Wills

In Brief Research from the Money and Pensions Service in 2025 revealed that 56% of UK adults aged 18 and over did not have a Will.  Will solicitors don’t know how many people with Wills need a new one because their current one no longer reflects their personal or financial circumstances. Whilst writing a Will is an excellent way to protect your loved ones, your Will needs to be updated if your family life evolves or your estate changes.   Our Will and estate planning lawyers can explain whether your Will needs updating and prepare a new Will for you. Contact Evolve Family Law For Help With a New Will.    Is a Will For Life? A Will can be for life, as Will solicitors always try to write a Will that is precise but not overly specific. With careful, expert drafting, a Will may not need to be reviewed or changed for several years. Examples of how an estate planning solicitor can give a Will longevity include: Not naming children or grandchildren if the Will maker wants all their children or grandchildren to inherit, and there is a possibility that more children will be born after the Will is signed. Substitute beneficiaries are included in case a beneficiary predeceases a Will maker, so the Will leaves the estate to alternate beneficiaries.  The use of discretionary trusts in Wills and the careful appointment of trustees. Despite the care taken by Will lawyers when drafting a first Will, sometimes estate planning solicitors recommend that a new Will be signed or a codicil prepared. The Difference Between a New Will And a Codicil The difference between a new Will and a codicil is that a new Will revokes any earlier Will, while a codicil does not do so because it is an addendum or add-on to the earlier Will.   A Will lawyer will carefully consider an existing Will and the extent of the changes required and recommend either a new Will or a codicil. Sometimes a new Will is essential when the changes are wide-ranging, or when a codicil might raise questions about its impact on the Will's provisions.  An example of when a codicil may be appropriate is when a Will maker wants to add a specific bequest—for example, leaving their engagement ring to their daughter. An example of when a new Will may be appropriate is when an estate has grown in size since the first Will was signed, and the testator wants to engage in estate planning to make their new Will as tax-efficient as possible. Reasons For a New Will  If your Will was a DIY Will, prepared by a non-specialist lawyer or signed some years ago, it's best to check if you need a new one.   Sometimes, people do not realise that their Will is no longer fit for purpose and needs a complete overhaul. That is because changes in personal or financial circumstances may not seem legally significant to you, but they can be. Reasons for a new Will include:  The executors of the Will have passed away, and there is no substitution of executor clause in the Will. The Will maker has married. The Will maker is in a new cohabiting or unmarried relationship.  The testator has separated from their wife, husband, civil partner or partner. The Will maker has children or grandchildren, and their existence was not contemplated, and they were not referred to in the original Will. There are stepchildren or step-grandchildren that the testator would like to leave a legacy to, and although the children and grandchildren were included as beneficiaries or substitute beneficiaries in the first Will, the wording does not include relatives by marriage.  Covering unforeseen events not anticipated in the first Will. For example, if the original Will did not say what would happen if one of the beneficiaries predeceased the testator.  Age of inheritance – a Will maker may want to change the age at which their beneficiaries can inherit. For example, increasing the age from 18 to 25, or expanding trustees' powers to advance some of the inheritance funds to underage beneficiaries to help pay for education fees or other specified expenses. Change in a beneficiary’s personal or financial circumstances. This could range from a beneficiary becoming bankrupt to winning the lottery, so the Will maker wants to adjust the legacies to them in the Will. A plan to reduce the risk of a Will challenge or estate claim. A new Will may help reduce the risk of estate claims by evidencing the testator's capacity to make the Will or by including measures to reduce the potential for dependency claims.   There are many other reasons a Will may need to be reviewed. It is best to seek legal advice every couple of years to ensure your Will still meets your needs and protects your family and loved ones.  [related_posts]   Changing a Will if a Beneficiary’s Circumstances Change You may think that a change in your beneficiary’s personal or financial circumstances is not relevant to your Will or estate planning. However, estate planning solicitors recommend that you consider whether to review your Will if your beneficiary: Gets married. Separates or divorces their spouse. Has children. Is made bankrupt. Receives lifetime gifts from you or another family member.   Shows that they are not good at managing their finances. Reviewing your Will does not necessarily mean you will reduce the size of the legacy left to a beneficiary. Amending the wording of a Will may provide your beneficiary with protections and help safeguard family money. There are several other situations in which a change in a beneficiary's financial or personal circumstances may justify amending your Will. If you are unsure about the benefits of updating your Will, contact a Will solicitor for advice.  Reasons for Changing Your Will if a Beneficiary’s Situation Changes  Here are several reasons and explanations for why you may want to change your Will because of a change in a beneficiary’s circumstances: A beneficiary’s change in relationship status. If a beneficiary lives with a partner or marries, you may want them to consider signing a cohabitation agreement or prenuptial agreement to help safeguard the money you are leaving them in your Will. You may be keen to keep your gift ‘in the family’ and avoid the possibility that an unmarried partner, or a husband or wife, could claim a share of the legacy if your beneficiary receives their inheritance and then separates. If a beneficiary is cohabiting and uses the legacy to pay off the mortgage on a property jointly owned with their partner, half of the legacy could be lost if the beneficiary separates from their partner. Equally, if a beneficiary marries without a prenuptial agreement, they could lose the money inherited from you if they divorce, as the legacy would not be ringfenced.   A beneficiary’s separation or divorce – if a beneficiary is going through a difficult separation or divorce, you may not want them to inherit a substantial legacy that could be the subject of a divorce claim. There are ways to change a Will, so your beneficiary can still receive a legacy or share of your estate while reducing the risk that the legacy will be partially inherited by their spouse.  A beneficiary has children -  if your beneficiary has children, you may want to change your Will to say that if your beneficiary predeceases you, their share of your estate will be inherited by their children. Alternatively, if your beneficiary is financially comfortable, you may prefer to leave your planned legacy to their children or in a discretionary trust. A beneficiary is made bankrupt – if your beneficiary inherits money during their bankruptcy, their trustee in bankruptcy will use the money to pay off debts. If a beneficiary is self-employed in a high-risk sector or is financially imprudent, there are measures you can take in an updated Will to protect the legacy and your beneficiary.  A beneficiary receives lifetime gifts from you or another family member – the lifetime gifts may have been made to reduce your estate’s liability to pay inheritance tax, or to help your beneficiary buy their first house, pay children’s school fees or to assist with their financial recovery after a separation or divorce.  