Wills & Probate Advice and FAQs

Wills & Probate Advice and FAQs

Do I need a Will?

A will is essential because it provides you with control over how your assets are distributed after your death. Without a will, the law decides who inherits, which might not align with your wishes or provide adequately for your loved ones. Creating a will allows you to choose specific beneficiaries, make arrangements for dependents, designate guardians for minor children, and even express your preferences for funeral arrangements. Additionally, having a will can help reduce family disputes by providing clear guidance on your intentions, making it easier for loved ones to handle your affairs during a difficult time.

When is the best time to make a Will?

It’s advisable to make a will as soon as you have assets, dependents, or any specific wishes for how your estate should be managed after your death. Major life changes—such as getting married, having children, buying property, or inheriting assets—are key times to either create or update your will. By establishing a will early, you provide essential security for those you care about and ensure your wishes are documented, no matter what happens. Regularly reviewing your will, especially after significant life events, keeps it current and reflective of your circumstances and intentions.

What happens if I die and I don’t have a Will?

If you pass away without a will, your estate is distributed according to intestacy laws, which follow a strict order of inheritance. Typically, your spouse or civil partner and children are first in line, but the distribution may not fully reflect your personal wishes or family’s needs. Close friends, long-term partners who aren’t married, or stepchildren do not inherit under intestacy rules, regardless of the strength of those relationships. This can leave loved ones without the support you may have intended to provide.

How and when do I challenge a Will?

You can challenge a will if you believe it’s invalid or feel you’ve been unfairly left out. Common grounds include concerns over the mental capacity of the person who made the will (the testator), where they may not have fully understood what they were doing or were influenced by someone else. Challenges may also arise if there is evidence of undue influence or coercion, where someone pressured the testator to change their will. Additionally, cases of fraud or forgery can invalidate a will, as can the failure to meet certain legal requirements, such as proper witnessing and signing. If you intend to challenge a will, it’s best to act quickly—ideally before probate is completed. Time limits for challenges vary, but most must be filed within six months of probate being granted. Consulting a legal professional early on is essential to understand the specific timeframe and collect any evidence needed for your case.

What does Probate mean?

Probate is the legal process that gives someone the authority to manage and distribute a deceased person’s estate. It involves confirming the validity of the will (if there is one) and granting permission—known as a “grant of probate” or “letters of administration”—to the executor or administrator, allowing them to settle debts, gather assets, and distribute the estate according to the will or intestacy rules if no will exists.

Will I need to pay?

It is free to contact PDA solicitors and our initial discussion will be free of charge and without obligation.