Wills and Probate

• Wills

• Probate

• Paying for our services

Wills

When someone dies, their estate must be properly administered, affairs wound up, debts and funeral expenses paid and what is left passed on in accordance with the wishes of the deceased. Making a Will ensures that this is done quickly and efficiently. A Will should deal with the whole of a person’s estate, including personal possessions, savings, insurance policies, stocks and shares and property, as well as any money or property that may be acquired in the future.

Executors should be appointed. These are the people who will deal with the instructions within the Will, and wind up the estate. If all of the estate is likely to go to the surviving spouse, it is normal to appoint him/her as sole executor – unless the estate is large and complicated or includes a business. However, it is advisable to appoint alternative Executors, to cover the eventuality of the spouse dying at the same time or shortly afterwards.

Where children are involved, guardians will need to be appointed and provisions made for the children until they reach 18.

Without a Will (intestate), married couples do not automatically inherit the whole of each others estate – the law will decide how an estate is to distributed.

Marriage cancels and previous Will. Divorce cancels any provision for a previous spouse, but separation does not. Unmarried partners have no automatic claim to each others estates, although the law allows co-habitees of 2 years standing to make a claim against an estate.

Making a Will is simple, contact your nearest Foys office to make an appointment or email stella.gow@foys.co.uk.

Probate

When a person dies, his or her Executor (or Administrator if there is no Will) must apply to the Probate Office for a Grant of Probate (or Letters of Administration if there is no Will), which gives permission to pay debts and deal with the estate. In general, if the whole estate is less than £5000, it may not be necessary to apply for this. Foys can apply for Probate on your behalf if you wish.

Paying for our services

Our standard Wills are charged on a fixed fee basis, depending on whether a single Will or joint Wills are required. Please contact your local office, or email us and we will advise you of the current cost. Very complex Wills can be drafted for which a quotation will be given when our lawyers have discussed it with you. Our lawyers will also be pleased to give you a price for a home or hospital visit in order to draft a Will if required.

For probate, our fees are charged on an hourly rate, based on the amount of time we are likely to spend on your case, and the level of experience of lawyer dealing with the matter. We will give you an estimate at the outset and we will discuss any potential changes in this estimate with you throughout the case.

Foys Solicitors is Authorised and Regulated by the Solicitors Regulation Authority SRA No 00048529