Planning what should happen to your estate after your death is one of those tasks that can be easy to postpone. Similarly, when somebody close to you dies, dealing with probate and estate administration can feel particularly difficult at an already emotional time.
Although there are online services and do-it-yourself options available, wills and probate can involve important legal, financial and family considerations. Errors or misunderstandings can create complications that may only become apparent much later.
For many people, working with a local solicitor provides something that an online form cannot easily replicate: personal advice based on an understanding of their individual circumstances.
A local solicitor can meet with you, discuss your family and assets, identify issues that may not initially seem obvious and explain your options in understandable terms. When dealing with probate, having an accessible professional who can guide executors and families through the process can also provide valuable reassurance.
This article considers some of the reasons people choose a local solicitor for wills and probate and explains when professional legal advice may be particularly useful.
Why Is Making a Will Important?
A will allows you to set out what you want to happen to your money, property and possessions after your death.
It can also address matters that go beyond simply dividing assets.
For example, a will can identify:
- Who you want to inherit your estate;
- Who should act as your executors;
- Who you would like to look after children under 18;
- What should happen if an intended beneficiary dies before you; and
- Whether you want to leave gifts to particular individuals or charities.
If somebody dies without a valid will, they are said to have died intestate. In that situation, the intestacy rules determine who is entitled to inherit rather than the deceased person’s undocumented wishes.
This can produce results that may not reflect what the person would have wanted.
Making a properly prepared will therefore provides an opportunity to put your intentions into a legally recognised form.
Why Use a Solicitor to Make a Will?
It is possible to write your own will in England and Wales.
However, a will must satisfy legal requirements to be valid, and apparently simple family arrangements can sometimes involve issues that are easy to overlook.
A solicitor does more than simply type someone’s wishes into a document.
The process can involve understanding the client’s family circumstances, identifying their assets, discussing potential complications and ensuring that the will accurately reflects what the client intends.
Professional advice can be particularly valuable where the estate or family arrangements are not straightforward.
Official government guidance recommends considering professional advice in circumstances including where someone has property overseas, owns a business, shares property with somebody who is not their spouse or civil partner, wants to provide for a dependant who cannot care for themselves, or has family circumstances that could potentially result in claims against the estate.
What Are the Requirements for a Valid Will?
In England and Wales, certain formal requirements must be satisfied for a will to be legally valid.
Generally, the person making the will must be at least 18, make it voluntarily and have the necessary mental capacity.
The will must be in writing.
It must also be signed using the required witnessing procedure. The person making the will signs in the presence of two adult witnesses, and the witnesses must also sign in the person’s presence.
There are additional rules concerning witnesses. For example, leaving a gift to a witness, or to the witness’s spouse or civil partner, can cause problems with that gift.
A solicitor can help ensure that the document is prepared and executed correctly rather than leaving uncertainty that may emerge after death.
Personal Advice Rather Than a Standard Template
One of the biggest advantages of using a solicitor is that the advice can be tailored to the individual.
Families are rarely identical.
One person may own a single home and have adult children. Another may have children from different relationships. Someone else may own a business, have assets abroad, support a vulnerable family member or live with an unmarried partner.
A standard template cannot necessarily identify the legal significance of all those circumstances.
A solicitor can ask questions designed to understand the complete picture before preparing the will.
This can help ensure that the document reflects what the client actually wants rather than simply fitting their circumstances into a generic form.
Why Choose Someone Local?
There is no legal requirement to use the solicitor geographically closest to you.
However, choosing a local solicitor can offer practical and personal advantages.
Wills and probate frequently involve sensitive discussions about family relationships, finances, property, illness and bereavement.
Some clients prefer discussing these matters face-to-face with somebody they can contact easily and build a professional relationship with.
A local firm can offer that accessibility while still providing the legal expertise required.
Face-to-Face Meetings Can Be Valuable
Technology has made remote legal services much easier, and telephone or video appointments can be convenient.
Nevertheless, some people still value the opportunity to sit down with their solicitor.
A face-to-face conversation can make it easier to discuss complicated family arrangements and ask questions as they arise.
This can be particularly helpful for clients who are uncomfortable with technology or simply prefer dealing with important legal matters in person.
It may also be valuable when a solicitor needs to understand potentially sensitive circumstances surrounding the preparation of a will.
