Deputyship Fees Explained: Full 2026 Cost Breakdown

Property During Probate

Thu, 27 Aug 2026 19:04:35 GMT

When someone dies and leaves a house behind, that house usually becomes the biggest thing on the executor's list and the one causing the most worry. Can you sell it? Do you need to wait? Who is responsible for it in the meantime? Most people asking these questions have never dealt with an estate before, and there is no reason they should have.

This page walks through what happens to a property during probate in England and Wales, from the moment someone dies to the point the house is sold or transferred. The law is different in Scotland and Northern Ireland.

At a glance

The property belongs to the estate from the moment of death. The executors hold it, but they cannot transfer it to a buyer until the court confirms their authority. This authority is usually provided in the form of a Grant of Probate.
You can put a property on the market and accept an offer before the Grant of Probate is issued. In most cases, you will need to wait for the Grant of Probate before exchanging contracts or completing the sale.
Where the house was owned as joint tenants, it passes straight to the surviving owner and probate may not be needed at all.
Inheritance tax is usually due six months after the end of the month of death, which often falls before the house can be sold. There are ways to handle that, and they are set out below.
An empty property will usually be exempt from Council Tax while you are waiting for probate, provided the relevant conditions are met.
The value agreed for probate becomes the starting point for capital gains tax later, so the two decisions are connected.

What is probate property?

"Probate property" simply means a property that formed part of someone's estate when they died and now has to be dealt with as part of administering that estate.

The court document that gives you authority to deal with the estate is a Grant of Probate where there is a valid will, or Letters of Administration where there is not. Both do the same job: they prove to banks, buyers and the Land Registry that you can act. Our guides to what probate is and how much an estate has to be worth to go to probate cover the wider process and the thresholds.

Who owns a property during probate?

During probate, the executors are responsible for dealing with the property on behalf of the estate. The beneficiaries are entitled to the property it, or to the proceeds, but only once the estate has been administered.

That split trips most people up, so it is worth taking in two parts.

Legal ownership passes to the executors. From the date of death, the executors hold the property on behalf of the estate. They are responsible for it, they must insure and maintain it, and they are the ones who will eventually sell or transfer it. Until the Grant of Probate is issued, though, their authority has not yet been confirmed by the court, which is why a sale cannot complete.

Beneficial ownership belongs to the beneficiaries. The people named in the will (or entitled under the intestacy rules) are the ones who will ultimately receive the property or the proceeds from it. What they do not have is the right to move in, take items out, or direct a sale before the estate is administered.

So a beneficiary who has inherited the house does not own it yet. The executors remain responsible for dealing with it until the estate has been administered and the property is transferred to the beneficiary. That distinction matters more than it sounds, and it is the source of a great many family disagreements.

One important exception. How the property was jointly owned can take it out of the estate altogether, which changes everything that follows. We set out what that means for a sale in selling a jointly owned property below.

Valuing the property for probate

You will need a value for the property as at the date of death. That figure does two jobs. It goes into the inheritance tax calculation now, and it becomes the base cost for capital gains tax if the property is later sold for more.

For smaller estates comfortably under the tax thresholds, written valuations from estate agents are usually accepted. Where inheritance tax is payable, or where the property is unusual, a formal valuation from a RICS surveyor is the safer route, because HMRC can refer a valuation to the District Valuer for checking.

Getting this figure wrong in either direction costs money, and the reasons why are set out in our full guide to valuing a property for probate.

Paying inheritance tax when the estate's main asset is the house

If the estate you are dealing with is mostly a house, there is a timing problem waiting for you, and it catches almost every executor.

Inheritance tax on an estate is usually due six months after the end of the month in which the person died. You normally cannot get the Grant of Probate until the tax has been dealt with, and you cannot complete a sale of the house without the grant. So the money you need to pay the tax is locked inside the asset you cannot sell until you have paid the tax.

It is a genuine catch, not a mistake you have made, and there are three established ways through it.

Paying in yearly instalments

Property is one of the assets HMRC allows you to pay inheritance tax on in instalments. You can spread the inheritance tax on the house over 10 equal annual payments rather than finding the whole amount at once.

The rules on yearly instalments set out the detail. The first instalment falls due at the end of the sixth month after death, and the rest are due annually on that same date. Interest is usually charged on the outstanding amount, although not on the first instalment unless you pay it late.

The important condition: when you sell the property, the outstanding balance becomes payable in full. Instalments buy you time to sell properly rather than in a hurry. They do not reduce the bill.

The Direct Payment Scheme

Where the person who died held money in a bank, building society or investment account, that money can go straight to HMRC to pay the inheritance tax before the grant is issued. The bank pays HMRC directly, so you are not asked to fund the tax yourself.

You do this using form IHT423 , submitted alongside the IHT400. Most banks and building societies take part in the scheme, so that the money can be paid directly to HMRC.

This is the first thing to check, because it solves the problem outright where the estate holds enough cash.

If there is no cash in the estate

Some estates are the house and almost nothing else. Where instalments are not enough and there is no cash to draw on, executors sometimes borrow against the estate, either through an executor's loan or bridging finance.

We would treat that as a last resort, and we would want you to see the cost before you commit to it. Bridging finance is expensive, it is secured against the property, and the interest runs until the sale completes. For most estates, instalments combined with a properly marketed sale work out better. If someone is recommending bridging to you before instalments have been considered, ask them why.

For the thresholds, reliefs and how the tax is calculated, see our guide to inheritance tax .

Worth a conversation early. Of everything on this page, this is the part where the order you do things in makes the most difference, and it is the hardest to unpick afterwards. If the estate you are dealing with is mostly a house, a short conversation now is usually enough to work out which of these three routes fits. Our first 20 minutes are free, and there is no obligation to instruct us. Call 0208 515 279 0.

Selling a property during probate

Do you need probate to sell the property?

In most cases you do need probate to sell a house after someone dies. If the property was in the deceased's sole name, you will normally need probate before the sale can be completed. A buyer's conveyancer will want to see the Grant of Probate before the sale can complete, because it is the document proving the sellers have the authority to transfer the property.

The exception is a property held as joint tenants, which passes to the surviving owner automatically and can be sold without a grant. If the property was in the deceased's sole name, or held as tenants in common, you will need one.

What if there is no will?

The process is the same, but the document is different. Instead of a Grant of Probate, the people entitled under the intestacy rules apply for Letters of Administration. Once that is issued, the administrators can deal with the property exactly as executors would.

The practical difference is timing. Working out who is entitled to apply takes longer where there is no will, particularly in blended families or where relatives are hard to trace, and the property sits waiting while that happens.

Can you sell before the Grant of Probate is issued?

You can market a house and accept an offer before the Grant of Probate is issued, but in most cases you cannot exchange contracts or complete the sale until the grant arrives. In short, you can do most of a sale before probate. You cannot finish it.

Marketing early is often the sensible choice, because it means the sale and the grant progress alongside each other rather than one after the other. It carries one real risk, and it is worth being straight about it: a buyer who is in a hurry may walk away when they learn the grant has not been issued yet. Tell buyers upfront that the property is subject to probate. The ones who withdraw were always going to withdraw, and better at the start than after they have paid for a survey.

Selling a jointly owned property

How the property was jointly owned decides everything. GOV.UK sets out the two forms of joint property ownership : with joint tenants, "the property automatically goes to the other owners if you die", while with tenants in common, "your share of the property does not automatically go to the other owners if you die".

Here is what that means in practice.

In practice, where a property is held as tenants in common, the whole thing usually has to be sold together, which means the surviving co-owner and the executors need to agree a course of action. That is a common source of friction, particularly where the co-owner still lives there.

If you are not sure which applies, the title register at the Land Registry will tell you. A restriction on the title usually indicates tenants in common.

The sale process, step by step

Here is the order things happen in, and where the estate work sits alongside the property work.

Value the property as at the date of death, for the inheritance tax account.
Report and pay inheritance tax , using the Direct Payment Scheme or instalments where appropriate .
Apply for the Grant of Probate or Letters of Administration.
Decide how to sell , or whether to sell at all. Private treaty through an estate agent is the usual route. Auction can suit a property in poor condition or where speed matters more than price, but it commits you to completing within a set period once the hammer falls.
Instruct a conveyancer to handle the sale itself.
Get an Energy Performance Certificate. GOV.UK requires you to order an EPC before you market a property , and one lasts 10 years, so check whether the person who died already had one before paying for another.
Insure and secure the property for the whole period it sits empty. This is covered in more detail below.
Accept an offer and progress the legal work.
Exchange contracts once the grant has been issued.
Complete the sale, clear the property, settle any remaining estate liabilities and distribute the proceeds to the beneficiaries in line with the will or the intestacy rules.

A note on who does what. We are a private client firm, and we handle the estate side: the valuation and tax position, the probate application, the grant, and distributing the proceeds properly at the end. The conveyancing itself, meaning the legal transfer of the property to the buyer, is done by a conveyancer, and we will work alongside yours so the two halves stay in step. We would rather tell you that plainly than have you find out midway through.

Selling versus transferring to a beneficiary

Not every property in an estate gets sold. If the will leaves the house to a named person, or the beneficiaries would rather keep it than sell it, the executors can transfer it to them instead.

The mechanism is different from a sale. Where the whole registered property is being transferred to a beneficiary, tThe executors sign an assent, using HM Land Registry form AS1, "whole of registered title: assent" , and the property is registered in the beneficiary's name. There is no buyer, no estate agent and no chain.

Whether it is possible depends on three things:

Does the will direct it? If the property is left to a named beneficiary, transferring is the default and selling would need a reason.
Do all the beneficiaries agree? Where the estate is shared and one person wants the house, they usually have to compensate the others out of their own funds.
Is there cash elsewhere to pay the tax and the debts? If the house is the only significant asset and inheritance tax is due, transferring it may simply not be an option. The estate has to be able to meet its liabilities first.

One thing in its favour: a transfer under a will is not a purchase, so no stamp duty is payable on it.

Beneficiary consent and disputes

Property is the asset families fall out over, and executors are often caught in the middle of it.

Can an executor sell without the beneficiaries' approval?

Generally, yes. An executor's job is to administer the estate, which includes selling assets where that is needed to pay debts, settle inheritance tax, or divide the estate between several beneficiaries. Beneficiaries do not have a veto over that.

What executors do owe is a duty to act in the beneficiaries' interests as a whole, and to obtain a proper price. Selling quickly and cheaply for convenience, or selling to a friend or family member below market value, is where executors get themselves into difficulty. Get the property properly valued, market it openly, and keep a record of the offers received.

Where the will gives a specific property to a specific person, the position changes. That gift has to be honoured unless the estate cannot meet its debts without selling.

Can a beneficiary stop the sale?

Not usually by simply objecting. A beneficiary who believes the executor is acting improperly, selling at an undervalue, or failing to act at all, can apply to the court, and in serious cases the court can remove an executor and appoint someone else.

