Wills & Probate
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In order for a valid Will to be written on behalf of a client, that person must demonstrate their mental capability – that is, understand fully the decisions and implications involved in writing their Will – and be at least 18 years old. Individuals under the age of 18 and in active military service are permitted to write Wills.
A Will is only valid if the following criteria are reached:
• The Will was made without threat or pressure from a third party
• The Will is in writing and signed by the person whose Will it is
• The Will is signed by two witnesses, each present at the original signing
• The Will is dated by all those signing it.
No amendments or additions should be made after the will has been signed.
Please call us free on 0800 043 2811 for further information.
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Choosing WitnessesYou may choose any person of the age of 18 to act as a witness to your Will. However, those persons choosing should neither be, nor be married to, a beneficiary or executor of the Will. Anyone witnessing the Will and named as a beneficiary will lose their right to the benefit when the person dies.
What is Probate?Probate – also known as ‘Probate of the Will’ – is a document that provides authority to executors to deal with the wishes and assets of the deceased. The document proves to various organisation that you have the right to deal with estate assets and funds.
Probate ensures that assigned executors carry out their tasks according to the law and the wishes set out in the Will. Where no Will was left (and therefore no executors named) the official document is referred to as ‘letters of administration’.
Is Probate Always Necessary?Not always – Probate can be foregone when:
• Very little property or few assets were left
• Everything owned was held in joint names with a surviving person (usually husband of wife) to whom it will be passed automatically; or
• Less than £5,000 is left in any accounts – although banks and building societies may insist on Probate)
Probate may be necessary if the writer of the Will had any life insurance or similar policies that will be paid to the estate. Similarly, if they have chosen to give away large gifts or sums of money in the seven years prior to their death – in this instance, Inheritance Tax will be payable on these amounts.
A nil rate band is reviewed each year, which allows a certain amount of money to be left to beneficiaries without the necessity to pay Inheritance Tax – advice should be sought about the current band rating.
If the person gave away their home as a gift but continued to live in it rent-free, the property’s value will count towards the assets of an estate upon their death and Inheritance Tax will still have to be paid regardless of the date they gave the property away.
Applying for ProbateYou may apply in person for probate or letters of administration, or you may instruct a solicitor, who can apply on your behalf. You apply to:
• The Principal Registry; or
• A district Probate Registry.
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