The important point is having access to a service that suits the client’s needs rather than being restricted to a purely online process.
Building an Ongoing Professional Relationship
A will should not necessarily be viewed as a document that is written once and then forgotten forever.
Life changes.
People marry, separate, have children or grandchildren, buy and sell property, start businesses and experience changes in their financial circumstances.
Relationships with intended beneficiaries can also change.
A local solicitor who has previously advised a client may be able to assist when the client’s estate planning needs to be reviewed.
Having an established professional relationship can make future conversations easier because the firm may already understand the background to the client’s arrangements.
A Solicitor Can Identify Issues You May Not Have Considered
One of the limitations of preparing a will without advice is that you may not know which questions need to be asked.
A person might believe their wishes are straightforward but overlook an issue that could affect the estate.
For example, professional advice may be particularly appropriate where there are:
- Children from previous relationships;
- Unmarried partners;
- Dependants requiring ongoing support;
- Business interests;
- Overseas property;
- Complicated property ownership arrangements;
- Significant lifetime gifts;
- Potential disputes between family members; or
- Concerns about possible claims against the estate.
Identifying these issues while the will is being prepared can be preferable to leaving executors and beneficiaries to deal with uncertainty later.
What Is Probate?
Probate is commonly used to describe the legal process involved in obtaining authority to deal with somebody’s estate after they die.
Where there is a valid will and an executor is applying, the relevant document is generally a grant of probate.
The grant provides evidence of the executor’s authority when dealing with organisations holding the deceased person’s assets.
Where there is no will, a person entitled under the applicable rules may instead apply for letters of administration.
Not every estate requires a grant, so the first step can involve establishing whether probate is actually necessary.
What Does an Executor Have to Do?
Being named as an executor can involve significant responsibilities.
Before applying for probate, the estate normally needs to be identified and valued.
This may involve establishing the deceased person’s assets and liabilities and determining whether Inheritance Tax issues need to be addressed.
Once the appropriate authority has been obtained where required, estate administration can involve collecting assets, paying liabilities and administration expenses, dealing with tax matters and eventually distributing the estate according to the will.
The process can become more complicated where an estate contains property, investments, businesses, overseas assets or disagreements between beneficiaries.
Can You Apply for Probate Without a Solicitor?
Yes.
Executors can apply for probate themselves where appropriate.
Government services allow eligible individuals to apply without instructing a solicitor.
However, the fact that somebody can administer an estate personally does not necessarily mean that doing so will be the best option in every situation.
Straightforward estates may be manageable without extensive professional involvement.
More complicated estates can involve legal and tax issues that executors may prefer to have professionally handled.
The decision will depend on the circumstances.
When Might a Probate Solicitor Be Particularly Helpful?
Professional assistance may be valuable where the estate is complicated or where the executor is uncertain about their responsibilities.
Examples might include situations involving:
- A large or complicated estate;
- Several properties;
- Business interests;
- Overseas assets;
- Inheritance Tax considerations;
- Trusts;
- Difficulty identifying assets or beneficiaries;
- Questions about the validity or interpretation of a will;
- Family disagreements;
- Potential claims against the estate; or
- An executor who does not feel comfortable administering the estate personally.
A solicitor can explain the process and, depending on the instructions, handle some or much of the administration on behalf of the executors.
Local Support During Bereavement
Probate is different from many other legal services because clients are often dealing with it shortly after losing somebody close to them.
At that time, even routine administrative tasks can feel burdensome.
Executors may need to communicate with financial institutions, establish the value of assets, understand tax requirements, apply for the appropriate grant and eventually distribute the estate.
At the same time, family members may have questions about the will and what happens next.
Having a solicitor who can explain the process clearly and provide a consistent point of contact can reduce some of the uncertainty.
For some families, being able to visit a nearby office or speak with a familiar adviser can be particularly reassuring.
Understanding the Individual Estate
Probate is not simply a matter of completing one form.
Every estate is different.
One estate may consist largely of a bank account and personal possessions. Another may include a home, investments, business shares and assets in another country.
The family structure may also affect the administration.
A solicitor can review the circumstances and explain which steps are likely to be required.
This can help executors understand both their responsibilities and the likely stages involved.
Help with the Original Will
The original will can be extremely important when applying for probate.
Where there is a will, GOV.UK guidance states that the original is generally required for the probate application rather than a photocopy. The Probate Registry keeps the original will, which becomes a public record once probate is granted.
