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Writing a Will

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Chesterfield Wills and Probate Solicitors

As leading Chesterfield Wills and Probate solicitors, Spencers Solicitors can assist with any dispute or query you have regarding the management of Wills, Probate, Wills Trusts, and Estate Administration. We can support you with everything from writing a Will to removing an incompetent trustee.

for no obligation advice on making a will.

Writing a Will

It is astonishing to think that around 70% of adults in the UK do not have a legally binding Will, potentially leaving their loved ones financially vulnerable in the event of their death. In many cases, those who die without leaving a Will (“intestate”) believe they have more time to organise their affairs or they assume that their partner will automatically inherit their estate. They may write a DIY Will which can be contested in court because it wasn’t legally binding or believe that simply talking to their loved ones about what they want to happen is sufficient.

Unfortunately, our experienced Wills and Probate lawyers know that disputes can arise in even the closest of families and that the best way to ensure your estate is managed the way you desire is with a professionally written Will.

Wills and Probate Services

In addition to a Will writing service, we can also assist with obtaining Probate and Administering an Estate. Ask us about:

  • Applying for Letters of Administration or a Grant of Probate
  • Identifying and contacting beneficiaries
  • Identifying and arranging the valuation of an estate’s assets
  • Handling tax queries, including inheritance tax for individuals
  • Settling accounts with any creditors and paying off an estate’s debts
  • Preparing and submitting an estate’s accounts

As experienced Wills and Probate lawyers, Spencers can create valid Wills, but we can also help you challenge a Will you believe it to be unfair or illegal. Reasons a Will may be contested include if:

  • The Will was not prepared and executed correctly
  • Financial dependents, such as children or a spouse, were not adequately provided for
  • The Will is fraudulent
  • The person signing the Will did not understand the contents or were forced to sign under undue pressure or influence

A case study example of a successful Will challenge involved a couple who were separated at the time of the husband’s unexpected death. At the start of their estrangement, he had changed his Will to leave his entire estate to their children, effectively leaving his estranged partner, who had left work to raise their family, without an income and with limited assets. A solicitor successfully contested the Will, arguing that financial provision would have been granted to the woman in the event of their divorce, and she received a settlement from the estate in recognition of this.

Power of Attorney

The team at Spencers Solicitors can help arrange for you to nominate a Power of Attorney to act on your behalf in the event you become unable to manage your affairs due to illness or a lack of mental capacity. Granting someone capacity to make important decisions on your behalf through a Power of Attorney is a significant sign of trust, and it is important both sides understand the responsibility it entails.

Call Spencers Solicitors today, or fill in our form to request a call back. Our expert advisors will be happy to answer any initial enquiry you have about Wills and Probate management including whether you may have legal grounds to dispute a Will.

Wills and Probate FAQ

Here are the answers to some of the most frequently asked questions we receive about Wills and probate.

Do I Need to Apply for a Grant of Probate?

A Grant of Probate is a certificate is issued in recognition that the Will is legal and valid. You don’t need to obtain Probate if the value of the estate is less than £5,000 cash. If the value of assets is greater than this, or the assets are held in the form of property, shares, pension, or business, you will need to obtain a Grant of Probate (or Letters of Administration, in the situation of intestacy) from the court.

Financial institutions can set their own limits for requiring Probate, and you need to be a nominated Executor, or acting on behalf of them, to apply for it. Without a Grant of Probate or Letters of Administration, you will not be able to administrate the estate.

How Long does Probate Take?

Probate, the act of administering an estate, typically takes six to nine months. It can take longer if the estate is complicated or if a beneficiary or potential beneficiary contests the will.

Do I need a Solicitor to write a Will?

A Will does not need to be prepared by a solicitor for it to be legally binding. However, DIY wills are often less robust and more easily challenged as people without a legal background are not always aware of the necessary requirements.

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