Lifetime gifting to one beneficiary may require an update to the Will to reflect the lifetime gifts that one child or grandchild has received if fairness and equal financial provision are important to you. If further gifting is possible, careful Will drafting can achieve fairness without the need to keep changing the Will. A beneficiary is not good at managing their money – this situation may prompt a Will maker to question whether a beneficiary should receive the planned legacy or how to write the Will in a way that protects the beneficiary. There can be several ways a beneficiary may struggle with money, such as their young age, a love of spending, a vulnerability to gambling, a financially abusive spouse, an injury or a health condition. A Will can include a discretionary trust to protect a vulnerable beneficiary or one who could benefit from income or capital advances from trustees, rather than an outright inheritance. Alternatively, the testator may prefer to amend the Will to say that a beneficiary should inherit at age 30, rather than at age 18 or 21. Whatever a beneficiary’s circumstances, an expert Will solicitor can discuss your Will concerns and explain your options and create an updated Will that helps address your beneficiary’s change in circumstances. Contact Evolve Family Law for a New Will    Updating your Will is one of those chores that we sometimes put off, but it is best not to. If you are uncertain about whether your Will needs reviewing and updating, talk to one of our specialist Will lawyers for comprehensive and expert advice. Contact Evolve Family Law For Help With a New Will.  Frequently Asked Questions on Wills Do I need to know what I want to put in my Will before I see a Will solicitor?  It is helpful to have an idea of what you would like to put in your Will. However, many people make an appointment to see a Will lawyer without knowing exactly what they want to put in their Will and are receptive to advice on how to structure their Will to estate plan and minimise inheritance tax, protect young or vulnerable beneficiaries and how to create a Will that reduces the risk of a successful estate claim by a disappointed family member. Can I leave my estate to my preferred choice of beneficiaries? In England and Wales, there is no law requiring a testator to leave a specified percentage of their estate to their spouse or children. However, if you are married, in a civil partnership, or in a relationship akin to marriage for over two years, have children or other dependants, a claim could be made against your estate if it is asserted that the Will is invalid or does not make reasonable financial provision for a potential claimant. An estate planning lawyer can advise on how to reduce the risks of an inheritance claim.   What happens if I die without a Will? If you die without a valid Will, your estate is distributed to family members according to legislation. Who inherits your estate is set out in the intestacy rules. Non-biological family, such as unmarried partners or step-children, will not inherit under the intestacy rules. The rules can produce very unfair results and lead to court proceedings alleging that the intestacy rules do not make reasonable financial provision for a claimant. What happens if I do not update my Will? If your financial circumstances change, but you do not update your Will, your earlier Will remains valid. If you marry, your earlier Will is revoked unless the Will was made in contemplation of marriage. If you divorce after signing a Will, some provisions in your Will may no longer be effective.  It is best to talk to a Will solicitor about the impact of any change in financial or personal circumstances because if your Will is not up to date at the time of your death, there is an increased risk that a partner or family member will make an inheritance claim and allege that the Will does not make reasonable financial provision for them. What should I include in my Will? What is included in your Will is your decision, but it is usual to:  Appoint executors and trustees to administer your estate. Appoint a testamentary guardian if you have dependent children.  Give legacies or bequests to specified beneficiaries. Leave the residue of your estate, after debts are paid off, to a beneficiary (for example, your spouse) or a class of beneficiaries (such as all your children alive at the date of your death).   Create trusts.  A Will lawyer will advise on how to ensure that your Will reflects your wishes but is as generic as possible to reduce the need for regular Will updates. For example, by referring to the children alive at the date of your death rather than naming each child.  How will getting married or entering a civil partnership affect my Will? If you marry or enter a registered civil partnership, this automatically cancels your Will unless the Will specifically says that it was written in contemplation of your planned marriage. If you intend to marry, it is best to talk to a Will solicitor and a prenuptial agreement lawyer about a new Will and relationship agreement.  What is an executor? An executor is the person or organisation named in your Will as responsible for administering your estate.  This means obtaining probate, paying any debts and taxes, paying any specific legacies and distributing the remainder of your estate amongst your residuary beneficiaries. Executors can be held liable if they make a mistake, such as paying insufficient inheritance tax or paying the wrong amount to a beneficiary. This is one reason why Will makers often appoint their Will solicitor to be an executor of their Will. Alternatively, lay executors can instruct probate solicitors to handle the estate for them.  Can an executor of a Will be a beneficiary of the Will? An executor of a Will can be a beneficiary named in the Will. For example, it is usual for a spouse to be appointed as one of the executors and to be the sole or main beneficiary in a Will. Can an executor decline to act as an executor? It is best to ask your proposed executors whether they are willing to serve as executors and to update the Will if they are no longer able or suitable to act as executors. After a Will maker has passed away, an executor can request to be released from the role. Alternatively, they can ask a probate lawyer to administer the estate for them. This can help to reduce the administrative burden, risks, and stress that some executors struggle to cope with during a bereavement. What is the residuary estate? The residuary estate is the money that is left after your executors have: Paid the funeral expenses. Paid inheritance tax and any other outstanding tax due to HMRC. Paid any debts, such as a credit card bill or bank loan. Paid any monies outstanding because of the sale of assets, such as estate agent fees or conveyancing solicitors' costs. Paid any specific gifts to beneficiaries, such as a gift of £500 to each of the Will maker's grandchildren. Discharged the probate solicitors' bill for administering the estate. What is left is the residuary estate. Normally, this is the bulk of the estate unless the Will maker made large specific bequests. What is a mirror Will?   Some spouses, civil partners or unmarried couples choose to make mirror Wills. These are separate Wills, but the Wills mirror one another. In typical mirror Wills, the testator leaves their estate to the other partner, and the partner who dies last leaves their estate to their child, and, if more than one child, in equal shares. Are mirror Wills binding?  After a mirror Will has been signed, the Will maker can change their Will. They do not need to tell their partner that they have done so. After the first partner dies, the surviving Will maker can remarry or make a new Will leaving the entire estate to a new partner rather than to the children from their first marriage. Do I need a Will solicitor to write a Will? You can do a DIY Will or use a Will writer who is not a lawyer to write your Will for you. However, your Will may not say what you intended it to say or may not be as tax efficient or as watertight from the risks of a Will challenge. A Will lawyer at Evolve Family Law can explain our Will-writing services and the likely fixed costs and timescales. Contact Evolve Family Law For Help With a New Will. 

