Wills and Probate

access law offer a comprehensive and affordable Will writing service together with a full range of services on all matters of probate and inheritance.

Making a Will

The most important thing to remember concerning Wills is that it is better to make a Will than not. Many view making a Will as something to be "put off" or as somehow tempting fate; it isn't - you are highly unlikely to drop dead simply because you made a Will. There are thousands of Wills in storage throughout the country, all belonging to perfectly healthy people (whose minds are clear of the worry that should they die suddenly their loved ones might not be taken care of or receive what is due to them).

It is also important to keep your Will up to date. A Will becomes invalid if you subsequently marry (or re-marry). Beneficiaries may increase (eg. you may have additional children or grandchildren) or die and / or Executors may die.

If you don't make a Will, your estate will be disposed of under the rules of Intestacy, which may not be the way you intended. For example, if you are living with someone but not married to them (and have no children), your estate will pass to your parents or brothers and sisters rather than to your cohabitee. Please see below for more details.

What we will need to write your Will:-

We will then draw up a DRAFT copy of your Will for you to approve. This is in order to ensure that there are no errors or omissions. Once you have approved the draft, the Will itself will be printed.

Signing your Will

You must sign the Will in the presence of 2 independent witnesses (ie. people not otherwise mentioned in the Will as Beneficiaries, Executors or Trustees or their spouses). Our staff are happy to witness your signature should you so wish and no charge is made for this.

Storing your Will

Your Will is an important document which should be stored in a safe place. Make sure that those who need to know about your Will can find it (remember you won't be there to help them!). access law are happy to store your Will for you at no extra charge.

So how much will it cost?

Our prices are highly competitive. We offer reductions for existing* clients and couples who both make Wills at the same time. Prices quoted INCLUDE VAT.

* existing client means that access law have acted on your behalf in the preceding 3 months in a conveyancing or family matter.

Public Funding

You may be eligible for Legal Help to make a Will depending on your means and circumstances.

Home and Hospital Visits

If you are unable to come to see us about your Will (or any other matter) we can visit you if you are in the Southampton area.

Wills by Post or email

We can draw up a Will for you based on your instructions sent by post or email and then send you the completed document by post or as an attached WORD document. There is no additional charge for this service.


Intestacy - what happens if someone dies without having made a Will

The rules governing what happens to someone's estate after they die are set down in law. These rules are quite complicated and can at times result in the estate being divided up in ways that the deceased would probably not have wished. Below is a flow chart which summarises the main rules:

access law LLP, wills and probate solicitors in Southampton - intestacy flowchart

These rules may have several unexpected or unwanted consequences, for example:-

The best way to deal with these potentially unwelcome consequences is to make a Will. Many Wills are actually made as much to prevent the "wrong" people inheriting as to ensure the "right" people do.

A dependant can make a claim against the deceased's estate for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if they do not inherit under the Intestacy Rules. However, this involves Court proceedings and there is never any guarantee that the case will succeed.

Cohabitees can only make a claim if they have been living together for more than two years and the cohabitee was being maintained at least partly by the deceased. If both cohabitees are deemed to be financially independent then a claim may not be successful.


Probate

The word "probate" basically means to prove and is a legal document required when someone has died to prove the person dealing with their estate is the correct person.

An official Grant of Probate is needed to be able to sell a house or if there is a large sum of money in a Bank account or insurance policies to recover.

A Grant of Probate is obtained when there is a Will, but if there is no Will the laws of Intestacy apply and the beneficiaries then apply for Letters of Administration, which has the same effect as Probate.

However if the estate is small, usually less than £15,000.00, some organisations such as insurance companies and building societies, may release the money to the beneficiaries at their discretion, without the need for Probate or Letters of Administration.

This is called the Small Estates exempt procedure and usually the organisation just require a form completed, which sometimes has to be signed in the presence of a Solicitor.  The Solicitor will need to see the Death certificate of the deceased and evidence of identification of the person signing, such as passport and utility bills.

We deal with matters of Probate such as:

You may be eligible for Legal Help/Public Funding

This page last updated 29 - May - 2010

Author: G. L. Hewstone