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Wills, Probate and Inheritance Solicitors

At Cartmell Shepherd, we know wills and powers of attorney are as important for your peace of mind as they are for your estate plans and tax planning.

Having a will is vital, as you inform a legal document which determines who’ll inherit your assets and how they’re dealt with when you’re gone. It’s also a crucial part of probate – the legal process whereby a last will and testament is proved in court and accepted as valid. Powers of attorney are significant too, as they give another person the right to act for you in financial or legal matters. Work around wills and estate administration requires a delicate touch, so we always deliver a personalised service with sympathetic advice, making sure that matters are handled according to all your wishes.

Probate

Probate is the legal process through which a last will and testament is proved in court and accepted as valid. Following the death of a loved one, there can be a number of legal and practical matters to deal with, and our team is here to provide clear, compassionate advice and support. If you have been appointed as an executor in someone’s will, you may need to apply for probate, which gives you the legal authority to administer the estate and distribute assets in accordance with the deceased’s wishes. We can guide you through every stage of the estate administration process, helping to ease the burden during a difficult time.

Areas of Wills, Probate & Inheritance that our expertise covers include:

Drawing up and amending wills
Tax and estate planning
Probate and estate administration
Trust formation and administration
Powers of attorney
Court of Protection work
Safeguarding assets
Probate disputes

Will and Inheritance Disputes

When the last wishes of someone dear to you brings disagreement, our highly-trained lawyers can establish common ground. Every area of the law demands expertise, but solicitors practicing in disputes about wills, inheritance and estates need truly specialised knowledge.

Your representative must be on top of a complex legal field, but also has to demonstrate sensitivity at a time of grief and significant stress. At Cartmell Shepherd, every member of our dispute team takes advanced training via the Association of Contentious Trust and Probate Specialists (ACTAPs). Equipping them with the skills to resolve all sorts of probate disputes, it’s one reason why we’re great at keeping parties talking – and out of court.

We have a specialist Will Dispute Team consisting of four solicitors. For more details please see our separate site:

Will Claims

FAQs

Why should I make a will?

It is important that you make a will to ensure that your estate (money, property and possessions) is distributed in the way you wish it to be, when you die. If you die without a will, there are rules which dictate how your estate will be distributed. For example, unmarried partners cannot inherit from one another without a will. This could leave your partner with major financial difficulties.

Do I have to use a solicitor make a will?

You can write your will yourself, however it is generally advisable to use a solicitor to ensure your will has the effect you intend it to. It is easy to make mistakes during the process of drawing up your will and if there are error, this can cause issues after your death. Of the question is a draft will valid in the UK – for a will to be valid, it must meet the following requirements under the Wills Act 1837:

• It must be in writing.
• It must be signed by the testator (the person making the will) or by someone else in their presence and at their direction.
• The testator must intend for the signature to give effect to the will.
• The will must be signed in the presence of two witnesses, who must also sign the will in the presence of the testator.

What does an executor do?

An executor is a person named in a will with responsibility for taking care of the deceased’s estate.

What is probate and is it always needed?

Probate is the legal process of dealing with someone’s estate when they die. Being granted probate means you can lawfully manage their estate. You will need to apply for probate if you are a named executor on the deceased’s will. The executor or administrator is not required to apply for probate, but if they don’t they won’t be able to transfer the title of any assets that exist in the deceased’s name.