When you have suffered a bereavement, it can be hard to navigate the steps you need to take to sort out a loved one's estate. In this article, our probate solicitors outline what a grant of probate is and explain whether you will need to obtain probate. Get in Touch With us Today for Estate Administration Advice. What is probate? Probate is the legal process of proving that a Will is valid. Probate gives the executors of the Will the authority to administer the deceased's estate. It is best to speak to a probate lawyer about probate, as the executors named in the Will can only normally access funds to pay debts, transfer or sell assets or distribute the estate in accordance with the Will after the grant of probate has been obtained. What is a grant of probate? A grant of probate is the legal document that gives the executor of a Will the legal authority to act. Without the grant of probate, third parties, such as banks, the land registry or financial institutions, will not act on the instructions of the executor of the Will. The grant of probate gives third parties the official evidence they need to prove that the deceased has died and that the person contacting them is the authorised executor or administrator of the estate. Intestacy and letters of administration If a deceased dies without making a Will, it is called dying intestate. Instead of applying for probate, the administrators of the deceased’s estate apply for letters of administration, in a similar process to a grant of probate. Executors and probate The executors named in the Will are responsible for gathering in the estate, paying any debts or taxes and then distributing the estate to the intended beneficiaries. Most executors don’t deal with the probate personally but instead instruct a probate solicitor to deal with the legal work for them, with them retaining overall control of the administration by giving instructions to the solicitor. If the deceased died without making a Will, the intestacy rules specify who can administer the estate and who will receive it. The administrator has a role similar to that of an executor. How to apply for a grant of probate Usually, the process of obtaining a grant of probate and administering the estate involves: The executor, or the probate solicitor instructed by them, obtains information about the assets and any debts. The grant of representation is applied for. An inheritance tax form is completed and, if necessary, any IHT is paid. The grant of probate is received. The assets of the estate are gathered in. For example, shares or the family home are sold. Any debts payable by the estate are discharged. For example, outstanding utility bills on the family home. The estate is distributed in accordance with the Will or intestacy rules. The probate lawyer prepares estate accounts to show the monies and assets received, debts and taxes paid and how the estate was distributed. When probate is complicated Some grants of probate are straightforward, but others can be complicated. Examples of potentially complex probates include: If the named executors in the Will do not get on with one another. If the beneficiaries named in the Will are likely to challenge the speed or work of the executors in securing the grant of probate and distributing the estate. If the validity of the Will is challenged. If there is a dispute over the Will and questions over whether the deceased made fair financial provision for a dependant. If there are likely to be complicated inheritance tax or capital gains tax issues. The size of the estate or the nature of the assets. For example, where the estate consists of a large buy-to-let property portfolio or overseas assets, such as a holiday home. The beneficiaries want to change the estate distribution by making a deed of variation. [related_posts] Who pays for probate? Some people think that if they are named as an executor in a Will, they must personally obtain the grant of probate. That isn’t normally the case, as an executor can choose to instruct a probate solicitor. The estate pays the costs of instructing a solicitor before it is distributed to the beneficiaries. The probate solicitors’ cost will depend on the size and complexity of the estate. Evolve Family Law believes it is very important that fees are transparent, and we publish a price guide. For a bespoke quote, please call us so we can review the work you would like us to do. Is a grant of probate necessary? In some family situations, an executor, a loved one or a beneficiary will question whether a grant of probate is necessary. In situations where the estate is very small, a grant of probate may not be necessary. The requirement for probate does not depend on whether there is a Will or whether a husband or wife is inheriting the entire estate. Instead, the requirement for probate depends on the size and nature of the estate's assets. If there is a property to sell, a grant of probate will always be required. If you aren’t sure whether a grant of probate will be needed or not, our Manchester and Cheshire probate solicitors are always happy to advise you on whether a grant of probate is needed and, if so, the likely probate solicitors’ fees for securing probate for the estate. Get in Touch With us Today for Estate Administration Advice.

You can write your own Will. However, if you don’t get your Will right, the problems are not discovered until after the Will maker’s death, leaving their loved ones to cope with their bereavement and the complexities of trying to sort out the estate. That’s why Will Solicitors recommend getting specialist advice on your Will and estate planning. In this blog, Estate Planning Lawyer Chris Strogen examines some of the common problems encountered with do-it-yourself Wills. Contact Evolve Family Law for help with writing your Will. Do I need a Will? All adults need a Will, whatever their personal or financial circumstances. Here are some common reasons why people realise they need a first Will or to change an existing Will: Getting engaged or married. Living with a partner in a cohabiting or non-married relationship. Buying a house. The birth or adoption of children. A period of ill health. Separating or divorcing. Complicated blended family circumstances with children from different relationships or step-children. A recognition that if you pass away, your financial dependants, such as your young children or partner, need financial protection. A desire to make specific bequests of items of sentimental value to family members or to leave a share of your estate to a favourite charity. Setting up a business or going into a partnership. Deciding to estate plan and providing family members with lifetime gifts, such as a house deposit. Recognition that your estate has grown and inheritance tax will be payable. The death of a loved one and receipt of an inheritance. The sale of a family home or business. Acting as executor of a loved one's Will or as the administrator of an intestate estate and realising why a well-written, up-to-date Will is required. Even if none of these trigger events is relevant to your circumstances, you still need a Will. It is best to get one ready when it is not an emergency, so you have plenty of time to organise it.     DIY Will or a professional Will by a Will Solicitor Having acknowledged that they need a Will, some people are tempted to write their own Will because they think ‘’how hard can it be to put down on paper what will happen to my money?’’ The answer is that it can be surprisingly easy for someone to prepare a Will that is either not legally valid or doesn’t say what they meant it to say. That’s why a professionally drawn up Will is an investment and should give you and your family peace of mind compared to reliance on a DIY Will or free Will where the Will writer has not spent the time getting to understand you, your wishes and your family and financial circumstances. [related_posts] Common problems with Do-it-Yourself Wills Here are a few of the common problems with DIY Wills: The Will is not valid. Not all the assets are included in the Will. The wording in the Will has unintended consequences. Family members think the DIY Will can be challenged and contested. Examples of problems with DIY Wills Here are some examples of how common Will problems can have massive consequences for loved ones: Will validity issues One person witnesses the Will. Two people need to witness the signing of the Will. If they don’t do so, then the Will isn’t valid. One or both witnesses to the signing of the Will did not see the Will maker sign his or her Will. If the Will is challenged, its failure to be properly executed could render it invalid. Two people witness the Will, but one of the witnesses (or their husband, wife or civil partner) is left a share of the estate or a legacy in the Will. Although the Will is legally valid, the gift to the beneficiary (or their spouse or civil partner) is void. Not all the assets are included in the Will The Will writer assumed that their jointly owned family home would pass by their Will. That will not occur if the family home is owned as joint tenants and the joint tenancy was not severed. The deceased’s share in the family home will pass to the surviving co-owner, whatever the terms of the Will. The Will writer thought their pension fund monies would go to a loved one under the provisions in the Will, but the