Choosing a wills and probate lawyer

According to lawyers in the know, an increasing number of disputes over wills are ending up in the courts. These disputes are often bitterly contested and can have a devastating effect on family unity.

One reason for the increase is that families these days tend to be bigger and more complicated—there can be spouses from first, second and third marriages to take into consideration as well as children from each. Another reason is that more people own homes, and in many cases these have sky-rocketed in value since they were purchased.

The law offers protection to dependants, who may claim against the estate if they believe they have not been adequately provided for.

The conclusion to draw from all of this is that it is important to make a legally valid and up-to-date will, if you want your estate to be distributed fairly once you are gone.

Why make a will?

The main benefit of making a will is that you can decide who benefits after your death. If you don’t make a will, you are said to have died intestate. This means the people you care about may receive nothing at all. Step-children and live-in partners will receive nothing. If you are married or have a civil partner then the surviving spouse or partner will get up to £450,000 of your estate, if there are no children, and £250,000 if there are children. This sum is called the statutory legacy

Another benefit is it can allow you to avoid inheritance tax, which is payable by your estate on all assets over a certain amount (£312,000 for the 2008-09 tax year). If you have children, you can stipulate in your will who you would like to be responsible for your children’s upbringing if neither parent is alive.

How do I make a will?

There are three basic options.

You can write your own will, or use a DIY will writing kit. It is very easy to make mistakes, however, and this should only be done if your circumstances are straightforward. Otherwise, it could lead to expensive complications further down the line, particularly if you have children from a previous marriage or own property overseas.

Wills need to be drawn up in such a way that they comply with certain basic formal requirements. Any changes must be properly signed and witnessed. They must take account of the fact beneficiaries might die before the person making the will.

You can go to a will writer. It is a good idea to check they have adequate insurance in case anything goes wrong, and that they have enough experience to advise you properly of any complications that could arise.

You can ask a solicitor. This is the safest option, and guarantees you will be adequately insured. They are regulated by the Law Society. They will also store your will for you.

If you go to a professional will writer or solicitor, then it is a good sign if they are an accredited member of the Society of Trusts and Estate Practitioners (STEP). This organisation provides education and training for its members, and keeps them abreast of new developments.

Many high street law firms, and some of the larger firms, do wills and probate work. Writing a will is a relatively inexpensive and simple process. Some firms specialise in disputes over wills.

Before setting out to write your will, you should work out: what property and possessions you have, including shares, insurance policies and pensions; who you want to leave your money to, and whether you want to leave any to charity; who you want to look after your children; and who you want to appoint as executors, the people who will make sure your wishes are carried out.

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