That is a significant step and it is expensive. Most disagreements are better resolved by the executor being open about what they are doing and why: sharing the valuations, explaining the offers, and setting out the tax position. Beneficiaries usually object because they feel excluded rather than because the decision is wrong.

If a dispute has already gone beyond that point, our contentious probate page covers what happens next.

When beneficiaries disagree with each other

Where several people inherit a share of a property and they want different things, one wanting to sell and another to keep it, the estate cannot be finalised until it is resolved. The usual outcome is that whoever wants to keep the property buys out the others at a valuation they all accept. Where no agreement is possible, t the property may ultimately have to be sold and the proceeds divided. In more difficult cases, legal advice or court involvement may be needed.

An executor caught between beneficiaries should take advice early. Acting on one beneficiary's wishes over another's leaves you personally exposed, and it is a difficult position to be in when the people involved are your own family. More on what the role requires is on our executor of a will page.

How a dispute can stop the sale completely

There is one part of this that surprises executors, and it is worth knowing about before it happens to you.

Anyone aged 18 or over with an interest in an estate can enter a caveat at the probate registry. A caveat is a formal notice that, in GOV.UK's words, "stops all applications for probate on the estate being granted during that time". It lasts 6 months at first and can be extended for another 6.

No grant means no authority to transfer the property, which means contracts cannot be exchanged and the sale cannot complete. The house stops where it is until the caveat is resolved or removed.

That is a serious consequence for a step that takes very little effort to take, and it is why disputes about an estate are rarely just about the estate. They hold up the property too.

We acted for a woman whose late husband had left most of his estate to his adult children from an earlier marriage, leaving her without adequate provision. We entered a caveat on her behalf to hold the Grant of Probate while the position was addressed, then represented her through negotiation and mediation. The matter was settled between the parties without court proceedings.

The reason we mention it here is timing. Caveats and claims against an estate are far easier to deal with early, before positions harden and before costs mount. If you are an executor and someone has told you they intend to challenge the will, or you are a beneficiary who thinks you have been left out unfairly, that is the moment to take advice, not six months later.

If you are stuck in the middle of this, you do not have to be. Being the executor and the sibling at the same time is genuinely hard, and having someone outside the family make the decisions takes the personal weight out of it. We have done this many times, and a lot of it never gets as far as a dispute once someone neutral is handling the correspondence. Talk it through with us on 0208 515 2790, free and without obligation.

How long can a property stay in probate?

There is no legal deadline by which an executor must sell a property. What there is instead is a convention known as the executor's year .

It comes from section 44 of the Administration of Estates Act 1925 , which says that "a personal representative is not bound to distribute the estate of the deceased before the expiration of one year from the death". Beneficiaries cannot compel distribution before that year is up. After it, they can begin to press for progress and, in some cases, ask the court to intervene.

The executor's year is widely misunderstood as a deadline to sell the house. It is not. It is the point from which an executor may be asked to explain a delay, and estates routinely and legitimately take longer.

Timescales for the grant itself change, and the probate service publishes current processing times, so it is worth checking rather than relying on a figure someone quoted you. Our page on how long probate takes goes into this in more detail.

Things that genuinely extend the process:

Inheritance tax has to be settled before the grant is issued
The will is disputed, or a claim is made against the estate
Beneficiaries cannot be found
The property does not sell, or a sale falls through
The estate includes foreign assets or complex trusts

None of those are failings on the executor's part. They are reasons, and a good executor tells the beneficiaries about them as they arise.

What you can and cannot do with the property before the grant

Executors regularly ask whether they can start dealing with the house while they wait. T There are plenty of practical things executors can do with the property while they wait for the grant, but significant steps such as completing a sale or distributing estate assets will usually need to wait. Acting too soon can create problems and, in some cases, leave an executor personally responsible for a loss.

Can you empty or clear the house before probate?

Before probate is granted you can enter the property, secure it, and remove perishable items and anything at risk of theft or damage. What you should not do is dispose of, sell or distribute the contents.

The reason is practical rather than bureaucratic. The contents form part of the estate and have to be valued for inheritance tax. Once items are gone, that valuation cannot be done properly, and if a dispute arises later there is no record of what was there. Photograph the contents, keep anything of value, and wait.

Where family members are keen to take mementoes, the safest approach is to make a list of who has taken what and agree it with the other beneficiaries. It sounds excessive. It prevents a great deal of unpleasantness later.

Can a beneficiary live in the property?

Only with the executors' agreement, and it needs thinking about carefully. Someone living in the property affects the insurance position, may affect the council tax exemption, and can make the property harder to sell. If the person living there is also a beneficiary, the other beneficiaries may reasonably ask whether they should be paying rent to the estate.

Where the person was already living there before the death, for example a surviving partner or an adult child, the position is different and usually more sympathetic, but it still needs to be addressed rather than left.

Can you rent it out?

Not before the grant, in most cases. Executors do not have the authority to grant a tenancy until their appointment is confirmed, and doing so creates an obligation the estate then has to honour. Renting out a probate property before the grant is issued can create legal and practical problems, so executors should take advice before granting a tenancy.

After the grant, letting is possible where the will or the beneficiaries permit it, though it brings the estate into landlord obligations, tax on the rental income, and the practical difficulty of selling a tenanted property later. It is rarely the simpler option it appears to be.

Your obligations while the property sits empty

While the estate is being administered, the executors are responsible for the property. This is the part of the role people underestimate, and it is where personal liability most often arises.

Insurance. Buildings policies commonly restrict or withdraw cover once a property has been standing empty for a set period, and that period is usually short. Check the policy wording rather than assuming, and tell the insurer about the death straight away. Unoccupied property insurance is a specific product and it costs more than a standard policy. If the property is uninsured and something happens, the loss falls on the estate, and beneficiaries can look to the executor for it.

Council tax. This is more generous than most executors expect. According to GOV.UK , where you are selling a property on behalf of someone who has died, no council tax is payable until after probate is granted, provided the property stays empty. After the grant, a further six months' exemption may apply while the property remains unoccupied and still in the name of the person who died.

There is also relief from the empty property premium, the higher charge councils apply to long-term empty homes, for up to 12 months after the grant where the property is being marketed for sale or to let. Tell the council about the death promptly, because these exemptions are applied on request rather than automatically.

Security and maintenance. Keep the property looking occupied and maintained. Clear the post, keep the heating on low in winter to prevent burst pipes, check it regularly, and keep a record that you have done so. Where the property is some distance away, arranging for a neighbour or a firm to check on it is money well spent.

Personal liability. GOV.UK puts it plainly: as a personal representative "you're legally responsible for the money, property and possessions of the person who died", and that runs from the date of death until everything has been passed on to the beneficiaries . Executors can be held personally responsible for losses caused by failing to look after estate assets properly. That is not a reason to panic. It is a reason to insure the property, tell the council, and keep notes of what you have done and when.

If you would rather not carry that responsibility on your own, we can take the administration on and deal with these obligations as part of it. There is no charge for the first conversation.

Stamp duty, land tax, and capital gains tax

Stamp duty on a probate property

Inheriting a property is not a purchase, so no stamp duty is payable when a property passes to a beneficiary under a will or the intestacy rules.

Two situations where it does come up:

· A beneficiary buys out the others. If you pay your co-beneficiaries for their shares, that payment is chargeable consideration and stamp duty may be due on it.

· You already own a home. Inheriting a share of a property can affect whether you pay the higher rate of stamp duty on a future purchase, depending on the size of the share and how long you hold it.

Capital gains tax between the probate value and the sale price

The value agreed with HMRC at the date of death becomes the estate's base cost. If the property later sells for more than that figure, the difference is a gain, and capital gains tax may be due on it.

Estates have their own annual exempt amount , available for a limited period after the death, so a modest gain may produce no tax at all. Selling reasonably promptly after the grant usually keeps the gain small in any case, because there is less time for the market to move.

Where a gain does arise, the reporting deadline is short. You must report and pay capital gains tax on UK residential property within 60 days of completing the sale. That is a separate return from the estate's other tax filings and it is easy to miss.

The trade-off worth understanding. A low probate valuation reduces the inheritance tax, which is charged at a higher rate. A high probate valuation reduces the capital gains tax on any later sale. You cannot optimise both, and the right answer depends on whether inheritance tax is actually payable on the estate.

If the estate falls comfortably below the tax thresholds and the house is likely to sell quickly, arguing the valuation down achieves nothing and creates a capital gains bill. If inheritance tax is payable, the calculation is different. This is a decision to make deliberately at the valuation stage, not something to discover after the sale.

If you would like some help with this

Dealing with a property is usually the heaviest part of administering an estate, and it is the part where getting the order of things wrong costs the most. If you are an executor and you are not sure where to start, or you have started and something has become complicated, we are happy to talk it through with you.

We offer a free, no obligation 20-minute chat, and we work on fixed fees for probate, which are published on our fees page so you know the cost before you commit. If you cannot travel to us, we visit clients at home, in hospital and in hospices.

Call us on 0208 515 2790 , or get in touch and we will come back to you.

Frequently asked questions

Power of Attorney Duties and Responsibilities

Thu, 27 Aug 2026 13:43:05 GMT

If someone has appointed you as their attorney under a Lasting Power of Attorney, you must act in their best interests, keep their money separate from your own, keep a record of the decisions you make, and stay within what the document allows. Your authority ends the moment they die.

This guide is for England and Wales. The rules are different in Scotland and Northern Ireland.

Being asked to be someone's attorney is a compliment, and it can also feel like a lot. Most people we speak to are not worried about the big legal principles. They are worried about the ordinary things: whether they are allowed to move money, whether they should be keeping receipts, and whether they are about to get something wrong. Here is what the job actually involves.

What is a power of attorney, and what does POA mean?

A power of attorney is a legal document that lets one person make decisions on behalf of another. The person giving that authority is the donor. The person receiving it is the attorney. You will often see it shortened to POA, and you will see LPA used for the modern version, a Lasting Power of Attorney.

There are two types, and your duties depend on which one you hold.

A property and financial affairs LPA covers money and property: bank accounts, bills, pensions, benefits, investments, and buying or selling a home.

A health and welfare LPA covers care and medical decisions: where the donor lives, their daily routine, the care they receive, and in some cases life-sustaining treatment.

Someone can appoint you under one, or both, and the two behave differently in practice. That difference matters most when you are working out when you are allowed to start.

The words you will keep running into

Donor. The person who made the Lasting Power of Attorney and gave someone authority to act for them. It is their money, their care and their decisions throughout.

Attorney. The person appointed to make decisions for the donor. Nothing to do with the American sense of the word. You do not need to be a lawyer, and most attorneys are family members.

Best interests. The legal test an attorney has to apply to every decision, set out in section 4 of the Mental Capacity Act 2005. It means making the decision that is best for the donor, taking account of their wishes, feelings, beliefs and values rather than simply making the decision you would make for yourself.”