scheme rules say that the pension fund passes by nomination rather than through the provisions in a Will. The wording in the Will has unintended consequences The Will leaves the family home or business to a beneficiary, but at the date of death, the family home or business has already been sold. The beneficiary isn’t entitled under the terms of the Will to the sale proceeds of the family home or business. The beneficiary may therefore end up with nothing whilst the person writing the Will thought they were leaving their most valuable assets to a named beneficiary. After making various specific gifts to beneficiaries, the Will doesn’t say what will happen to the balance of the estate, referred to as the residue. That could result in a partial intestacy, with some of the estate passing to unintended beneficiaries under intestacy rules. The Will does not say who will receive a gift or the residue estate if the named beneficiary dies before the person writing the Will. The gift will not go to the intended beneficiary's nearest relative and instead will fail. This will increase the size of the residuary estate. If the person who is gifted the residue of the estate passes away before the Will maker and there is no substitute beneficiary named in the Will, then the residue of the estate will pass in accordance with the intestacy rules In addition, with a DIY Will, a Will maker might not carry out any inheritance tax planning as part of their Will preparation. Not taking this step could mean the difference between the estate paying no inheritance tax or thousands in inheritance tax. These are just a few of the things that can go wrong when you choose to write your own Will. Sadly, it is often not until it is too late, and someone has passed away, that friends and family learn of the unintended consequences of a poorly prepared do-it-yourself Will, and the emotional and financial costs of trying to rectify problems or deal with inheritance disputes and challenges to the Will. Using a Will Solicitor to write your Will Sometimes people put off seeking advice on writing a Will because they think their financial or personal circumstances may change, and they do not want to keep changing their Will. That is normally not necessary, as a Will can provide for the birth of future children or grandchildren (they do not need to be specifically named) and can be made in contemplation of a forthcoming marriage.    If you are concerned about the cost of getting a professionally drawn up Will, then a solicitor can talk you through the cost. Evolve Family Law publishes a price guide for the services we provide, including the cost involved in preparing a Will or Lasting Power of Attorney for you. Many realise that getting an expert to write a Will is not only not expensive but also provides the security of knowing that your loved ones are properly protected. Contact Evolve Family Law for help writing your Will.

About one-third of all UK marriages are second marriages. If you are in a second marriage or planning one, you need to know about Wills, estate planning and second marriages. Get in Touch With us Today for Will and Estate Planning Advice. The impact of a second marriage on your Will When you get married for a second time, your remarriage cancels your Will. You are treated as dying without a Will if you remarry and do not make: A new Will specifically said to be made in contemplation of your second marriage, or A new Will made after your second marriage. Dying without a Will is also called dying intestate. First Wills and second marriages If you do not make a new Will when or after you remarry, the relatives who were going to receive your estate under your first Will won't be able to use your first Will to obtain probate and won't receive their legacies under that Will. Instead, to get a share of your estate, they will either need to: Rely on the intestacy rules on estate distribution, or Bring a claim against your estate. The estate claim could bring them into conflict with your second husband or wife or other relatives receiving your estate under the intestacy rules. The intestacy rules and second marriages The intestacy rules say that if you die without a valid Will, your estate is distributed as follows: If you are married with children (from a first or later marriages or relationships), your surviving husband or wife gets the first £322,000 of your estate and all your personal items (chattels). The rest of your estate is divided equally between your spouse and your child. If you have more than one child, the children share the remainder equally. If you are married but do not have children, grandchildren or great-grandchildren, all your estate is inherited by your second husband or wife. An example of intestacy rules and blended families Take the example of Mike, who married Claire. It's the second marriage for both, and they each have three children from earlier relationships and first marriages. Mike dies after only 12 months of marriage to Claire. He leaves an estate worth £900,000. Out of the £900,000 pot, Claire receives £611,000. Mike’s three children share the remaining £289,000, with each receiving around £96,000. In her new Will, Claire is free to leave the £611,000 inheritance from Mike to her three children from previous relationships. The complications of intestacy rules and second marriages If you have married for a second time and have not updated an earlier Will, your Will is cancelled, and the intestacy rules apply to the distribution of your estate. The intestacy rules are rigid and inflexible. They can't be adjusted to fit your family's circumstances. Although the intestacy rules cannot be changed, some people have the right to apply to the court for reasonable financial provision from the deceased’s estate because the intestacy rules did not provide them with any or sufficient money. Unfortunately, a claim against the estate can add to the anguish experienced by a family after a bereavement and pit a widow or widower against the rest of the family. Take the example of Mike and Claire again. Claire is told three people are claiming a share of the money due to be distributed to her under the intestacy rules: Mike’s former wife is bringing a claim against the estate because Mike paid her spousal maintenance. She has grounds to bring a claim as Mike's dependent former spouse. Mike’s adult son is disabled and says the £96,000 isn’t a reasonable financial provision because whilst he needs somewhere to live, Claire is due to get £611,000 and already has her own house, pension and savings. Mike’s youngest daughter is going to university and says she needs financial help from her dad’s estate to support her through university. These claims could be expensive to resolve, and it could take a long time for the estate to be distributed. Your views on whether the intestacy rules are fair may be coloured by factors such as: Mike and Claire jointly owned a family home. The house is valued at one million. As Mike and Claire bought the house as joint tenants, Claire gets the house under the right of survivorship. That means she inherits Mike’s 500,000 of equity in the property and the £611,000 under the intestacy rules. Mike had a few pensions at the time of his death. As he had not completed any pension nomination forms, Claire will receive the pension income and be able to draw down funds as his widow. Mike and Claire signed a prenuptial agreement before their wedding. The agreement said that neither Claire nor Mike would have a claim to the other’s money if they divorced within three years of their marriage. Although the couple were only married for 12 months before Mike’s death, the prenuptial agreement does not apply as it only governs how their assets are divided if they divorce. Writing a new Will when you are part of a blended family  Will solicitors are told that a common reason for delay in making a Will after a second marriage is the fear of getting the contents wrong and creating unfairness between a new spouse and stepchildren or between half-siblings. Lawyers specialising in Wills know that balancing the needs of a second spouse with those of adult or young children, as well as any extended family or charitable bequests that may have featured in an earlier Will signed before the second marriage, can be hard. Talking to a Will solicitor can help you understand your options and provide information on how a new Will can include flexible provision and can be written in a way that caters for the needs of a second spouse and any children or other dependants. Protecting your spouse and children When it comes to writing second marriage Wills, the priorities of the Will maker are usually: To be fair. To meet the needs of family members. To provide flexible provision because the needs of individual family members are likely to change between the date of the Will and the date the Will maker passes away. The priorities can usually be met with a specialist second marriage Will. These types of Will often include: Creation of a discretionary trust in the Will, or A life interest in all or part of the estate for the second spouse, or The second spouse is given the right to live in the family home for life or for a specified period. The timing may depend on the length of the second marriage or other family circumstances. These provisions all create flexibility and allow a Will maker to balance