People sometimes store their original will with the solicitor who prepared it.
Professional storage can therefore provide an additional practical advantage, provided executors or appropriate family members know where the original document is held.
Knowing where to locate the will can prevent unnecessary difficulty after death.
What Happens If There Is No Will?
If somebody dies without leaving a valid will, the intestacy rules determine who is entitled to the estate.
The closest eligible relative may also be entitled to apply to administer the estate.
Importantly, an unmarried partner does not automatically have the same position as a spouse or civil partner under the intestacy rules.
This is one reason making a will can be particularly important for people whose family or relationship arrangements do not fit the assumptions made by intestacy law.
A solicitor can explain how the rules apply and help a client create a will reflecting their actual wishes.
Professional Regulation and Protection
Another reason to consider using a solicitor is professional regulation.
Solicitors are regulated professionals and must meet applicable professional standards.
The Solicitors Regulation Authority (SRA) explains that only individuals it approves can call themselves solicitors.
Most solicitors work within SRA-regulated law firms. Clients using regulated firms benefit from protections that can include required levels of professional indemnity insurance and established complaints procedures.
This can be relevant when comparing a regulated solicitor with an unregulated provider of will-writing services.
Consumers should check the regulatory status and protections offered by whoever they choose.
Local Does Not Mean Less Specialist
Choosing a local firm does not necessarily mean compromising on expertise.
Many local firms have solicitors who regularly work in wills, probate, estate administration and related private-client matters.
The useful question is not simply whether the office is nearby, but whether the solicitor has appropriate experience for the work required.
Clients may wish to ask a prospective solicitor about their experience, how the work will be handled, likely fees and who their main point of contact will be.
The ideal combination is accessibility and appropriate expertise.
Clearer Communication Throughout the Process
Legal terminology surrounding wills and probate can initially seem confusing.
Terms such as executor, administrator, beneficiary, intestacy, estate, grant of probate and letters of administration may all appear during the process.
A good solicitor should explain these concepts rather than assuming the client already understands them.
Local firms can also provide continuity, allowing clients to know who they should contact when questions arise.
For families dealing with bereavement, straightforward communication can make a significant difference to the experience.
What About the Cost of Using a Solicitor?
Cost is understandably an important consideration.
Professional legal assistance involves fees, and the amount will depend on the type and complexity of the work.
A straightforward will may require significantly less work than complicated estate planning involving business interests or overseas assets.
Similarly, the cost of probate assistance can depend on the size and complexity of the estate and how much of the administration the solicitor is asked to handle.
Clients should ask for clear information about fees and the scope of the service before proceeding.
The cheapest option is not necessarily the best value if important legal issues are missed, but professional assistance should also be proportionate to the client’s needs.
Choosing the Right Solicitor
Locality can be a useful starting point, but it should not be the only consideration.
When choosing a solicitor for wills or probate, consider factors such as:
- Experience in wills and estate administration;
- Whether the firm is appropriately regulated;
- How clearly the solicitor communicates;
- Whether appointments are available in a convenient format;
- How fees are explained;
- Who will actually handle the matter;
- Whether the firm can assist with more complicated issues if they arise; and
- Whether you feel comfortable discussing personal matters with the adviser.
Wills and probate can involve deeply personal decisions.
It is therefore reasonable to choose a professional with whom you feel able to communicate openly.
Conclusion
Choosing a solicitor for wills and probate is not simply about completing paperwork.
A will deals with important decisions about family, property and what should happen after death. Probate places legal and administrative responsibilities on people who may simultaneously be coping with bereavement.
A local solicitor can provide professional advice together with the accessibility and personal contact that many clients value during these situations.
For will-making, this can mean discussing your circumstances properly, identifying potential complications and ensuring that your wishes are recorded in an appropriate legal document.
For probate, it can mean having somebody available to explain the process, assist with the application and estate administration, and help address complications when they arise.
It is possible to make a will or apply for probate without instructing a solicitor in many circumstances. However, professional advice can be particularly valuable where family arrangements, assets, tax considerations or the estate itself are complicated.
Ultimately, the right solicitor should combine appropriate legal expertise with clear communication and a service that makes you feel supported and informed.
For many individuals and families, having that adviser within their local community provides an additional level of accessibility and reassurance.