Fiduciary duty. The obligation to put the donor's interests ahead of your own in everything you do with their affairs. It is the reason you cannot benefit from the role.

Jointly and severally. An appointment where any attorney can act alone or all of you can act together. The alternative, jointly, means every attorney has to agree on every decision.

Deputy. Someone appointed by the Court of Protection to make decisions for a person who has already lost capacity and has no Lasting Power of Attorney in place.

When can you start acting as someone's attorney?

Not as soon as the document is signed. An LPA has to be registered with the Office of the Public Guardian before anyone can use it, and registration takes time. A signed but unregistered LPA gives you no authority at all.

Once it is registered, the two types diverge.

A health and welfare LPA can only be used once the donor is unable to make the particular decision themselves. While they can still decide where they live or what treatment to accept, that decision stays theirs, even if you disagree with it.

A property and financial affairs LPA can often be used while the donor still has capacity, if that is what they wanted and the document does not say otherwise. Plenty of people set one up precisely so a son or daughter can manage the banking while they are still perfectly able to decide things for themselves. If the LPA restricts this, the restriction is written into the document, so read it before you do anything.

If you are not sure which situation you are in, check the LPA itself first. It is the instruction manual, and tells you what authority you have

What are your duties and responsibilities as an attorney under a POA?

Your duties come from three places: the Mental Capacity Act 2005 , the Code of Practice that sits underneath it, and the wording of the LPA the donor signed. You are also in what the law calls a fiduciary position, which means the donor's interests come before your own in everything you do with their affairs.

If you only remember two of these, remember the first and the sixth. Most of the cases where an attorney gets into difficulty start with money that was never properly separated.

What does acting in someone's best interests actually mean?

It is the phrase everyone quotes and almost nobody defines, so here is the practical version.

It does not mean doing what you would do. It does not mean doing what the family agrees on. “It means making the decision that is best for the donor, while taking proper account of what they want, what they have said in the past, and the beliefs and values that matter to them.”

Section 4 of the Mental Capacity Act 2005 asks you to think about their past and present wishes, their beliefs and values, and anything they used to say mattered to them. It asks you to involve them as far as they are able, even when they cannot make the final call. It asks you to consult the people close to them where that is practical. And it tells you not to assume anything about what someone wants based on their age, their appearance, or their diagnosis.

It also asks you to choose the option that restricts their freedom least. If there are two ways to keep someone safe, the less restrictive one is usually the right one.

A useful test: if the donor could see the decision you are about to make, would they recognise it as something they would have chosen? If the honest answer is no, think again.

What records do you need to keep?

More than most people expect, and less than most people fear.

Government guidance for attorneys asks you to keep a record of the important decisions you make and when you made them. You do not need to log every small daily thing. If you are handling money, you should also keep a record of the donor's assets, their income, and how you have spent their money.

In practice that means keeping the bank statements, keeping the receipts, and writing a short note when you make a decision that someone might reasonably ask about later. Selling a car, changing a care arrangement, moving savings: those are worth a line in a notebook with the date and the reason.

Keep the donor's money in the donor's own account. Do not move it into yours, even briefly, and even with the best intentions. If the Office of the Public Guardian ever looks at what you have done, clean separate records are the difference between a short conversation and a long one.

Can you be paid, or claim expenses?

You can claim your reasonable out-of-pocket expenses. The Office of the Public Guardian l ists travel, postage, stationery, phone calls and professional fees as legitimate costs. Keep the receipts and record what you have claimed against the donor's money.

Being paid for your time is a different question. If you are a family member or a friend acting as a lay attorney, you cannot charge for your time unless the LPA specifically says you can. If you are a professional, a solicitor or an accountant for instance, you can charge, but only where the document allows it.

The distinction trips people up because the work is often substantial and genuinely feels like a job. It usually is. It is still unpaid unless the donor said otherwise in writing.

Can you give gifts, or spend the donor's money on yourself?

This is the single most common question we are asked, and it is worth being precise about, because it is also where attorneys most often get into trouble without meaning to.

What you can usually do

Section 12 of the Mental Capacity Act 2005 draws the line. You can make gifts on customary occasions: birthdays, weddings, civil partnerships, anniversaries, the birth of a child. Those gifts can go to people related to or connected with the donor, including yourself. You can also give to charities the donor gave to, or would reasonably have been expected to give to.

There is a condition attached to all of it. The gift has to be reasonable in the circumstances, and in particular reasonable against the size of the donor's estate. A £50 birthday present from a substantial estate is one thing. A £5,000 one is another. “You should also consider the donor's previous pattern of giving and whether they can comfortably afford the gift after taking account of their present and future needs.”

What you cannot do without permission

Anything beyond that needs an order from the Court of Protection first. That includes larger gifts, gifts made for inheritance tax planning, interest-free loans to family, and selling the donor's property to yourself or a relative at less than it is worth.

And what you must not do at all

Use the donor's money for your own benefit. Government guidance is blunt about the consequence: you can be ordered to repay money you have misused or spent to benefit yourself.

If you are looking at a decision and thinking "this is probably fine", that hesitation is worth taking seriously. Ask before you act, not after.

What if there is more than one attorney? Can two siblings both do it?

Yes, and it is very common. What matters is how the donor said you should work together, because it is written into the LPA and it is binding.

Some donors mix the two, asking their attorneys to act jointly for big decisions such as selling a house and jointly and severally for everything else. If that is what the document says, follow it.

If you and your co-attorney genuinely cannot agree, you cannot simply outvote each other. ” - The Court of Protection can be asked to decide, though it is work taking advice long before it gets that far.

What can an attorney not do?

Some decisions are outside your authority no matter how sensible they would be.

You cannot make or change the donor's will. Only the Court of Protection can authorise a will for someone who lacks the capacity to make one themselves, which is called a statutory will.

You cannot make a decision the donor is still capable of making. Capacity is decision-specific, so someone might be unable to manage their investments and perfectly able to choose where they go on holiday.

You cannot go beyond the LPA's own instructions, and you cannot use a health and welfare LPA to make financial decisions or the other way round.

Your primary duty is to the donor, not to keeping the rest of the family happy. Relatives often expect to be consulted, and consulting them is frequently sensible, but your obligation is to the donor. If those two pull in opposite directions, the donor wins.

What happens when the donor dies?

Very few guides answer this, and it matters more than almost anything else on this page.

The LPA ends the moment the donor dies. Not when probate starts, not when the funeral is over. Immediately.

From that point you have no authority over their money or their affairs. If you keep paying bills from their account, close accounts, or distribute belongings, you are acting without authority, even though you were acting with authority the day before.

What happens instead is that responsibility passes to the executors named in the will, or to the administrators if there is no will. You may well be one of them, and if you are, your authority now comes from that role, not from the LPA.

Three steps, in order:

1. Stop using the LPA. Freeze what you were doing with the donor's money and tell the bank. Do not carry out any further transactions under the LPA

2. Notify the Office of the Public Guardian. Send them the original LPA and a copy of the death certificate.

3. Hand over to the executors. Pass on your records. The accounts you kept while acting as attorney are genuinely useful to whoever is administering the estate.

If you were both the attorney and are now the executor, it can feel like nothing has changed. Legally, everything has. Our guide to what to do when someone dies sets out what comes next, and the executor's role explains the job you are now doing instead.

Attorney or deputy: what is the difference?

People mix these up constantly, and the difference is about timing.

The short version: an LPA is something you arrange in advance, and deputyship is what happens when nobody did. If you are reading this because a relative has already lost capacity and there is no LPA in place, deputyship is the route, and our deputyship solicitors page explains how it works.

Worried about how an attorney is behaving?

If you think an attorney is misusing their position, mismanaging money, or ignoring the donor's wishes, the Office of the Public Guardian can investigate , and it has the power to apply to the Court of Protection to have an attorney removed.

You do not need proof before you raise it. If something looks wrong, report it. The Court of Protection can also step in where an attorney and the family cannot agree.

Can you stop being an attorney?

Yes. Nobody is trapped in the role.

If the donor still has capacity, you can simply tell them, and they can appoint someone Court of Protection can also step in where an attorney and the family cannot agree.

If they no longer do, you can formally step down by signing a deed of disclaimer and sending it to the donor and to the Office of the Public Guardian.

It is worth thinking about who takes over before you do it. If the donor appointed replacement attorneys, they step up. If they did not, and you were the only attorney, someone may have to apply for deputyship instead. That is not a reason to keep going if you cannot manage. It is a reason to get advice first.

If you are not sure, ask before you act

Most of the attorneys we speak to are doing a careful job and want to know whether one particular decision is theirs to make. That is a short conversation, and it is far easier to have before the decision than afterwards.

We offer a free, no-obligation 20-minute chat. Call us on 0208 515 2790 , and we will talk it through.

If you are setting up an LPA rather than acting under one, our Lasting Power of Attorney solicitors page explains how we can help.

Frequently asked questions

How long after death is a will read? UK timings explained

Sun, 23 Aug 2026 01:45:50 GMT

In England and Wales, there is no formal reading of a will. The executor named in the will can read it straight away, usually within days of the death. Beneficiaries are normally told what they will receive within a few weeks, although the estate itself takes months to settle.

Is there really a "reading of the will", like in films?

No. The gathering where a solicitor reads the will aloud to the assembled family, and everyone learns their share at the same dramatic moment, is a film convention. It is not a step in the legal process in England and Wales.

What people picture as a will reading is closer to an Agatha Christie novel than to modern practice. In reality, the executor simply finds the will, reads it themselves, and lets people know what they need to know. Here is the difference at a glance.

Knowing this matters, because the expectation of a formal event is exactly what leaves so many people waiting for a phone call that is never going to come.

How soon after death is the will actually read?

Usually very soon. The executor will often look for the will within the first few days, sometimes before the funeral, because it can contain the person's wishes about their funeral and burial or cremation. So the practical answer to how long after someone dies is the will read is normally a matter of days, not weeks or months.

People often ask how long after the funeral the will is read, which assumes the funeral comes first. It usually does not. The will is frequently read before the funeral, precisely so the family can follow any wishes it contains.

What takes longer is everything that comes after: applying for probate, settling debts and tax, and paying out what people are due. Reading the will is quick. Sorting out the estate is the slow part, and the two are easily confused.

Who has to make the first move?

This is the part that catches most people out, and it is worth being clear about. Nothing happens automatically. The process only begins when the executor acts.

The executor is the person named in the will to carry out its instructions. Until they step in, no one is notified, no copies are sent, and no clock starts running. If the will is being held by a solicitor, that solicitor may not even know the person has died, so they will not be in touch until someone tells them.

So if you are waiting and have heard nothing, the question to ask is not "when will the solicitor call me". It is "has the executor started yet". Often the honest answer is that everyone is waiting for someone else to move first. If you are the next of kin, it is worth finding out who the named executor is and gently prompting things along. If you would like help understanding what an executor has to do, our guide on the role of an executor of a will walks through it.