the needs of their spouse, any children and wider family members. [related_posts]   The timing of Wills and second marriages Ideally, if you are getting married for a second time, you need to take some legal advice on the paperwork that should be prepared before your ceremony. These documents include: A prenuptial agreement. A Will made in contemplation of your forthcoming marriage. A Lasting Power of Attorney for financial affairs and a Health & Welfare Lasting Power of Attorney. Pension nominations. Life insurance nominations. If you are in a flurry about wedding plans and don’t get around to all the recommended pre-wedding paperwork, you can sign a postnuptial agreement and a new Will after your marriage. Wills in contemplation of marriage A Will made in contemplation of a planned wedding needs to be signed within a reasonable timeframe of the planned ceremony. You can't make a Will expressed to be in contemplation of marriage if you are in a new relationship and have not set a wedding date, or if you are planning a long engagement. If you are in a serious relationship and you want to leave a new partner a legacy, your Will solicitor may be able to prepare a codicil to your existing Will. Advice on Wills and second marriages Our Will solicitors provide specialist advice on estate planning, second marriages and blended families. We will listen to you to understand your priorities and offer guidance on how to structure your Will and estate planning to meet the needs of your family. Get in Touch With us Today for Will and Estate Planning Advice.

Family solicitor Robin Charrot examines divorce and inheritance and offers advice on how the court resolves divorce financial settlements involving inheritances. Get in Touch With us Today. Divorce and inheritance issues For many young couples, it is a real struggle to get on the property ladder. The combination of house prices and the increase in the cost of living has made homeownership an uphill battle for most young married couples. Frequently, parents and in-laws provide gifts or loans to help young families buy their first home or move to a larger family home. Alternatively, a young couple may be helped if one of them receives a substantial inheritance from a parent or grandparent. When a couple separates and initiates no-fault divorce proceedings, one stumbling block to reaching an agreed financial settlement is where either spouse has received an inheritance or is likely to receive a substantial legacy in the future. Protecting inheritance from divorce There are ways to protect an inheritance from divorce financial claims. Examples of how to protect an inheritance from a financial claim include: Signing a prenuptial agreement. Signing a postnuptial agreement. Creating a discretionary trust. Keeping the inheritance separate. Relationship agreements and protecting inheritances A prenuptial agreement is relevant if you are engaged and have not married. If you are married, you can sign a postnuptial agreement to protect assets from divorce financial claims. Prenuptial and postnuptial agreements can be limited to ringfencing the inheritance, so the spouse who inherited the money from their side of the family keeps it if the couple splits up. Alternatively, the agreement can be comprehensive and set out your agreed financial settlement in the event of a separation. Either type of relationship agreement only works if safeguards are in place to protect both parties, such as financial disclosure and independent legal advice. Trusts and protecting inherited monies The creation of a discretionary trust can be effective in protecting an inheritance from divorce claims. Setting up a discretionary trust requires specialist private client and estate planning advice. Inherited monies classed as non-family wealth  If you have received an inheritance, one way to keep it out of any future divorce financial settlement is to decide not to share the money with your spouse. This strategy does not always work. Whether it is feasible to keep money separate depends on the extent of your other assets, the length of your marriage, and several other factors. Keeping inherited money separate from your husband or wife means keeping it in a sole account, not placing it in a joint account, and not using it to pay off the mortgage on the family home or to invest in the family business. The court will decide in financial court proceedings whether the money falls within the definition of family money or is non-family wealth. The asset can also be referred to as a non-marital asset. If a court concludes that an inheritance qualifies as a non-marital asset, the court will not share the inheritance as part of the financial settlement unless it is necessary to do so. It will be necessary to do so if your spouses' and the children's needs cannot be met without recourse to the non-marital asset. Non-family wealth – the practicalities Family lawyers recognise the difficulties of keeping inherited money separate from shared funds. Keeping an inheritance separate from your wife's funds or in your sole account may conflict with financial advice or tax advice. For example, from a financial standpoint: It may be best to pay off the mortgage on the jointly owned family home mortgage rather than keep your inheritance in a bank account or in investments in your sole name, or From an income tax perspective, it may be best to make use of your ISA allowance and the ISA allowance of your husband or wife. The professional legal, financial, and tax advice is correct but conflicting. That’s because each professional addresses the inherited funds from different angles. A family law solicitor can assist you in working out the option that best suits your needs and priorities. You might also be interested in [related_posts]   Inheritances and financial disclosure when negotiating a financial settlement In financial settlement negotiations and court proceedings, there is often an assumption that inherited money or inheritance and trust prospects do not need to be disclosed to your spouse or to the court. However, all husbands and wives must provide complete and frank financial disclosure. If you do not disclose an inheritance, it can result in: Your spouse being suspiciousabout other financial aspects, such as the value of the family business or the extent of your income. This suspicion makes it less likely that you can reach an agreed divorce financial settlement. In the financial proceedings, the court being asked to make inferences about your honesty. The court could be asked to infer that you have additional undisclosed wealth because you did not initially disclose the existence of an inheritance or a trust. If a financial court order is madeand it subsequently comes to light that you had received an inheritance or were a discretionary beneficiary of a trust, your spouse can ask the court to review the order and make a new one based on the argument that the court would not have made the original order if you had disclosed the existence of the inheritance or the trust. Family solicitors recommend that if you have received an inheritance or if you are named in a Will or a trust, you discuss your financial disclosure with a specialist divorce financial settlement solicitor before you start financial settlement negotiations, attend family mediation, or complete Form E financial disclosure as part of the divorce financial settlement court process. Disclosure of inherited monies and inheritance prospects Even if the advice is that you must disclose the inheritance, you can still argue that the inheritance should not be considered in the divorce financial settlement. For example, because you have not received the legacy yet and the testator may change their Will or because although the inheritance has been received, the inherited money did not become marital property because of the existence of a prenuptial agreement or as a result of the money being kept separate. Many future inheritances can be safely ignored and will be disregarded by the court. For example, if you are getting divorced in your 20s and your parents have named you as a beneficiary of their Wills but they are in their 60s and fit and healthy. Why? Firstly, you may not inherit for another 30 years, and secondly, by the date of their death, they may have spent your legacy or decided to leave it to a charity. The relevance of a future inheritance may be different if you and your spouse are in your 60s and you are divorcing after 30 years of marriage. An imminent inheritance could be relevant if there is insufficient equity in the family home to rehouse you both or to meet your retirement needs. The inheritance could mean your spouse gets more of the equity or pension share than would have been the case if you were not due to imminently receive a substantial inheritance or had recently received it. Divorce, inheritance and protecting family wealth Divorce and inheritance can be a very emotional topic. Invariably, people want to protect an inheritance because they believe it is family money left to them and that their relative would not want their estate shared with their former spouse. Divorce financial settlement solicitors and estate planning lawyers can guide you and your family on your options.   For expert advice on divorce and family law, call our team of specialist divorce lawyers or complete our online enquiry form.

