The benefits of a Life Interest Trust Will include:

  • Ensuring that whilst the surviving spouse is looked after for the rest of their life, the capital value of the fund is ultimately preserved for the beneficiaries, such as your children. This protects the estate within the Trust from the influences of another spouse, for example were the survivor to remarry
  • As the spouse has no right to the capital of the fund the capital value of the fund could not be taken into account by a Trustee in Bankruptcy
  • Based on current legislation, a Life Interest Trust effectively ‘ring fences’ the assets and prevents them from being taken into account were the survivor to require either residential or nursing care
  • The life interest gift to your spouse qualifies as if it were an absolute gift thus enabling the nil rate band to be transferred for Inheritance Tax purposes

Making a Will

Without a valid Will, the law provides that your estate will be distributed in accordance with the intestacy rules. In many instances these rules will not reflect your wishes or the needs of your loved ones. Unmarried partners and step-children will not be provided for. Your spouse or civil partner may not inherit your whole estate, but may have to share it with your children, parents or brothers and sisters.

There are many reasons to make a Will, and there are also many reasons why you should amend your current Will. Updating or editing your Will may be necessary if you divorce from your partner, co-habit with a partner, or have a new child in the family.

If you have young children you should appoint guardians in your Will to look after them in the event of your death. Wills can help safeguard vulnerable beneficiaries, preserve assets from being exhausted by Care Home fees and reduce the impact of any Inheritance Tax burden. Your Will is also an opportunity for you to benefit charities and other great causes that you care about.

We do understand that death is not a subject that you may want to discuss or reflect upon. Unfortunately, it is not a subject you should ignore as your loved ones may face serious problems if you die without making a Will. Problems that could have been avoided if you had made a Will.

At Pilgrim Hope Solicitors we are well known for being approachable and also our professionalism. As a result, you will find that making a Will is much less troubling than you might have imagined.

To arrange a free 30 minute initial consultation use the live chat widget in the bottom corner of this web page or call us on 01257 422 500.

Deed of Variation

A Deed of Variation can be an extremely useful tool as it enables a beneficary of a Will or beneficiary of a share of an estate on an intestacy (where there is no Will) to redirect part or all of their entitlement.

It can be used to save Inheritance Tax or to amend a defect in a Will, or simply to re-direct the benefit to the next generation.

A Deed of Variation must be completed within 2 years of the date of death.

What is Probate?

Unless and estate is very small and/or assets have been held jointly, the Personal Representatives of the Deceased (i.e. the Executors named in the Will or, where there is no Will, next of kin) will have to obtain a Grant of Representation from the Probate Registry showing their entitlement to deal with the estate. We will probably be able to tell you straight away if a Grant if needed and, if it is, we will be pleased to prepare all the paperwork required in order to obtain the Grant of Representation.

If the Deceased left a Will, the application is to the Probate Registry for a Grant of Probate; if the Deceased did not make a Will and therefore died intestate, the application is for a Grant of Letters of Administration.

If a Will was left this should set out who is to inherit the estate. If there was no Will, the law sets out who is entitled to inherit – the following link will help you to work out exactly who inherits on intestacy: https://www.gov.uk/inherits-someone-dies-without-will

The first stage of our work will be to apply for the Grant but, after the Grant is obtained, we will deal with the administration of the estate which will include collecting in the assets of the estate, settling estate liabilities, dealing with tax issues and ultimately distributing the estate in favour of beneficiaries.

Probate FAQs

You’ll find some of the most frequently asked question about Probate here in this section. Every situation is different. We offer a free 30 minute discussion with a qualified solicitor where we will be happy to answer your questions.

Unless the estate is very small with no freehold or leasehold property (a house or flat) then it will usually be necessary to obtain Probate – a Grant of Probate is a formal document issued by the Probate Registry which validates the Will and authorises the Executors to deal with the estate. We will be able to tell you straightaway whether or not a Grant is needed.

If the deceased left a Will, the application to the Probate Registry will be for a Grant of Probate. However, if the deceased did not make a Will and therefore died ‘intestate’, a Grant of Letters of Administration will be required. The application for this kind of Grant is usually made by next of kin (e.g. the surviving spouse or the children of the deceased). Where there is an intestacy, we will be able to advise you which members of the family are entitled to take out the Grant of Letters of Administration.

As part of the application for Probate, we will need to declare the value of the estate in a formal account which is submitted to HM Revenue & Customs – so, once you have provided us with the papers of the deceased, we will write to the financial institutions concerned (banks, building societies, insurance companies etc) to obtain up-to-date account balances and valuations. It is difficult to estimate how long this process will take, as we will be dependent upon the turnaround time of third parties, but normally most of the financial information will be received within 4 – 6 weeks of your passing the papers through to us. The next step will be for you to attend at our offices for the purpose of swearing the Oath which will lead to the Grant. That oath is then lodged at the Probate Registry. The Grant is usually issued within 2 – 3 weeks. Arrangements will have to be made to pay any tax due at the same time that the probate application is submitted – usually banks/building societies will release funds for the purpose of covering any tax liability.

Once the Grant has been obtained we will collect in the deceased’s assets in accordance with your instructions. This typically involves closing bank accounts, cashing in investment products and selling shares. We will attend to the conveyancing in respect of the deceased’s home or, alternatively, transfer the home into the names of beneficiaries. All the estate monies will be kept in our client account in the names of the Personal Representatives and will be subject to the protection of the stringent rules imposed by the Solicitors Regulation Authority. If any estate monies come into your hands you should send the same through to us straight away so that such monies can be properly accounted for and then fairly allocated between the beneficiaries.

Once we have collected in all the assets we will prepare Estate Accounts for approval by the Personal Representatives and beneficiaries. The Estate Accounts will contain a detailed summary of all assets, liabilities, expenses and income and show exactly what each beneficiary will receive from the estate.

As soon as the accounts are approved we will distribute the estate. This will normally involve paying over to the beneficiaries their entitlements or transferring assets out of the estate into the names of the beneficiaries. If the Will creates trusts, e.g. for underage beneficiaries, we will arrange for those trusts to be set up.

The length of time taken to obtain a Grant and administer an estate can vary significantly and depends on the value and complexity of the estate, the number of beneficiaries, the provisions of the Will, whether or not any assets are located outside of England and Wales and whether or not there is an inheritance tax liability.

The simplest estates can be dealt with within 3 – 4 months of first instructing us. More complex estates can take significantly longer.

Delays in the administration can occur where a dispute arises between beneficiaries – a family member may for instance believe that the Will has failed to make adequate provision for him or her: in this kind of case it will not be possible to distribute the estate until the claim of the disappointed person has been dealt with.

Distribution can also be delayed if the Department of Work and Pensions brings a claim in respect of an overpayment of benefits (such as Pension Credit or Income Support) made to the deceased during his or her lifetime. Sometimes it can take several months to resolve such a claim.

We will keep you informed of any problems that arise during the course of the administration which are likely to cause significant delay and will do our best to resolve the same as quickly as possible.

Call us to arrange a free 30 minute initial consultation

Call 01257 422 500 8.00am to 9.00pm Monday to Friday and 9.00am to 7.00pm on weekends or use the button below to request a callback.