Where is the will kept, and how do the executors get it?

A will is usually kept in one of a few places: at home with the person's important papers, at their bank, or with the solicitor who drew it up. Family members are often told where it is, though not always.

If the will is held by a solicitor or a bank, the executor will normally need to prove who they are before it is released. That usually means producing a copy of the death certificate and some identification, and sometimes a written request. This is a sensible safeguard, not an obstacle, and a genuine executor should have no trouble meeting it.

Who is allowed to see the will before probate?

Before probate is granted, the will is a private document. In law, only the executor has the right to read it. Anyone else, including close family and named beneficiaries, has no automatic right to see it until later.

That can feel harsh when you believe you are named in it. In practice, good executors share what people need to know well before the formal stage, and there is no rule stopping them from doing so. But if an executor chooses to keep the contents private for now, they are within their rights.

When does a will become public?

A will becomes a public document once probate has been granted. From that point, anyone can obtain a copy, whether or not they knew the person. Two details are worth knowing, because they surprise people:

Only the most recent will becomes public. If the person updated their will over the years, earlier versions stay private. Only the final valid will enters the public record.
If probate is never applied for, the will never becomes public at all. Where everything was jointly owned and passes automatically, or the estate is small enough that no grant is needed, there may be no probate and therefore nothing added to the public record. Our guide on whether you need probate when there is a will explains when a grant is and is not required.

How to get a copy of a will

Once probate has been granted, you can get a copy of the will yourself, and you do not need anyone's permission. This is one of the most common things people search for, so here is exactly how.

You can order a copy of a will online through the government service, Search probate records for documents and wills on GOV.UK. It lets you check whether probate has been issued and order a copy of the record, including the will if there is one. Each copy ordered online costs £16.

Before probate is granted, there is no public copy to order, because the will is not yet held by the Probate Registry. If you need to see it at that stage and the executor will not share it, the next section explains your options.

When will beneficiaries be told what they are getting?

Once the executor has taken charge, they will usually contact the beneficiaries to let them know they are named and, in broad terms, what they will receive. So the answer to when beneficiaries of a will get notified is normally within a few weeks of the executor starting, often by letter or a phone call rather than any formal meeting.

Being told what you will inherit is not the same as receiving it. There is usually a long gap between the two. The estate has to be valued, debts and any inheritance tax paid, and a grant of probate obtained before money can be paid out. For many estates the whole process commonly takes somewhere between nine and twelve months, and sometimes longer where property has to be sold or the affairs are complicated. Executors also often wait around six months after the grant before making final payments, to allow time for any claims against the estate. If you want a fuller picture of the timings, see how long probate takes .

What if the executor will not show you the will?

Sometimes a beneficiary believes they are named, asks to see the will, and gets nowhere. If that is happening to you, there is a route open to you.

Before probate, you can ask the executor directly, and most will explain what you need to know. If they refuse and you have good reason to think you are affected, you can ask a solicitor to write on your behalf. In rare cases where an executor still will not act, a court application can be made that forces them to obtain probate, which then puts the will into the public record where you can see it.

These situations are uncommon, and most are resolved with a simple conversation. But if you are genuinely being shut out of an estate you have an interest in, that is when it is worth speaking to someone. Our page on contentious probate explains where disputes like this can lead.

Is it the same in Scotland and Northern Ireland?

This guide covers the law in England and Wales. Scotland and Northern Ireland have their own separate systems, and some of the terms and steps are different. In Scotland, for example, the process is called confirmation rather than probate. If the person lived in Scotland or Northern Ireland, the timings and rules here may not apply to you, so it is worth checking advice specific to that nation.

We are here if you need us

Losing someone is hard enough without a pile of questions about wills and probate on top of it. If you are an executor unsure where to start, or you believe you are named in a will and cannot get a clear answer, we are happy to talk it through.

We offer a free, no-obligation 20-minute chat, with no pressure and no jargon. As an SRA-regulated firm authorised to carry out probate work, we can guide you through what needs to happen and in what order. If you cannot easily travel to us, we can visit you at home, in hospital or in a hospice.

Call us on 0208 515 2790 or send us a message , and we will help you work out your next steps.

Wills for Blended Families: Your Options Explained

Sat, 22 Aug 2026 00:44:06 GMT

If you have children from an earlier relationship and a new husband, wife or partner, an ordinary will can quietly do the opposite of what you meant. Wills for blended families have to solve two things at once: keeping the person you live with secure for life, and making sure your own children still inherit what you intended. Those two aims pull against each other, and that tension is the whole difficulty.

This guide is for anyone planning ahead in a second marriage, and for adult children worried about a parent's will. It covers how children get left out by accident, how a life interest trust works, its real drawbacks, and what it costs.

The short version:

● Stepchildren inherit nothing automatically. Under the intestacy rules of England and Wales, only biological and legally adopted children inherit. A stepchild has to be named in a will.

● If you die without a will , your husband, wife or civil partner takes your personal possessions, the first £322,000, and half of the remainder. Your children share the other half.

● Leaving everything to your partner outright puts your children's share entirely in their hands, to spend or to leave elsewhere.

● Mirror wills record two matching intentions. They do not bind the survivor , who can make a new will the following week.

● A life interest trust can give your partner a home for life while ring-fencing capital for your children. It costs more, needs trustees, and has genuine downsides, all set out below.

● Marrying, or entering a civil partnership, cancels an existing will unless it was made in contemplation of that marriage.

● A will that was never updated can sometimes still be corrected after a death , by a deed of variation made within 2 years.

What makes wills for blended families different

Wills for blended families provide for a new partner and for children from a previous relationship at the same time, without leaving either group dependent on the other's goodwill. They matter because the usual approach, everything to your spouse and then to "our children", assumes one family unit. A blended family is at least two.

Nearly everything that goes wrong comes from one place: once an asset passes to someone outright it is theirs, and a promise made to you beforehand changes none of that.

Three ways children get left out of a will by accident:

None of these happens because anyone behaved badly. They happen because of what the law does when a will is silent, or when a will hands someone outright ownership.

1. When There is no will at all

Without a valid will, the intestacy rules decide who inherits, in a fixed order: your husband, wife or civil partner takes your personal possessions, the first £322,000, and half of what is left, and your children share the other half. Stepchildren are not included unless you legally adopted them, and an unmarried partner inherits nothing however long you were together. Our guide to the intestacy rules sets out the full order, and GOV.UK has the official position.

2. When Everything passes to your husband, wife or partner

This is the most common arrangement and the one that surprises families most. Once your share of the house and your savings belong to your partner outright, your children have no legal claim on any of it. Your partner may fully intend to pass it on. They may also remarry, which cancels their existing will, or simply write a new one.

3. When You both make mirror wills

Mirror wills are two near-identical wills, usually leaving everything to each other and then on to an agreed group of children. They are straightforward, inexpensive, and for plenty of couples exactly right. What they are not is binding: the survivor can make a new will the following week. A mirror will records a shared intention rather than locking it in, and that is the biggest misunderstanding we come across on this subject.

How a life interest trust works in a will

A life interest trust, also called an interest in possession trust, splits ownership instead of handing everything over. Your share of the home, or a sum of money, goes into a trust rather than to your partner directly.

Your partner then has the right to live in the property for the rest of their life, or to receive the income from the capital. When they die, that capital is not theirs to give away: it passes to the people you named, usually your own children.

So your partner has security and cannot be asked to leave, your children have an entitlement nobody can rewrite, and if your partner remarries the trust capital does not follow them into the new marriage. Read more about how we set up a trust , or see how GOV.UK explains trust taxation.

What are the disadvantages of a life interest trust?

Most guides on this subject present a life interest trust as the answer and stop there. It is often a good answer, and it also has real costs and real failure points.

Know all of them before you decide:

● It costs more. Our guide fee for a trust is £3,500 + VAT, against £650 + VAT for mirror wills. Full guide fees are on our fees page.

● Someone has to run it. Trustees have ongoing duties: records, tax and reporting, and acting fairly between your partner and your children. That job can last decades.

● It can put your partner and your children on opposite sides. Your partner wants a comfortable home and income; your children want the capital preserved. Choose trustees badly and a structure becomes a standing argument.

● It reduces flexibility. A narrowly drafted trust can leave your partner unable to move somewhere smaller twenty years later. A flexible life interest trust helps, and adds complexity in return.

● The tax position needs thought. Where the life interest is for a spouse or civil partner, the spouse exemption normally applies on the first death, and the trust capital is then treated as part of the survivor's estate when they die. It does not remove value from the estate, and how the residence nil-rate band applies depends on who ultimately inherits. See our page on inheritance tax .

● Sometimes it is the wrong tool. For a modest estate, or a couple whose children are all shared, the cost and administration may buy very little. Specific gifts to your children, a discretionary trust, or a life policy written in trust can do the job more simply.

Will a life interest trust protect your home from care home fees?

No arrangement can be promised to protect a home from care fees, and anyone saying otherwise is overselling.

A trust created by your will takes effect on your death and is not a gift you made during your lifetime, and the deprivation of assets rules local authorities apply are aimed at people who dispose of their own assets while expecting to need care. Those rules sit in Annex E of the government's care and support statutory guidance . Your surviving partner's own share of the home and their own savings still stay theirs, and stay assessable. How a local authority treats a life interest in the other share depends on the facts of the case.

What type of will is best for a blended family?

There is no single best will for a blended family. Wills for blended families come down to three realistic options in England and Wales, and the right one depends on whether your children need protecting from decisions made after your death, and on whether the estate is large enough to justify the cost of a trust.

Guide fees are published under Solicitors Regulation Authority price transparency rules, and the final figure depends on your circumstances.

Does remarrying cancel your existing will?

Yes. Under the Wills Act 1837, marrying or entering a civil partnership automatically revokes an existing will, unless that will was made in contemplation of the marriage and says so. If no new will is made, your estate then passes under the intestacy rules. For blended families this is often the most consequential fact on this page, because a carefully planned will can be undone by a wedding nobody thought to mention to their solicitor.

The Law Commission recommended abolishing this rule in Modernising Wills Law , published on 16 May 2025, with a draft Bill alongside it. That is a recommendation to government rather than a change in the law, so the current rule still applies.

How you own your home matters as much as your will

If you own your home as joint tenants, your share passes automatically to the other owner when you die and your will has no say in it. That is worth reading twice, because a will leaving your share into a trust for your children can be defeated by the way the deeds are drawn. If you own as tenants in common, each of you owns a defined share and can leave it where you choose. Changing from one to the other is a straightforward step called severing the joint tenancy, and for many blended families it is the first thing that needs doing.

Making sure "my children" means what you intend

Ordinary people genuinely disagree about who counts as a stepchild, and a will that says only "my children" inherits that disagreement. In legal terms the phrase means your biological and legally adopted children. Stepchildren are not included unless you name them, or the will defines the term to include them.