Writing a Will is one of the most important things you can do to protect your family. In this blog, our Will solicitors explain why you should make a Will and the things to consider. Contact Evolve Family Law for advice on writing a Will. Why write a Will? You should make a Will because a Will can: Set out how you want things to be dealt with after you have passed away. Provide for your family and loved ones. Protect your family. Help reduce the inheritance tax payable on your estate. Through estate planning, you can reduce the inheritance tax payable on your estate. If you leave all your estate to your spouse, civil partner, or to charity, there is usually no tax to pay. There are other ways to reduce the inheritance tax payable, such as placing all or part of the estate in trust or making lifetime gifts.   What is a Will? A Will outlines how you want your estate distributed after your death. As well as specifying who will inherit and what they will inherit, your Will can also: Appoint executors to administer your estate. Appoint a testamentary guardian. Appoint substitute beneficiaries in case the intended beneficiaries die before you. Create a trust. Explain why your estate, or part of it, is not being left to people who might have an estate claim. Offer comfort to loved ones, as they will know you took time and trouble to protect them with a Will.   Wills and protection Not having a Will makes an already devastating time for your family even more difficult. Having a Will offers protection because: Those who would not receive a share of an estate under intestacy rules can be left the estate or legacies, such as unmarried partners or stepchildren. If there are children from a previous marriage, the Will can leave their estate between their spouse and their children as the Will maker thinks is appropriate. If the deceased is a business owner, the Will, a shareholder agreement, or cross-option agreement can provide business continuity until the business is sold or transferred to the chosen beneficiary or other business shareholders as part of the cross-option agreement. Wills and protecting children As well as providing a legacy for a child, a Will can protect a child by: Appointing trustees in the Will who deal with the legacy until the child is of an age to inherit. Providing a specified age for inheritance, such as at age 18, 21, or a later age. Giving the trustees the power to advance capital or income to the child before the age of inheritance. Placing money in a discretionary trust so the child is protected from potential future claims, for example, by a step-parent. Appointing a testamentary guardian. A testamentary guardian can be appointed in a Will for any child under the age of 18 at the time of their parent’s death. Although family members can dispute who cares for a child after a parent’s death, the appointment of a testamentary guardian is compelling evidence of who the Will-maker thought would be the best person to bring up their child.   What is Intestacy? If a person dies without making a Will, then they die intestate. Problems with intestacy include: The deceased’s estate is distributed in accordance with intestacy rules. The intestacy rules are inflexible and dictate who inherits the estate. The intestacy rules mean relatives inherit according to a strict order, set out in legislation. The beneficiaries of the estate under intestacy rules will be the closest biological relatives, but not necessarily those closest to the deceased or those in the greatest financial need. The intestacy rules may not reflect how the deceased would have left their estate if they had made a Will.   The effect of intestacy The unintended effects of intestacy include: An unmarried partner or stepchildren will not inherit under the intestacy rules. An estranged husband or wife may inherit. Family members may bring claims against the estate because they believe the intestacy rules do not make reasonable provision for them. The estate may pay more in inheritance tax because estate planning did not take place. You might also be interested in [related_posts]   Frequently Asked Questions on Wills  Do I need a Will if I have a Lasting Power of Attorney? A Lasting Power of Attorney provides the authority for your attorneys to handle your financial or health and welfare affairs during your lifetime. A health and welfare Lasting Power of Attorney only becomes operative if you lose capacity to make your own decisions, and both types of Power of Attorney end on death. You therefore need a Power of Attorney and a Will. Do I need a Will if I want to leave everything to my wife? It's still a good idea to make a Will even if you want to leave everything to your husband or wife. Depending on your family situation and the size of your estate, your spouse may not receive the entire estate under intestacy rules. In addition, a Will allows you to appoint executors and trustees, estate plan, provide substitute gift clauses if your spouse predeceases you (so you do not need to change the Will) and create a trust in your Will. Do I need a new Will if I divorce?   If you have a Will and get divorced, any bequests to your ex-spouse or their appointment as your executor are cancelled. However, it's best to get a new Will when you divorce so you can discuss what you would now like to happen to your estate with your Will solicitor and obtain advice on how to minimise the risk of a former spouse claiming a share of your estate if you have not obtained a clean break financial court order. How much does a Will cost? Evolve publishes a price guide outlining the cost of a Will. If you have an existing Will, a Will solicitor can check and review your existing Will for you. It is sensible to get your Will checked because family and personal circumstances change, or your Will may no longer be as tax-efficient as it could be. If you have complex financial and business affairs and need in-depth advice on trusts, estate planning, tax, or domicile, our Will lawyers can provide a bespoke quote. Contact Evolve Family Law for advice on writing your Will.  

