Wills & Probate

Wills

A “Will” is a witnessed document that sets out in writing the deceased’s wishes for his or her possessions, (called his or her ‘estate’), after death.

A will can ensure that proper arrangements are made for your dependants and that your property is distributed in the way you wish after you die, subject to certain rights of spouses/civil partners and children.

There are many legal requirements around the writing of a valid will, and at Charltons Solicitors we have many years of experience in advising and helping our clients draw up their wills. It is an area of law that can cause a lot of anxiety for the client, so rest assured you are in safe hands with us.

Although the making of a will is a really important life job, so many people put it on the long finger. The best time to make a will, or execute a power of attorney, is when you are in the full of your health. Both documents can reduce the potential for unwanted outcomes at a time when it is no longer possible to execute them.

Probate

When a person dies, it is sometimes necessary to apply for a “Grant Of Representation” of a person’s estate. This is often referred to as a “Grant Of Probate”.

It is a formal legal process, which authorises someone to deal with a deceased person’s estate, (that is, property, money and other possessions, owned by the deceased at the date of death).

Taking out probate basically means having the Probate Office or the appropriate District Probate Registry certify that a person’s will is valid and that all legal, financial and tax matters are in order so that the executor or administrator can be allowed to get on with the job of distributing the estate.

“Proving” the will is the process by which the Probate Office accepts that the will is valid and may be put into effect.

We provide confidential and practical advice around all issues of wills and probate. If you are incapacitated or would simply prefer to see us in your home, at no extra charge, we are happy to travel to see you rather than you coming into the office.