Both choices are legitimate. If you want your stepchildren to inherit alongside your own children, they need naming. If you would rather they did not, saying so plainly, with a letter of wishes explaining your reasoning, is far kinder than leaving your family to guess.

If the will was never updated: deeds of variation

A deed of variation is a written agreement, made after someone has died, that redirects part of an inheritance to someone else. It matters for blended families because it is the one route available when a parent died with an out-of-date will, or none at all, and the people who did inherit want to put things right.

The conditions are strict. The variation has to be made within 2 years of the death , it has to be in writing, and everyone left worse off by the change has to agree to it and sign. If it increases the inheritance tax due, HMRC must be told within 6 months of the variation. GOV.UK sets out the rules on altering a will after a death , and the inheritance tax conditions sit in HMRC's guidance on instruments of variation .

In practice this is how a surviving second spouse who inherited everything can pass a share to stepchildren. It depends entirely on the people who inherited being willing, so it is a repair rather than a plan.

What is fair in a second marriage?

"Is that fair?" sits underneath almost every enquiry we take on this subject, usually attached to a specific worry: a new spouse's children standing to inherit alongside, or instead of, your own.

There is no legal answer to fairness. What the law gives you is the ability to be deliberate: to decide who gets what, to say why in a letter of wishes, and to choose a structure that holds. Most of the family conflict we see does not come from a decision anyone disagreed with. It comes from a decision nobody explained, or from a will that quietly stopped doing what it was written to do.

Freq uently Asked Questions

Where to start

You do not need to have decided anything before you speak to us. Most people arrive with a rough worry about fairness rather than a preference between trusts, and working out which option fits your family is the job, not your homework.

We offer a free, no-obligation 20-minute chat to talk it through. If travelling is difficult, we can visit you at home, in hospital or in a hospice. Call us on 0208 515 2790 or use our enquiry form .

Deputyship Fees: Full 2026 Cost Breakdown

Tue, 04 Aug 2026 13:22:46 GMT

What applying really costs in 2026

When someone you love can no longer manage their own affairs and there's no Lasting Power of Attorney in place, applying to the Court of Protection to become their deputy is usually the way forward. The first question most families ask is what it will cost. Here is the honest answer, with every figure in one place: the £432 court application fee, the Court of Protection deputyship fees that continue after appointment, the security bond, and what solicitors charge to handle the application for you.

One thing first: If you're feeling guilty that an LPA was never set up in time, please be kind to yourself. Most families never get round to it, and none of the fees below are a punishment for that. They're simply the cost of the safety net the court puts around a person who can no longer decide for themselves.

All figures on this page were checked against GOV.UK on 23 July 2026 and relate to England and Wales.

Court of Protection deputyship fees at a glance

These are the official fees set by HM Courts and Tribunals Service (HMCTS) and the Office of the Public Guardian (OPG). The deputyship court fee of £432 is paid when you apply, and the OPG fees begin once you're appointed.

Source: GOV.UK, deputy fees . Bond premiums vary by provider and bond amount.

The deputyship application fee

The application fee is £432, payable to HMCTS when you send the court your application forms. The main forms are the COP1 (the application itself) and the COP3 (the capacity assessment completed by a doctor or another qualified practitioner).

There are two types of deputyship: property and financial affairs, which covers money, bills, bank accounts and property, and personal welfare, which covers decisions about care and medical treatment. Each is a separate application, so if you apply for both, you pay the fee twice: £864 in total. Most families only need the property and financial affairs deputyship, because the court grants personal welfare deputyships far less often.

There's usually a separate cost for the COP3 capacity assessment too. Some GPs complete it for a modest fee, while an independent capacity assessor typically charges more.

If paying the fee upfront would be difficult, you may qualify for help through the court's fee remission scheme. We cover that under fee reductions below.

The hearing fee: £266, and most people never pay it

If the court decides your case needs a hearing, there's a further £266 fee. Most straightforward, unopposed applications are decided on the papers alone, with no hearing and no hearing fee. Hearings tend to happen where someone objects to the application, where family members disagree about who should act, or where the court has concerns it wants to explore.

OPG fees after you're appointed

Once the court appoints you, the Office of the Public Guardian supervises you for as long as the deputyship lasts. That supervision is what the ongoing fees pay for.

· £100 assessment fee. A one off fee for new deputies, payable shortly after appointment.

· £320 a year for general supervision. This is the standard level for most deputies.

· £35 a year for minimal supervision. This lower level applies to some property and affairs deputies managing less than £21,000.

You'll also complete an annual deputy report for the OPG each year, setting out the decisions you've made and how the money has been spent. There's no separate fee for the report itself, but it's worth knowing about, because it's the part of the role families most often underestimate.

The security bond

If you're appointed as a property and financial affairs deputy, the court will almost always require a security bond before you can act. The bond is a type of insurance that protects the person you're acting for (the court calls them "P") if their money is mismanaged. You don't need to find the bond amount yourself: you pay an annual premium, a bit like car insurance.

The court fixes the bond level based on the assets you'll manage, and the premium follows from it. Provider rates are typically between 0.11% and 0.2% of the bond amount a year, so a £150,000 bond might cost roughly £165 to £300 a year.

Solicitors' fees for a deputyship application

You can apply without a solicitor, and for some families that's the right choice. Others look at the forms, the capacity evidence, the notification rules and the months of correspondence, and decide they'd rather hand it over, especially while also caring for the person or holding down work.

Our guide fee for a standard deputyship application is £3500 + VAT. That covers preparing the COP1 and supporting statements, arranging the COP3 capacity assessment, notifying the people who must be told, dealing with the court's questions, and guiding you through the bond and your first steps as deputy. Court fees and other disbursements are on top, and we'll always tell you the full picture before you commit. It's the same transparent, fixed fee approach we take across our deputyship service , and it's why families tell us they never felt surprised by a bill.

If your situation is more complex, perhaps a dispute in the family or assets that are hard to trace, we'll say so at the start and agree the approach with you before any work begins.

Can deputyship fees be reduced or waived?

Yes, in two separate ways, because the court and the OPG run separate schemes.

Court fees (the £432 application fee and £266 hearing fee). You can apply for help with fees using form COP44A . Whether you qualify depends on the financial position of the person the application is about, not yours.

OPG fees (the £100 assessment and annual supervision fees). If the person you act for has a gross annual income below £12,000, you can apply for a remission using form OPG120 , which reduces the general supervision fee to £160 a year and the assessment fee to £50. If they receive certain means-tested benefits, the fees can be waived entirely. The £35 minimal supervision fee can't be reduced.

Who actually pays: you or your relative?

This is the question families worry about most, and the answer is reassuring. If you're applying to be a property and financial affairs deputy, the cost of applying for deputyship is recoverable from the funds of the person you're acting for, including the application fee, the bond premium, the OPG fees and, where a solicitor is used, the fixed costs the court allows. You may need to pay some fees upfront and reimburse yourself once you have access to their accounts, but the cost shouldn't ultimately fall on you.

For a personal welfare deputyship the position is less generous, so it's worth taking advice before committing to costs you may not recover.

What does the first year actually cost? A worked example

Here's a realistic first year for the most common situation: one property and financial affairs deputyship, general supervision, a £150,000 bond, no hearing.

From year two onwards, the recurring costs drop to the £320 supervision fee plus the bond premium. Every figure above comes out of the person's own funds, not yours, and the bond premium is indicative rather than fixed.

Deputyship costs vs a Lasting Power of Attorney

A deputyship exists because an LPA was never made while the person still had capacity. The difference in cost can be significant cost difference is stark, and it's the single best reason for the rest of the family to plan ahead now.

Registering an LPA costs £92 per document with the OPG, or £184 for both types. With our fee of £850 + VAT per LPA on top, both LPAs prepared professionally and registered come to around £2,224 in total, once, with no annual fees, no bond and no supervision afterwards. A deputyship, as the worked example shows, can cost more than that in its first year alone and keeps costing every year it runs.

If you're reading this for one parent, it may be worth asking whether the other parent, or you, have a Lasting Power of Attorney in place. It's the kinder, cheaper route, but it only exists if it's made in time.

Frequently Asked Questions:

Talk it through before you decide anything

You don't have to work out the right route on your own, and you certainly don't have to commit to anything today. If you'd like to talk through what a deputyship would cost in your family's situation, and whether it's actually the right step, call us on 0208 515 2790 for a free, or enquire here for a no-obligation 20-minute chat. We'll give you a clear fixed-fee quote for the application before you decide, and if the person you're calling about can't travel, we can visit them at home, in hospital or in a hospice.

Our Court of Protection work is part of what we do every week as an SRA-regulated firm (SRA number 818037), so whatever stage you're at, you'll be talking to people who have guided many families through exactly this.

How much does probate cost in England and Wales?

Thu, 17 Jul 2025 15:51:10 GMT

Probate fees explained for 2026

Probate in England and Wales now starts with a court fee of £526 for any estate worth more than £5,000, following a fee rise on 13 July 2026. Estates of £5,000 or less pay no court fee. If you instruct a solicitor, their fee comes on top, and it depends on how complex the estate is.

Losing someone is hard enough without worrying about hidden legal bills, so this guide sets out every cost when it comes to what the court charges, what solicitors typically charge, the extra expenses people forget to budget for, and what a whole estate might cost from start to finish.

If you would rather discuss your own situation with someone first, call 0208 515 2790 for a free, no-obligation 20-minute chat.

What you actually pay for during probate

Probate is the legal process that gives someone authority to deal with a person's estate after they die: collecting the assets, paying any debts and tax, and passing on what remains to the people entitled to it. If you are new to the process, our guide to what probate is explains it step by step.

The costs fall into three groups:

· The probate application fee. A fixed court fee paid to HM Courts and Tribunals Service when you apply for the grant.

· Professional fees. What a solicitor or probate specialist charges if you instruct one. This is optional, and many simple estates are handled without one.

· Disbursements and expenses. Third-party costs such as property valuations, statutory notices and official copies of the grant.

Everything on this page is about the law of England and Wales. Scotland and Northern Ireland have their own systems and fees, which we do not cover.

The probate application fee in 2026

The probate application fee in England and Wales is £526, and it applies to every estate worth more than £5,000. Estates worth £5,000 or less pay nothing. The fee rose from £300 on 13 July 2026, an increase of just over 75%.

A few points worth knowing about the court fee:

· It is the same whoever applies. You pay £526 whether you apply yourself or a solicitor applies for you. Instructing a solicitor never increases the court fee itself.

· Official copies are cheap if you order them with your application. Copies of the grant cost £2 each when ordered at the same time as your application, but £16 each if you ask for them later. Order enough at the start, because most banks and other institutions each want to see one. Around five is enough for many estates.

· Help with fees exists. If the person applying has a low income or receives certain benefits, they may qualify for help with the fee through the government's Help with Fees scheme.

· A second application costs £22. This applies in limited situations, for example where an executor with power reserved later needs their own grant.