In this blog, probate solicitor Chris Strogen answers your frequently asked questions on who inherits under UK intestacy rules.   Contact Evolve Family Law Today for Will and Probate Advice.   Should I make a Will? Won’t intestacy rules protect my family? It is important that everyone has an up-to-date Will. I am not just saying that because I’m a private client solicitor specialising in preparing Wills. In my job, I regularly see the extra heartache and the legal costs when a loved one dies without a Will or dies with a Will that is out of date and does not reflect their current family or personal circumstances. Most of that stress and the additional costs can be avoided with a well-written Will that is reviewed as life and family circumstances change.   Why make a Will? Won't the intestacy rules say who the money goes to? That is a question that I’m often asked. It is right; if you don’t have a Will, then under intestacy rules, your money will go to your relatives. However, dying intestate means you don’t get a say over where your money goes. In some situations, it can mean that: Wealthy parents or siblings get your money (creating a bigger inheritance tax bill when they pass away). However, you might have wanted some of your money to go to a girlfriend, a nephew or to charity. There is an increased risk that family members will fall out over the money allocated to them under the intestacy rules.   Who inherits under the intestacy rules? Under the intestacy rules, the estate of the deceased is distributed to relatives or goes to the crown if there are no living relatives. The rules say which family members will inherit depending on family circumstances. The intestacy rules say: If the deceased was married or in a civil partnership and has no children, all their estate will go to their spouse or civil partner. If the deceased was married or in a civil relationship but has children, the first £322,000 of their estate will go to their spouse or civil partner, together with the deceased’s personal possessions. Anything over the £322,000 threshold is divided between the spouse and the children. The husband, wife or civil partner receives 50% of the balance, and the other half over the £322,000 threshold is divided equally between the children. If the deceased was not married or in a civil partnership, then the extended family inherit. If the deceased had children, then they share the estate equally. If there are no children, the intestacy rules leave the entire estate to the parents. If the parents passed away before the deceased, then the estate is distributed equally between the deceased’s siblings. The intestacy rules detail the extended family if there are no siblings. The intestacy rules mean that stepchildren and unmarried partners will not receive a share of the estate. However, they or others may be able to challenge the distribution of the estate under the intestacy rules if they can show that the intestacy rules do not make reasonable financial provision for them. What is reasonable is case-specific and depends on the size of the estate and the needs of the person seeking a share of the estate. Confusingly, some assets owned by the deceased may not pass under the intestacy rules. If the deceased owned property with another owner as joint tenants, then the deceased's share in the property will automatically pass to the surviving owner.   Reasons to make a Will There are several good reasons why everyone should have a Will: If you make a Will, then you decide who gets your money. You can put conditions on gifts. For example, if a child is still a minor on the date of your death, you can say that the child should not get the bequest or share of your estate until they are age 21 or 25. You can decide who should sort out your estate by appointing executors and trustees in your Will. The trustees can be given the power to advance money to your children if they need it. For example, the trustees might advance monies to pay university fees or for a house deposit. If you have minor children, you can appoint a testamentary guardian in your Will. You can use your Will to estate plan and reduce the inheritance tax burden on your estate. Wills and trusts can be flexible and allow you to leave flexible gifts where family dynamics are complicated. For example, in a second marriage, you may want to give your spouse the right to live in the family home until their death, and the property is then left to your children from your first marriage. A carefully prepared Will can reduce the potential for the provisions to be challenged because someone does not think the Will or the intestacy rules make adequate financial provision for them. In some family scenarios, dying without a Will doesn’t create a lot of additional legal complications, but in some family situations it does, such as: Unmarried partners and families. Where you have been married more than once. If you have young children who need legal protection, such as appointing a testamentary guardian in your Will. If you are a business owner. Most of us understand the need to sort out insurance for our family, and preparing a Will should be on the same ‘to-do’ list as one of life’s essentials.   Does my Will need updating because of my marriage? When you marry, any existing Will is automatically revoked. This means if you pass away after your marriage, your money passes under intestacy rules. Those rules may produce a very unfair result or a legal dispute between relatives over who should get what. It is therefore vital that you make a new Will when you get married. Alternatively, if you are getting married within the next 12 months, you can say that your Will is being made in contemplation of your planned marriage.   I am getting divorced. Do I need a new Will? If your marriage is ended by a court order  (divorce or annulment), your Will is not void or invalid. However, any gift in your Will to your former spouse takes effect as if he or she had died on the date your divorce was finalised. That usually means the gift to a spouse goes into the residuary estate for the benefit of the residuary beneficiaries. However, if you had left your entire estate in your Will to your former husband or wife, and there are no substitute beneficiaries, then the effect of your divorce is that your estate passes under the intestacy rules. If you appoint a spouse as an executor or trustee in your Will and you subsequently get divorced, then the Will takes effect as if they had died on the date the divorce proceedings were finalised with the pronouncement of the final order. If you appoint a former spouse in your Will as a trustee of a trust for the benefit of your children or as a guardian, the trust appointment fails. That might not be what you want, as some Will makers still want their ex-husband or ex-wife to act as a trustee for the benefit of the children. The best solution is to make a new Will immediately after your separation or divorce, especially if your spouse or civil partner was a beneficiary, executor or a trustee.   I own a property with my partner. I don’t own anything else, so I don’t need a Will. There is more than one legal way to own a house jointly. The two options are: Joint tenants. Tenants in common. If you jointly own a house as joint tenants, the surviving partner automatically inherits the property. However, many co-owners buy a home with their partner as tenants in common. This type of joint ownership means that their share of the property passes by their Will, or if there is no Will, under intestacy rules. It is always essential to check how you jointly own a house when preparing a Will.   Can I write my own Will? You can write your own Will, but probate solicitors do not recommend that you do so. That is because Wills are tricky legal documents. The consequences of getting the Will wrong can be legally expensive and stressful for your family. It can also add to the risk that someone might challenge the Will. The legal court costs of challenging a Will are high. It can therefore be money well spent to get specialist private client legal advice to make sure your Will is fit for purpose and to get it reviewed when significant life events occur (such as marriage, the birth of children or grandchildren, divorce, new relationships).   [related_posts]   How much does a Will cost? A bespoke Will drawn up by an experienced and regulated solicitor is not as much as you might think. Evolve Family Law was one of the first law firms to publish fixed fees for Wills. Take a look at our online price list so you have an idea of the charges before calling or emailing us. If you already have a Will, then you may want to get us to check and review it. That’s because family and personal circumstances change, so your old Will may not be ‘’fit for purpose’’. Some people have complex finances and businesses and need in-depth advice on trusts, estate planning, or domicile. However, even if your situation is not complex, it is easy to fall foul of inheritance tax rules. That means your estate could pay more tax than necessary. Everyone needs a Will, and it is important that people take bespoke advice, at a cost they can understand, to ensure their Will meets their needs.   If you need a Will or want your Will reviewed, then Evolve Family Law can help.   Contact Evolve Family Law Today for Will and Probate Advice.

