Wills and Probate

Wills and probate explained

Why should I make a will?

The advantages of making a will are clear. By doing so, you can ensure that when you die, your estate is distributed in line with your wishes and that your affairs are handled by the people you choose, the executors of your estate.

If you fail to make a will, not only will you have no say about how your affairs are managed, you could potentially leave your loved ones in the awkward and difficult position of having to divide your estate amongst themselves.

What is probate?

When a person dies, the executor of their estate has to apply for a 'grant of probate' from the probate registry. This is a legal document which confirms that the executor has the authority to deal with the affairs of the deceased.

Do I need to go through probate?

If the gross value (before debts) of an estate amounts to less than £5000, then it is known as a 'small estate' and can be distributed without the need to apply for a grant of probate. For amounts larger than this, a grant of probate will need to be applied for.

What happens if I don't make a will?

Those who die without making a will are known as 'intestate.' This means that because they have not appointed an executor, someone needs to apply for the right to deal with the estate. This is usually a relative or loved one who makes an application for what us known as a 'grant of letter administration.'

If successful in this application, the individual can assume responsibility for dealing with the assets and affairs of the deceased. In the case of the deceased having children, then more than one administrator will be appointed to this role.

The Wills and Probate team at EAD Solicitors consists of John Leith, Charles Boulton, Tom Rimmington, Catherine Cheadle and Angela Meecham.

John Leith qualified in 1976 and has experience in many areas of non-contentious law. He is the head of the Wills and Probate department at EAD Solicitors.

Charles Boulton qualified as a solicitor in 1973 and has been a partner in the Wills and Probate department at EAD Solicitors since 1993.

Tom Rimmington qualified as a solicitor in 1991 and has recently joined EAD Solicitors Wills and Probate department.

Catherine Cheadle graduated with 2:1 law degree and has been qualified as a solicitor since 1991. Catherine has been a Senior Crown Prosecutor for 9 years and an Associate Solicitor in the Private Client department at another firm of solicitors for 8 years before joining EAD Solicitors Wills and Probate department in 2008.

Angela Meecham works in the Wills and Probate department as a Senior Probate Clerk with many years experience in dealing with a wide variety of private client matters.

For more information click here to fill in our wills and probate claim form today, or call 0151 735 1000.