Will and Probate FAQs
How can we help you?
Will my partner get everything when I die?
If you are married or have a civil partner, but don’t leave a will, your spouse or partner will not automatically receive all your estate. Over a certain limit, which changes from time to time, the balance may be shared with other relatives. If this is not what you want, you need to make a will. To calculate the estimated value of your estate, you need to consider all your assets including bank accounts, insurance policies, property, stocks & shares, pension and so on. We have created a basic checklist to help you estimate what your estate may be worth – see below.
If you are living with someone, but not in a marriage or a civil partnership, your partner is not provided for unless you leave a will, even if you have lived together for years.
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I’m getting divorced – should I change my will?
If you are getting divorced your estranged spouse may receive some or all of your estate or if already divorced, your children may now be your main beneficiaries and so the wording of any existing will may need to be changed. The same is true if you re-marry.
When you get married, unless the Will was made in contemplation of marriage) it automatically revokes any prior will. Particulary if it is a second marriage, you need to be sure that those people you wish to inherit actually do.
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How can I be sure my children will be looked after if I should die?
If you have children and don’t leave a will expressing your wishes about who should look after your children and decide upon their future, the law will make those decisions for you. Without leaving a will, your children could get control of any money at the age of 18 – whether they are responsible or not.
You need to consider who you would wish to look after your children should you die before they reach the age of 18. Ensure that they are willing to do so and then include them as guardians in your will.
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What can I do about leaving specific items to family?
You may have specific items, such as jewellery or other valuables which you wish to leave to individuals. By including this in your will, you are making clear your wishes and it can help to avoid any conflict after your death. Families to tend to fall our over the contents of the house – detailing your wishes in your will can help to avoid this.
How do I choose executors?
Executors are people you know and trust to deal with your financial affairs after your death. This is often a family member or friend – or one of our solicitors. A combination of the two may be the best choice. Many people select their spouse and their solicitor to be joint executors – your spouse may be grateful for professional help and advice at such a difficult time. Be sure to let your executors know that you have selected them, and let them know where you keep your will.
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I don’t have much to leave – do I need to make a will?
A common misconception – once you add up all your assets, it may be more than you think. You still want to be sure that your estate goes to the person or persons you wish it to – and if you have children it is vital you consider who would look after them and their future. Making a will means you can decide what happens after your death.
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What is probate?
A Grant of Representation or Probate can often be required to deal with estate assets. When someone dies, those assets held in a person’s sole name are frozen, and, depending on the value of those assets, it can be necessary to apply to the Probate Court to obtain a Grant of Representation. The Probate when granted recognizes the legal authority of the executors named in the Will and allows them to deal with a deceased person’s assets in accordance with the deceased person’s wishes.
Probate is not always required in an estate; where the value of assets held is small, generally below £5000, it is not always necessary to apply for a Grant. Cash assets held in joint accounts will also not require a Grant of Probate to release them as these will pass automatically to the survivor.
Probate is always needed where there are multiple assets with a value of more than £5000, or where property or land is held (other than on a joint tenancy). Jean will be able to advise as to whether Probate will be required.
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A close relative has just passed away –what do we need to do?
There are a number of things that family and friends need to do immediately following a death. These matters are often dealt with by family and friends, but we can help with some or all of these matters too if you wish us to.
Firstly, you will need to ensure that the death is registered. The medical certificate stating the cause of death will need to be registered at the Registry office of Births, Deaths, Marriages and Civil Partnerships for the district where the person died.
You will also need to ensure that the deceased’s home and possessions are safe. If the person who has died lived alone, the relatives or friends should go to his or her home as soon as possible after the death to secure the premises, and if possible to contact the insurers to make sure that adequate home and contents cover is in place.
It is not essential to find the will before the funeral. However, it is best to find it as soon as possible following the death so that any expressions as to funeral wishes are considered and the executors informed. We can put you in touch with local funeral directors and also discuss ways of paying for the funeral expenses.
If there is no will - You may not be able to find a will made by the deceased. We can help with further searches for the will and explain what to do if the person is intestate (which means that the estate will be dealt with in accordance with the law rather than the terms of any will).
The executors appointed in a will have to deal with the estate of the deceased and will need to collect in all the assets of the estate, pay out any liabilities and if necessary report to the Inland Revenue and arrange for an oath to be drawn up allowing the executors to act.
The first task is to gather information regarding the deceased and the assets owned by them. A checklist of the documents to look for before meeting with us is attached and we can then deal with all of the correspondence on your behalf
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