The current fees are published on GOV.UK's probate fees page , and the July 2026 changes were announced in the Ministry of Justice fee update . Always check the live figure before you apply, as fees change from time to time.

How much does probate cost with a solicitor?

Solicitor probate fees in the UK usually follow one of three models, and knowing which one you are being offered is the single most useful thing you can do before instructing anyone.

Fixed fees

For a straightforward estate, many firms offer a fixed fee, typically somewhere between £1,500 and £6,000 + VAT for full estate administration, while a basic "Grant-only" service generally costs between £950 and £2,500 + VAT . A fixed fee means you know the cost from the start, which is why we quote this way wherever the estate allows it.

Hourly rates

Other firms charge by the hour, commonly between £150 and £350 plus VAT, and sometimes more in central London. Hourly billing can be fair for genuinely unpredictable estates, but ask for a written estimate of total hours and a promise to warn you before it is exceeded.

Our fees:
We quote a fixed fee for estate administration wherever the estate allows it, so you know the cost from the start. For a straightforward estate with no inheritance tax to pay, our fixed fee is £6500 £4,500 + VAT , plus disbursements (the third-party costs above, such as the court fee and any valuations).

That fee covers the whole administration, not just the grant: identifying and valuing the assets and liabilities, completing the probate application and the relevant HMRC forms, obtaining the grant, collecting in the assets, settling debts, preparing estate accounts, and distributing to the beneficiaries.

Where an estate is taxable, or involves foreign assets, business interests, a trust, or a dispute, the work is greater and we give you a separate fixed-fee quote before you commit. If you would rather administer the estate yourself and only need the grant, ask about our grant-only service.

Percentage of the estate

Some banks and probate providers charge a percentage of the estate's value, sometimes on top of hourly charges. On a home counties property this can dwarf every other cost in the process. If you are quoted a percentage, ask exactly what it buys and compare it with a fixed quote before you sign anything.

What makes solicitor fees higher or lower

The price reflects the work involved, and these are the things that move it most:

· how many bank accounts, investments and properties there are

· whether inheritance tax is payable and which HMRC forms are needed

· how many beneficiaries there are and how easily they can be found

· whether there is a valid will or the intestacy rules apply

· foreign assets, business interests or trusts in the will

· any hint of a dispute between beneficiaries

⚠Whatever firm you speak to, ask three questions: is the quote fixed or an estimate, does it include VAT and disbursements, and what exactly would make it cost more. A good firm will answer all three in writing without being chased.

Other probate costs to budget for

Beyond the court fee and any legal fees, most estates pick up a handful of smaller expenses. None of them is huge on its own, but together they are worth planning for:

· Property and contents valuations. HMRC expects open market values, and a surveyor's valuation for a property is the safest evidence where tax is in play. Budget a few hundred pounds.

· Statutory notices. Advertising for unknown creditors in The Gazette and a local paper protects executors from personal liability for unknown debts. Typically, a couple of hundred pounds.

· Bankruptcy searches. A small fee per beneficiary, checked before money is paid out.

· Official copies of the grant. £2 each with your application, as above.

· Property costs while the estate is open. Insurance for an empty home, utilities and eventually estate agent and conveyancing fees if a property is sold. These are often the largest "hidden" costs of all.

· A genealogist. Occasionally needed to trace missing beneficiaries.

Who pays for probate?

Probate costs are paid from the estate, not from the executor's own pocket. The application fee is usually paid up front, then reclaimed from estate funds, and many banks will release money from the deceased's account directly to the probate registry or towards a funeral before the grant is issued. Solicitor fees are almost always settled from the estate during administration.

If you are an executor worried about cash flow in the early weeks, that is exactly the kind of thing a free initial chat can settle quickly.

What probate costs look like in practice: three examples

Every estate is different, so treat these as illustrations rather than quotes. They are built from the court fee above and the typical fee ranges quoted across the market in 2026.

Example 1: a simple estate, no property

A widow leaves £40,000 in savings and no property, with a clear will leaving everything to her two children. The family applies for probate themselves.

Example 2: a home and savings, no inheritance tax

An estate holds a Harrow house passing within the inheritance tax allowances, plus savings across three banks. The executors instruct a solicitor on a fixed fee for the grant and administration.

Example 3: a taxable estate with several beneficiaries

A larger estate owes inheritance tax, needs a full HMRC account (form IHT400), and has five beneficiaries, one of whom has moved abroad. Work like this is usually charged at the higher end of fixed fees or by the hour.

Inheritance tax itself is on top of these figures, and we explain why in a moment.

What is the cheapest way to get probate?

Applying yourself is the cheapest route. A personal application costs the £526 fee plus small expenses, and GOV.UK's guidance walks you through it. For a small, simple estate with a clear will, one or two bank accounts and no tax to pay, doing it yourself is a perfectly sensible choice, and we will say so if you ask us.

Professional help earns its fee when the estate is not simple (text linking to future “complex estates” from the website). Be honest with yourself about these red flags:

· inheritance tax is, or might be, payable

· there is no will, or the will's meaning is unclear

· assets abroad, business interests or trusts

· a beneficiary is missing, under 18 or lacks capacity

· the estate might not cover its debts

· anyone has hinted at challenging the will

Executors are personally liable for mistakes in estate administration, which is the real reason people pay for help with complex estates. It is insurance against expensive errors, not a luxury. Our guide on why people use a solicitor for probate goes deeper.

One more cost to weigh is time, and how long probate takes depends on whether or not it runs smoothly, with delays having real financial consequences for some estates.

Is inheritance tax a probate cost?

No. Inheritance tax is a tax on the estate, not a cost of the probate process, and plenty of estates pay no inheritance tax at all. The two get tangled together because they arrive at the same time: where tax is due, HMRC must be paid, at least in part, before the probate registry will issue the grant, and the tax forms are often the largest piece of work in the whole administration.

So when you budget, keep the two lines separate: probate costs are the fees on this page, and inheritance tax depends on the estate's value and allowances.

Can you avoid probate costs altogether?

Sometimes, though less often than the internet suggests. Probate may not be needed where assets were owned jointly, because joint bank accounts and homes held as joint tenants usually pass automatically to the surviving owner. Small holdings may also be released without a grant, at each institution's discretion. Our guide on how much an estate has to be worth to need probate covers the thresholds banks apply.

Be careful with schemes that promise to "avoid probate" through lifetime trusts or transferring your home to children. These arrangements have serious legal and tax consequences, can go badly wrong, and probate is often still needed anyway. Genuine estate planning can reduce cost and delay for your family, but it should be planned with advice, not bought off the shelf.

Five practical ways to keep probate costs down

Order official copies with the application. £2 each now, £16 each later.
Get quotes in writing and compare models. A fixed fee, an hourly estimate and a percentage charge can differ by thousands on the same estate.
Do the legwork yourself. Gathering statements, valuations and paperwork before your first solicitor meeting reduces billable time.
Consider a grant-only service. If you are happy to administer the estate yourself, paying a solicitor just to secure the grant keeps professional fees down.
Keep good records from day one. A simple spreadsheet of assets, debts and correspondence prevents duplicated work later, whoever does the administration.

Talk it through before you spend anything

Ten minutes on the phone is often enough to tell you whether your estate is one you can handle yourself or one where help will pay for itself. Either way, you will know where you stand before committing a penny.

Call 0208 515 2790 or book a free, no-obligation 20-minute chat . We help families across Harrow and North West London with probate every week, and we offer home, hospital and hospice visits where getting to us is difficult.

Who Can Witness a Will? Rules in England and Wales

Tue, 01 Jul 2025 08:21:06 GMT

In England and Wales, a will must be signed in front of two witnesses who are both there at the same time . Almost any adult can do it, as long as they are 18 or over, they understand what they are watching, they can see you sign, and they are not inheriting anything under the will.

That last condition is the one that catches people out, and it is worth understanding properly before you ask anyone.

What the law actually requires

The rules come from section 9 of the Wills Act 1837, which is still the governing law. For a will to be valid it must be:

in writing
signed by you (the person making the will, known as the testator), or by someone else in your presence and at your direction
signed in a way that shows you intended the signature to give effect to the will
signed or acknowledged by you in front of two or more witnesses present at the same time
signed by each of those witnesses in your presence

GOV.UK adds that you must be 18 or over, of sound mind, and making the will voluntarily. Everything else on this page follows from those few lines.

Who can witness a will: the three conditions

A witness needs to meet all three.

They must be 18 or over. In England and Wales that is the age GOV.UK gives for both witnesses.

They must understand what they are doing. A witness needs no legal training and does not need to read your will, but they do need to understand that they are watching someone sign a legal document. Somebody asleep, unwell or who has had a few drinks is not a safe choice, because a witness may one day be asked to confirm what they saw.

They must be able to see you sign. Witnessing is a visual act, so your witness needs a clear view of you putting your signature on the page. That is why everyone has to be in the same room.

Who cannot witness a will, and what happens if they do

A beneficiary must not witness your will. Neither must the husband, wife or civil partner of a beneficiary. This comes from section 15 of the Wills Act 1837.

If one of them does, the will itself usually stays valid but their gift fails. They do not inherit. The rest of your wishes carry on exactly as written, and the person you were trying to provide for is the one who loses out. Asking the wrong person does not usually destroy your will. It quietly removes somebody from it.

Also avoid anyone under 18, anyone who cannot see the signing, and anyone who might later have a reason to argue about what your will says. A witness with no stake in the outcome is much harder to challenge.

Can this person witness my will?

Use this as a quick check before you ask anyone.

Can a family member witness a will?

Legally, yes, provided they are not inheriting and are not married to or in a civil partnership with somebody who is.

Practically, it is worth pausing. A witness closely connected to you gives someone an easier argument to make about pressure or influence if your will is ever questioned. It does not make the will invalid. It makes it easier to attack, so an independent witness is the stronger choice where you have one available.

One point that gets missed: pick witnesses likely to outlive you and still be findable. A witness who has moved abroad is hard to trace years later, and that slows things down for your executors.

Can a married couple both witness the same will?

This is a common question and a hard one to find a straight answer to online, because most guidance only covers the spouse of a beneficiary.

What the rules clearly say is that the restriction attaches to inheriting, not to the couple's relationship with one another. So the question is not "are these two married to each other?" but "is either of them inheriting under this will, or married to somebody who is?" If the answer to both halves is no, the section 15 problem does not arise.

If you are unsure, the safest route is to use two unrelated witnesses, or to have your solicitor arrange the signing.

Can an executor witness a will?

Yes, as long as your executor is not also inheriting under the will.

This one trips people up because the roles feel similar and often go to the same person. Being an executor means carrying out your wishes after you die, and that job on its own gives them nothing under the will, so it does not stop them witnessing. But an adult child named as both executor and beneficiary cannot witness, because the beneficiary rule applies.

If you are still deciding who should take it on, our guide to choosing your executors walks through it.

Can a solicitor witness a will?

Yes, and it is often the easiest answer to the whole problem.

