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:-
- Your full name and address;
- The full names and addresses of all your intended Beneficiaries, Executors and Trustees;
- Details of any specific bequests (eg. amounts of money, items of jewellery etc. etc.) and who should receive them.
- If you want to leave a bequest to a favourite charity then you should provide the name and address of the charity. If you want to choose a charity then visit the Law Society's Gazette Charity and Appeals Directory at:- This provides a categorised database of charities together with much other useful information.
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.
- single person: £100.00
- couple: £150.00
- single person, existing client *: £80.00
- couple, existing client *: £120.00
* 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:
These rules may have several unexpected or unwanted consequences, for example:-
- Step children (or step grandchildren) do not inherit. Irrespective of how much a part of the family step children or grandchildren may be, they are not eligible to inherit a penny because there is no blood relationship. Thus a father who has loved and supported his step-child for a number of years would not pass any money on to that child in the event of his death.
- Cohabitees do not inherit. If a couple live together but are not married (or civil partners) and one dies, the other receives nothing. This includes situations where the family home is in the sole name of the deceased cohabitee where the surviving cohabitee will find themselves without a home.
- Separated or estranged spouses (or civil partners) may get everything. Even if a married couple (or civil partners) have been living apart and made new lives for themselves, if they are still legally married (or civil partners) then the rules say that one will inherit in the event of the death of the other. Depending on the value of the estate, this may mean that an estranged spouse inherits the entire estate leaving the deceased's children with nothing.
- Ultimately the Crown takes everything. If you have no surviving close relatives then the Crown (ie. the Government) gets the lot. Any charity, worthy cause or close friend will not receive anything or even be in a position to make a claim for it.
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:
- Administering estates (whether or not the deceased left a Will, despite the advice given here!);
- Contesting Wills - a Will may be invalid if a person is not mentally capable of making a Will or has been unduly influenced in any way. The person must also be over 18 (unless in military service);
- Disputes under the Inheritance Act (claims by dependants). If the Will is not invalid by way of mental incapacity or undue influence, it may still be contested by a dependant (eg. spouse or child) on the grounds that the Will doesn't make reasonable financial provision for them. If there is no Will, there can still be a claim that the laws of Intestacy don't sufficiently provide for dependant(s).
You may be eligible for Legal Help/Public Funding
