Wills and probate

Whether you are looking to prepare a will, or you have been elected executor of another person’s will, you will no doubt be looking for legal advice. In this section of our blog, we cover common questions about wills and probate law in the UK. We also cover related issues to do with estate planning, such as living wills, advance decisions, powers of attorney, trusts and inheritance tax planning. And, for executors, we cover the laws of intestacy, the process of probate and contested probate.

Occasionally issues about wills and probate law arise in the news and media. We explore those issues that affect UK and EU citizens, such as changes to inheritance tax laws and pension schemes.

Have a browse for topics of interest. If you need legal advice on anything you come across, Contact Law can put you in touch with a specialist wills and probate solicitor near you.

Legal Services Board calls for will-writing to be regulated

In 2011, the Legal Services Board (LSB), which regulates all solicitors in England and Wales, gave notice to the Lord Chancellor that it was going to conduct a statutory investigation regarding the will-writing, probate and estate administration services. There is currently no legislation covering who may write a will, this was a particular area of [...]

Famous composer’s carer wins dispute with family

Since the death in 2006 of Sir Matthew Arnold, the Oscar-winning British composer, there has been a long-running battle over the division of his estate between two of Arnold’s children and their father’s long-term carer. On Wednesday the high court awarded Anthony Day the right to the manuscript of Arnold’s last symphony, and £62,500 back-pay [...]

Lead singer of the Monkees suffers fatal heart attack

The lead singer of the 1960’s band the Monkees, Davy Jones, has died after suffering a heart attack at the age of 66. Jones was loved by fans for his wit and enjoyed wide success through his career with the Monkees, a group which was originally set-up for a US TV series. Jones leaves behind [...]

Sibling rivalry highlights major inheritance issue

Adoption has long been a sensitive subject, with people’s lives and emotions at the fore. A recent case, though, has dramatically highlighted one of the potential flaws in the system. Sometimes, children become part of a family without being officially adopted. A non-biological family may consider their new member to be as dear to them [...]

L’Oréal heiress is put under guardianship as family feud continues

The family drama involving France’s richest woman, Liliane Bettencourt, took a dramatic twist on Monday 17 October as a judge rules she is no longer fit to manage her financial affairs. The judge in Paris ordered the 88-year-old heir to the L’Oréal fortune to be placed under the guardianship of her eldest grandchild, Jean-Victor Meyers, [...]

Partner of dead TV presenter loses legal battle for inheritance

The homosexual partner of the late TV presenter Timothy Hadcock-MacKay has lost his legal battle against the executors of the deceased’s will. Alexander Torquil Mackenzie-Buist told the Court of Appeal that the executors had “eroded” the value of Hadcock-MacKay’s estate and were in danger of leaving him with nothing. However, the court said Buist’s request [...]

Legal Ombudsman warns consumers ‘ripped off’ by unregulated will writers

The first annual report by the chief Legal Ombudsman, Adam Sampson, has revealed that a high number of consumers are calling his organisation to complain about the legal services they have received from non-regulated providers. In particular, thousands of consumers have been “ripped off” by unregulated will writers, resulting in invalid wills and high costs [...]

Lasting power of attorney – protecting those who can’t protect themselves

Lasting Power of Attorney (LPA) is a legal document which allows a donor to give permission for a loved one to become an “attorney” so as to make important decisions over particular aspects of their life. For a LPA to be considered, it’s vital that the donor has mental capacity to do so. If they [...]

Probate – granting wishes

‘Probate’ is the process of applying for permission to deliver the wishes of a deceased person as set out in their will, otherwise known as ‘administering’ their estate. This can often be a difficult and stressful time for many who have the responsibility of managing this matter, as it can become quite complex.  The person [...]

Wills- what’s mine will be yours

Wills are a very important and influential document. It’s one of the best ways of ensuring that when you pass away, your family, friends and chosen organisations all receive exactly what you wish them too. Wills aren’t legal requirements; however should you die intestate (without a will) then depending on your current place of residence, [...]

Daughter wins right to overturn mother’s will

Heather Ilott has won the right to overturn her mother’s will which left her entire £460,000 estate to three animal charities. The Court of Appeal ruled that Ilott has a right to make a claim on her mother’s estate as it was “unreasonable” of Melita Jackson, Ilott’s mother, to have made no provision for her.

Budget 2011: Inheritance tax reforms to encourage charitable legacies

George Osborne announced £540m worth of tax breaks for charities during his Budget 2011 speech on 23 March. The tax breaks include inheritance tax reforms aimed at encouraging people to leave 10% of their estate to charities. The Chancellor said his goal is for it to become the norm for every person to leave a [...]

Number of inheritance disputes rises

A will is one of the most important legal documents that an individual will prepare in their lifetime as it sets out what will happen to their assets after they die. However, the number of challenges to wills is rising, meaning what the individual intended and what actually happens to their assets may not be [...]

RSPCA launch appeal worth £2.5 million

Today the RSPCA is launching its challenge in the Court of Appeal to overrule a previous High Court judgement that overturned a will leaving the charity a legacy of £2.5 million.

Number of adults without a will rises to 30 million

The number of adults in the UK without a will has risen to 30 million, an increase from 28 million in 2009. This is despite 92% of adults having a clear idea of who they would like to inherit from their estate.

Research suggests inheritance law is outdated

New research conducted by the National Centre for Social Research on behalf of the Law Commission shows that two-thirds of the population do not have a will. This means that when they die, their estate will be distributed according to inheritance law, namely the Intestacy Rules. Inheritance law is contained in legislation from 1925 and [...]

Does every estate need a grant of probate?

Whether or not an estate needs a grant of probate will depend on the value of the assets that make up that estate. Generally, small estates that have a value of less than £5,000 and where all the tangible assets such as property are jointly owned with someone else, probate will not be needed. You [...]

What are the powers under a lasting power of attorney?

A lasting power of attorneys is made by a person with capacity, over 18 years of age, enabling another person to make decisions on their behalf in the event they become unable to make such decisions. A family law solicitor can explain how lasting power of attorney operates in practice. There are two types of [...]

What formalities follow the death of a person?

When someone dies what you do afterwards depends on the circumstances surrounding their death. A death normally needs to be registered within five days. Usually the best course of action when registering a death is to go to the registry office in the area in which the person died. When registering a death you need [...]