Where a solicitor prepares your will they will usually witness the signing as part of the work. That removes any question about whether the signing was done correctly, and it means somebody was present who can confirm you understood the document and were acting freely, if that is ever queried.

A will does not have to be written or signed by a solicitor to be valid, and you can write your own. What a solicitor adds is that the signing is handled properly first time, which is the part that cannot be fixed afterwards. Our wills service covers drafting and signing together, with guide fees on our fees page.

How many witnesses does a will need, and who signs first?

Two, and both must be there at the same time when you sign.

The order matters more than most people expect:

Everyone gets in the same room. You and both witnesses, together, before anything is signed.
You sign , in full view of both witnesses. If you have already signed, you point to your signature and confirm to both of them that it is yours.
The first witness signs , while you and the second witness watch.
The second witness signs , while you and the first witness watch.

Each witness then adds their full name, address and occupation, so they can be traced if anyone ever needs them to confirm what happened.

Two further points. Your witnesses do not need to read your will or know what is in it. And all the signatures belong to the same sitting: one witness signing in the morning and the other that evening is the kind of gap that causes problems later.

Remote witnessing by video call was allowed temporarily during the coronavirus pandemic. That arrangement has ended, and wills must be witnessed in person again.

So who can you actually ask?

If your family are all beneficiaries and their partners are too, the list of people you are allowed to ask can start to look very short. It is not.

A neighbour. The most common choice there is. They watch you sign and add their details, nothing more.
A colleague. Two people at work, if you would rather keep it away from home.
A friend who is not in the will. Someone reliable and easy to find in future.
Your solicitor. If getting two suitable people into one room is the obstacle, this usually solves it.
Your doctor. Worth considering if anyone might later question whether you understood what you were signing.

Nobody has to agree to be a witness, and anyone uncomfortable, or who realises they stand to inherit, should say so rather than sign.

If travelling is difficult, or the person making the will is unwell or in hospital, we can come to you. Home, hospital and hospice visits are often the practical answer to the signing rather than a luxury.

Do the rules differ in Scotland and Northern Ireland?

Yes, and it matters, because much of the guidance you will find online describes a different legal system. Everything on this page applies to England and Wales .

Scotland requires one independent adult witness rather than two, that witness can be 16 or over, and the person making the will signs the bottom of every page. Northern Ireland requires two witnesses aged 18 or over.

If the will covers assets outside England and Wales, or the person making it lives elsewhere, take advice on which country's rules apply before signing.

If you would like a hand with the signing

Most people only do this once, and the part that cannot be corrected afterwards takes ten minutes to get right. If you would rather not leave it to chance, we can draft your will and handle the signing with you.

No pressure and no obligation. Call us on 0208 515 2790 for a free 20-minute chat, or send us an enquiry.

Will Storage: How and Where to Safely Store Your Will

Tue, 01 Jul 2025 07:43:27 GMT

When it comes to writing your will, many people focus on getting the wording right and choosing the right executor - but storing the document securely is just as important. If no one can find your will after your death, it’s as if it never existed. In this guide, we explore the most secure and practical options for will storage, so your final wishes are accessible exactly when they’re needed.

Why Proper Will Storage Matters

Once your will is signed and witnessed correctly, it becomes a legally binding document. But its power only comes into play if it can be found and presented to the probate registry after your death.

Storing your will properly:

Prevents loss or damage from fire, water, or everyday accidents
Avoids disputes caused by outdated or missing versions
Ensures your executor can act quickly and confidently

Where to Store a Will in the UK

There’s no legal requirement to store your will in a specific location, but some options are far safer and more practical than others.

At Home

This is the most common - and often riskiest - method. Even if you keep your will in a safe or locked drawer, your executor may not know where to look or how to access it. Fire, water damage or accidental disposal are also risks.

If you choose this route, use a fireproof safe and inform your executor of the exact location.

With a Solicitor

Many solicitors offer secure will storage, often for free if they drafted your will. This is one of the safest options, particularly if your executor knows which firm to contact.

At the Probate Registry

The government offers an official will storage service through HMCTS for a small one-time fee. You receive a certificate of storage, and your executor can apply to retrieve the will after your death with proof of identity and a death certificate.

Through a Will Storage Company

Specialist providers offer secure document storage - often with fireproof protection, access controls, and optional extras like update reminders. Choose a regulated and reputable company if you go this route.

Digital Copies

You can keep a scanned copy for convenience, but only the original signed document is legally valid for probate. A digital copy can help your executor locate the original, but cannot be submitted in its place.

Who Needs to Know Where the Will Is?

Storing your will properly is pointless if no one knows where it is. Tell your executor, a trusted family member, or your solicitor. It’s also wise to write down instructions somewhere accessible - such as with your personal papers or in a letter of wishes - in case the executor cannot be reached immediately.

What Happens If the Will Is Lost?

If the original will can’t be located after death, the law assumes it was destroyed - even if that wasn’t the case. Without strong evidence (such as a copy and witness statements), your estate may be distributed under intestacy rules or an older will, which could go against your wishes.

When Mental Capacity Is a Concern

Even with perfect storage, a will can still be challenged if someone disputes your mental capacity at the time it was written. If there are any concerns - such as dementia, memory loss or complex family circumstances - it’s wise to document your capacity clearly.

In some cases, appointing a deputy through the Court of Protection may be necessary to help manage or verify decisions, especially when writing a will on someone else's behalf.

Best Practices for Storing a Will

To make sure your will stands the test of time and is easy to retrieve when needed:

Store the original in a fireproof and waterproof location
Avoid folding, stapling, or writing on the will after it’s signed
Review your storage choice whenever your personal circumstances change
Confirm your executor knows where to find it - and how to access it

Final Thoughts

Choosing the right will storage solution is as important as drafting the will itself. Whether you use a solicitor, a government service, or a secure storage provider, your goal is the same: to ensure your executor can find your will easily and carry out your wishes without delay or confusion.

If you're unsure which option is best for your situation, a solicitor can help you make the right choice for your needs and your estate.

Inheritance Tax: The Ultimate Guide

Tue, 01 Jul 2025 06:48:38 GMT

Inheritance tax is one of those topics that can make anyone’s head spin, especially when dealing with the emotional weight of losing a loved one. At Ash Hill Solicitors, we appreciate that understanding inheritance tax isn’t just about numbers; it’s about planning, protection, and peace of mind. So, whether you’re wondering how much is inheritance tax or looking for ways to minimise the burden, this guide covers what you need to know - plain and simple.

What Is Inheritance Tax?

Inheritance tax (IHT) is a tax on the estate of someone who has died. In the UK, it applies to the value of the estate above a certain threshold - the inheritance tax threshold - currently set at £325,000 for individuals, known as the nil-rate band. This means estates valued below this amount are generally exempt from IHT. Above that, the tax is charged at 40% on the excess, which can feel like a lot, especially when you’re already dealing with the stress of probate.

But here’s the good news: there are reliefs and exemptions that can help reduce this bill significantly. For instance, transfers between spouses or civil partners are usually exempt from inheritance tax, which becomes especially relevant when the second parent dies. Additionally, there’s a residence nil-rate band that can further increase the threshold if a home is being passed to direct descendants.

How Does the Inheritance Tax Threshold Work?

Understanding the inheritance tax threshold is key to grasping how much tax might be owed. The basic nil-rate band is £325,000, as mentioned, but it can increase if you qualify for the residence nil-rate band, which was introduced to protect family homes.

This residence nil-rate band adds up to £175,000 (in the 2024/25 tax year), meaning that if you pass your home to your children or grandchildren, the combined threshold could be as high as £500,000 - or £1 million for a couple.

However, if the estate value exceeds these thresholds, the inheritance tax applies to the amount above the combined limit. It’s important to note that the rules around these thresholds and reliefs can be complex, and small mistakes could cost a lot in tax.

How to Avoid Inheritance Tax - Or at Least Reduce It

Avoiding inheritance tax entirely might sound like a pipe dream, but there are several legitimate ways to reduce the liability. Making use of exemptions like gifts made during your lifetime (provided you survive seven years after giving) can shrink your taxable estate.

Setting up trusts or leaving money to charity are other common methods. Charitable donations not only help causes close to your heart but also reduce your inheritance tax bill, as they are exempt from tax.

For parents especially, planning ahead is critical, as inheritance tax when the second parent dies can often be a surprise. Proper estate planning with the right legal advice can make a world of difference.

What Happens If There’s No Will? The Role of Intestacy Laws

When someone dies without a valid will, inheritance and intestacy laws come into play. These laws dictate how the estate is distributed, but importantly, they don’t affect the inheritance tax liabilities. The tax still needs to be paid on the estate's value above the threshold.

Navigating intestacy can be tricky, and it’s one of the reasons why we always recommend seeking trusted advice for probate procedures. Clear wills and careful planning avoid unnecessary complications and ensure your estate is passed on according to your wishes, with the tax implications fully understood.

When Does Inheritance Tax Need to Be Paid?

Inheritance tax is usually payable within six months of the end of the month in which the person died. If it’s not paid on time, interest charges can apply, which only adds to the burden.

Sometimes, part of the estate - such as property - can be used to pay the tax through a payment scheme, but this requires planning and communication with HMRC.

Why Professional Advice Matters

Inheritance tax is anything but straightforward. It intersects with estate planning, wills, trusts, and probate law, and one misstep can have costly consequences. At Ash Hill Solicitors, we provide tailored advice that fits your unique situation. Whether you’re planning ahead or managing an estate, our expertise ensures you understand your options and obligations clearly.

For those facing probate, our team offers trusted advice for probate procedures , helping you navigate the process efficiently while managing tax responsibilities.

Final Thoughts

Inheritance tax can seem like an inevitable part of passing on wealth, but with the right knowledge and planning, you can significantly reduce its impact. Understanding thresholds, exemptions, and the interplay with inheritance and intestacy laws allows you to make informed decisions for your family’s future.

If you’re unsure where to start or have questions about inheritance tax when the second parent dies, it’s wise to consult professionals. At Ash Hill Solicitors, we’re here to guide you through every step - making the complex simple and supporting you when it matters most.

How Much Does an Estate Have to Be Worth to Go to Probate in England and Wales?

Tue, 17 Jun 2025 14:13:36 GMT

Before we get into thresholds and pound signs, let’s get clear on what probate actually means.

Probate is the legal process that gives someone the authority to deal with a deceased person’s estate. That might include managing bank accounts, selling property, paying debts, distributing assets, and settling any outstanding tax. The person in charge is usually the executor, if there’s a will, or an administrator, if there isn’t.

But probate isn’t always required. And that’s where things get slightly murky – especially when trying to understand when, and why, an estate does go through probate.

We’ve broken it all down below.

So, How Much Does an Estate Have to Be Worth to Go to Probate in England and Wales?

There’s no fixed national threshold written into law. Annoying, we know. Instead, the threshold depends on the bank, building society or financial institution holding the assets.