The short answer is yes; you can do probate without a solicitor. However, if you are an executor, you need to know what administering an estate involves to decide if you want to instruct a probate solicitor to administer the estate under your instructions. If you have questions about probate or about appointing a probate lawyer, our team of specialist private client solicitors are here to help. For probate advice call our specialist probate lawyers or complete our online enquiry form.   Applying for probate without a solicitor Any executor can apply for probate without instructing a solicitor. Sometimes, when the executor and beneficiary are the same person and the estate is small, the risks of acting as executor without a probate lawyer are low. In other situations, the risks and personal liability could be significant. If you are named as a joint executor in a Will, you can decide jointly with the other executors if you want to appoint a probate solicitor.  The fact that a solicitor was not appointed as an executor in the Will does not prevent you from instructing a lawyer. If you decide to apply for probate without a solicitor, you need to consider: If you have the time to act as an executor. Whether acting as executor will cause family friction. If you are prepared to accept the personal liabilities that come with an executor appointment. If you can cope with the additional stress at a time of bereavement. If you are applying for probate without a solicitor, there is a potential for an increase in time to administer the estate and distribute it to the beneficiaries. Time, worry and liability may all be non-issues for you if you are the sole executor and beneficiary of a small estate. We recommend that you speak to probate lawyers to get a quote so you understand what a solicitor is likely to charge, so that you can make an informed decision. At Evolve Family Law, we provide transparent information about our costs. Some information can be found here on the typical costs of probate services. For more information on costs, give us a call.   Who pays for a probate solicitor? The estate pays for the costs of instructing a probate solicitor. The costs are not the liability of the executor/s. The lawyer’s fees are discharged along with other debts, such as utility bills on the deceased’s home and funeral expenses. The estate pays the costs of the probate lawyer even though an executor, rather than a lawyer, was named in the Will. Most Will makers understand that their executors may elect to instruct a lawyer because their Will solicitor will run through the options with them.   The role of an executor An executor’s job is to administer the estate of the deceased. That involves: Ascertaining the deceased’s assets and the value of the estate. Checking to see if tax will be payable. Working out if there are any debts. Applying for probate. Completing a tax return and paying any tax. Selling or transferring assets so the terms of the Will can be implemented. Paying the debts. Dealing with any challenges to the Will, such as on the grounds of validity or because the Will did not make reasonable financial provision for a dependant partner, second spouse or other claimant. Sorting out any specific bequests, such as jewellery. Paying any legacies to beneficiaries. Creating estate accounts. Finalising the estate accounts by paying the remaining estate monies to the residual beneficiaries.   The 12-point list is long and can be daunting to some lay executors, especially as the law says that an executor is personally liable for any mistakes made, even if they are genuine errors. For example: Undervaluing the estate for tax purposes. Paying the wrong amount to a beneficiary. Not paying a debt that was due before distributing the money from the estate. Paying a residuary beneficiary too much from the estate. Not realising that some assets fall within the estate, such as jointly owned property owned by the deceased as a tenant in common with the co-owner. Facing complaints by a residuary beneficiary, such as a charity, that the money raised should have been more, as the sale of property or other assets was not handled correctly. Not understanding what to do when faced with someone challenging the deceased’s Will because they say the Will was not drawn up correctly, was signed under duress, was signed when the deceased did not have the capacity to sign a Will, or because the Will did not make adequate provision for them. Not paying HMRC the correct amount of tax. Some mistakes are easy to make. For example, not realising that inheritance tax will be payable or assuming that a beneficiary is liable to pay the tax. The issue for executors is that they can be held liable for the error. This can be a significant problem, especially where the executor is not the sole beneficiary of the estate.   The role of a probate lawyer If an executor instructs a probate solicitor, the lawyer sorts all the estate administration out for them or can agree to do the more limited task of obtaining the grant of probate and then leaving the executor/s to finalise the estate distribution. Although the executor appoints a lawyer, the executor remains in post. The executor’s job is to instruct the lawyer and authorise the actions they take. For example, the executor will formally approve the estate accounts prepared by the solicitor.  In the unlikely event that an experienced probate firm makes a mistake during the probate process, the executor has redress, as all qualified and regulated probate solicitors must adhere to standards set by their professional regulatory bodies and have professional indemnity insurance.   You might also be interested in [related_posts]   Taking probate legal advice The best advice for anyone thinking about dealing with probate without legal help from a specialist probate solicitor is to get advice on whether it is sensible to try. A good probate solicitor will tell you if probate is required and, if it is, whether there are warning signs to suggest that you will need legal assistance. Some key flags for taking probate legal advice include: The estate is likely to be liable to pay inheritance tax. The deceased owned their own business, either as a sole trader, partner in a firm or as a company director. The deceased has left all or part of their estate to charity. The estate has complicated assets in it, such as a buy-to-let property portfolio or overseas property. The deceased has left their estate to minor children, and there are trusts involved. The deceased had a complicated personal life, so there is an increased risk of an inheritance dispute or estate challenge. For example, the deceased left a separated or former spouse, unmarried partner, or children from different relationships, and there is a risk that the Will may be challenged on the basis that it does not contain adequate financial provision. The deceased had a complicated financial life with lots of investments and debts that will need to be sorted out before the estate is distributed. You will find the process of acting as an executor and handling the probate yourself too distressing during a time of bereavement. There is a risk that you will fall out with sibling executors or fall out with members of the family who are beneficiaries because they have unrealistic expectations of timescales and what a lay executor can do.   Talk to Evolve Family Law If you need help in deciding whether to handle a probate, give us a call to discuss the estate and your options. If you choose to ask us to handle the estate, we can take care of it entirely, relieving you of the stress whilst keeping you informed.   For probate advice call our specialist probate lawyers or complete our online enquiry form.