Wills & Probate

Our expert wills and probate solicitors can draft a valid will for you, to ensure your loved ones are provided for. Our lawyers have participated in Free Wills Month and Amnesty Make a Will Fortnight. We are specialist in Will Drafting, Probate, Discretionary Trusts Interest in Possession Trusts and Contested will and probate.

Why do I need a will?

Although it isn’t something many of us like to think about, it is impossible to predict the future; therefore, it is vital to have a will in place so that you can be sure your final wishes will be fulfilled should you pass away. Without a will, the rules of intestacy decide who will inherit from you, meaning that some of your loved ones could be left unable to inherit from you; for example, at the time of writing, the rules of intestacy do not allow unmarried partners, step-children or friends to automatically inherit.

A will may also be necessary to:

  • Pass on a family business
  • Avoid a hefty inheritance tax bill
  • Confirm what you would like to be done with your remains

For an idea of what your will should contain, please see our blog post on The Fundamentals of Drafting a Will.

It is also important to ensure existing wills are updated every so often. After experiencing a major life event, such as the birth of a child or a separation, the way in which you wish for your estate to be distributed may well change. If you have a valid will when you die, that will usually be followed regardless of any events which have happened unless your beneficiaries choose to vary the will.

Do I need a solicitor to make a will?

Although there technically is no legal requirement for a solicitor to make a will, it is definitely worth the investment to have your will drawn up or at least checked by a qualified Wills solicitor. A wills solicitor can help you ensure that your will is drafted correctly, which can save you the time and cost of having to rectify mistakes. Plus, having a solicitor draw up or check your will minimises the chances of a problem arising when it is time for your estate to be distributed, as there will be a reduced chance of ambiguity.

Can I contest a will?

You may be able to contest a will if:

  • The Will was not correctly signed by the testator (the person who made the will)
  • You believe the testator was not fully aware of the will’s contents
  • You believe the testator’s signature was procured by way of undue influence
  • You believe the will is fraudulent or a forgery
  • You believe that there was a clerical error or mistake in the will made by the person who prepared it

To find out more, see our page on Contested Wills and Probate.

What can I do if I think a will is unfair?

In some circumstances, the beneficiaries may be able to vary a will to change who inherits what; for example, beneficiaries may choose to vary a will to include a grandchild born after the will was made or include an estranged loved one that was left out.

Why instruct Starck Uberoi for my wills or probate matter?

Our wills and probate department have received Law Society Accreditation under the Wills and Inheritance Quality Scheme (WIQs) in recognition of the high standard of service we provide. We have extensive experience in handling a wide variety of wills and probate matters, from basic will drafting to complicated contested probate matters, so you can be confident that our team can ensure your matter is handled efficiently and with care.

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