Most institutions set their own internal probate thresholds – usually ranging from £5,000 to £50,000. Some are stricter than others. So while one bank may release funds under £15,000 without probate, another might insist on a Grant of Probate even for smaller sums.

As a general rule of thumb:

If the estate includes property, probate is almost always needed
If there are significant financial assets (bank accounts, shares, investments), probate may be required
If the estate is small, with no property and minimal cash, you might not need probate at all

But again, this isn’t a legal cut-and-dry situation – it comes down to who holds the money and what they require before releasing it.

When Does an Estate Go to Probate?

An estate usually goes to probate when it includes assets in the sole name of the person who died that cannot be transferred without legal authority. The most common triggers are:

· Property or land in their sole name. The Land Registry needs a grant before the property can be sold or transferred.

· A share of property held as tenants in common. The deceased person's share does not pass automatically to the co-owner, so probate is usually needed to deal with it. This is different from joint tenants, which we explain further down.

· Stocks, shares and investments in their sole name. Share registrars often set low limits, sometimes as little as £5,000 to £15,000.

· A bank account above that bank's release limit.

· The institution simply asks for it. Some organisations request a grant even for modest sums. Their policy decides, not a statute.

· A dispute or complication. Contested wills, creditor claims and estates involving trusts generally need the formal authority a grant provides.

If there is a valid will, the executor applies for a Grant of Probate. If there is no will, a close relative applies for Letters of Administration instead, which give the same authority. Both are types of grant of representation, and everything on this page about thresholds applies equally to both.

How Much Money Can You Have in the Bank Before Probate Is Needed?

Each bank publishes its own limit for releasing money without probate. At most large high street banks the figure now sits between £25,000 and £50,000, while smaller institutions and NS&I can be considerably lower.

Three practical points matter more than the exact numbers:

· Always ask the bereavement team. Limits change, and banks apply them with discretion. A bank may look at the whole estate, not just the account it holds, before deciding.

· Banks can ask for an indemnity. For balances near the limit, some will release funds if the executor signs a form promising to repay if anything later goes wrong.

· Funeral costs come first. Most banks will pay the funeral invoice, and often the probate court fee, directly from the account before any grant exists. If money is tight in the early weeks, ask about this.

What Counts Toward the Value of the Estate?

The total value of the estate includes pretty much everything the person owned in their sole name at the time of death, such as:

Property or land
Bank and savings accounts
Shares and investments
Vehicles
Personal possessions with significant value (think art, jewellery, etc.)

Jointly owned assets typically pass automatically to the surviving owner and don’t form part of the probate estate, though they still need to be valued for inheritance tax purposes.

And yes, debts are taken into account too – but the value of the estate for probate purposes is the gross value, not the net. So even if the person had debts, if they had high-value assets, probate may still be required. A person with a £300,000 house and a £250,000 mortgage still has a £300,000 asset for the probate decision, even though the estate's net worth is far smaller.

Some things sit outside the probate estate altogether:

· Joint assets that pass by survivorship. More on these below.

· Pensions with a nominated beneficiary. Most pension death benefits are paid at the scheme's discretion to the person nominated, outside the estate.

· Life insurance written in trust. Paid directly to the beneficiaries, with no grant needed.

· Assets already held in trust. The trustees deal with these under the terms of the trust, not the will.

These often still need to be valued for inheritance tax, which is a separate exercise, but they do not push the estate towards probate.

Joint Tenants and Tenants in Common: The Difference That Decides Everything

Jointly owned assets are the most common reason probate turns out not to be needed, but only one kind of joint ownership works that way.

· Joint tenants. The asset passes automatically to the surviving owner the moment the other dies. A death certificate is usually all the bank or Land Registry needs. Most joint bank accounts, and most couples' homes, are held this way.

· Tenants in common. Each owner holds a distinct share, and the deceased person's share passes under their will or the intestacy rules rather than to the co-owner. Probate is usually needed to deal with that share.

If you are not sure which applies to a property, the title register from the Land Registry will show it. This one distinction changes the answer more often than any bank threshold does, so it is worth checking early.

How to Find Out the Value of a Deceased Person's Estate

Working out what the estate is worth is the first practical job, and the official process on GOV.UK has three steps.

1. List everything and note how it was owned. Go through paperwork and post for every account, policy, property and debt, and record whether each asset was held in the person's sole name, in joint names, or in a trust.

2. Get date of death valuations. Write to each bank and institution for the balance at the date of death. For property, an estate agent appraisal is often enough for a simple estate, though a chartered surveyor's valuation is safer where inheritance tax may apply. Ask a jeweller, auctioneer or specialist about any valuable possessions.

3. Compare each sole asset against the relevant threshold. Property in a sole name means probate. Otherwise, check each sole account against that institution's own limit.

Two deadlines sit behind this. If inheritance tax is due, the estate must be reported to HMRC on form IHT400 within a year of the death, and the tax itself starts accruing interest six months after the end of the month in which the person died. Most estates owe no tax at all and count as excepted estates, which need only a short summary of values as part of the probate application rather than a full HMRC account.

Valuing an estate properly can take weeks or months. That is normal, and it is far better than guessing, because the values you report are the foundation for everything that follows.

When Is Probate Not Needed?

There are a few common scenarios where probate might not be necessary:

The estate is small (generally under £5,000 to £15,000 depending on the institution)
All assets are held jointly with a surviving spouse or partner
There’s no property involved
There’s a valid will, and the institutions involved are willing to release funds without formal probate

Sometimes families assume they always need to apply – but you might not. It’s worth checking with each organisation that holds money or assets, because the requirement is often driven by internal policy rather than a legal mandate.

Still, be cautious. It’s tempting to skip probate if it seems unnecessary, but if it turns out later that you need it (say, to sell a property), that delay can cause stress and added expense.

Is There a Risk in Skipping Probate?

Yes – if probate should have been applied for but wasn’t, executors or administrators could find themselves in legal hot water. Handling an estate without the correct legal authority might expose you to liability, especially if disputes arise or creditors emerge.

Even where it isn’t strictly required, having a Grant of Probate can offer protection and clarity. You know you’re the right person to act. You know the estate has been valued and assessed. You’ve got court authority to proceed.

We think of it like a seatbelt – sometimes it’s not strictly needed for a short journey, but it’s often still wise to wear one.

Inheritance Tax Doesn’t Equal Probate (But They Overlap)

One common point of confusion: inheritance tax (IHT) and probate are not the same thing. However, they’re connected.

The £325,000 figure people often quote is the inheritance tax nil rate band, not a probate threshold. It has nothing to do with whether a grant is needed. To be precise about the difference:

· Inheritance tax is charged at 40 per cent on the part of an estate above £325,000 for the 2026/27 tax year. That threshold can rise to £500,000 where a home is left to children or grandchildren, and anything left to a spouse, civil partner or charity is exempt.

· Probate is the legal authority to deal with the estate, and the thresholds that matter are the bank limits set out above.

If the estate is over the nil rate band, inheritance tax may be due, and you can't get a Grant of Probate until the IHT paperwork has been completed and at least some of the tax paid.

In short: if inheritance tax applies, probate is likely part of the process too. But the reverse is not true. An estate can need probate and owe no inheritance tax at all, which is much the most common combination. Even if the estate is below the IHT threshold, you might still need probate to access certain accounts or transfer property. Our Inheritance Tax: The Ultimate Guide covers the tax side in full.

What If You Do Need Probate?

If it turns out a grant is needed, the application itself is manageable.

· You apply online or by post to HM Courts and Tribunals Service.

· The application fee is £526 for estates worth more than £5,000, following the increase in probate fees on 13 July 2026 . Estates of £5,000 or less pay nothing. Many older guides still quote £300, which is now out of date.

· Order official copies of the grant at the same time as your application, when they cost £2 each. Copies ordered later cost £16 each, and most institutions will want to see one, so it pays to think ahead about how many you need.

The court fee is only part of the picture. Our guide to how much probate costs covers solicitor fees, disbursements and worked examples.

How Long Does Probate Take?

Short answer: it varies. But you’re likely looking at 8 to 12 weeks to get the Grant of Probate if everything is straightforward. More complex estates, disputed wills, or missing paperwork can drag things out.

And remember, probate is only the start. Administering the full estate – selling property, settling debts, distributing funds – can take several months or even over a year.

Quick Check: Does the Estate Need Probate?

Run through these five questions:

1. Did the person own property or land in their sole name, or as tenants in common? If yes, probate is almost certainly needed.

2. Did they hold shares or investments in their sole name above the registrar's limit? If yes, probably needed.

3. Is any single sole name account above that bank's published limit? If yes, probably needed.

4. Was everything held jointly as joint tenants, or nominated to beneficiaries? If yes, probably not needed.

5. Are you unsure how anything was owned? Find out before doing anything else. Ownership decides the answer.

Frequently Asked Questions

What Should You Do If You’re Not Sure?

You’d be surprised how often people are left in limbo after a loved one passes away, unsure whether to apply for probate, or even where to begin. That’s where specialist guidance really makes a difference.

At Ash Hill Solicitors, we offer legal support for managing estates in Harrow . Whether the estate is modest or complex, we help families navigate probate requirements, inheritance tax, and executor duties with clarity and care.

A short conversation is often all it takes to know whether you need a grant, what the estate is worth, and what order to do things in. You can talk it through with our the team in a free, 20-minute chat. Call 0208 515 2790, come and see us in Harrow, or ask about a home visit.

If you're still unclear on how probate works, you may want to explore our guide: What is Probate: Everything You Need To Know .

Final Thoughts

There’s no single figure that determines whether an estate must go to probate in England and Wales. It’s a mix of thresholds set by banks, the presence of property, and the value and type of assets involved.

While it can be tempting to guess or delay, the truth is: it’s better to know than assume. Even a brief conversation with a solicitor can save months of uncertainty.

Probate isn’t always needed, but when it is, it matters. And if you’re not sure where your situation sits, we’re here to help.

Do You Need Probate if There Is a Will?

Tue, 17 Jun 2025 14:12:27 GMT

It’s a question we hear often – do you need probate if there is a will? Many people assume that a will automatically means probate isn’t needed. In reality, it’s not quite that simple.

Having a valid will does help, of course. It makes the process clearer, often smoother. But it doesn’t remove the need for probate altogether. The key question isn’t whether there’s a will – it’s about what the deceased owned, how much it was worth, and how those assets were held.

So, let’s go through it properly.

What Probate Actually Does (With or Without a Will)

Probate gives someone the legal authority to carry out the wishes set out in a will – or, if there’s no will, to follow the rules of intestacy. That authority comes in the form of a Grant of Probate if there is a will, or Letters of Administration if there isn’t.

Even when the will names an executor, that person still needs the court’s formal permission before they can act on behalf of the estate. Probate is what makes that happen.

Think of the will as the instruction manual. Probate is the court’s stamp saying, yes, these instructions are valid, and this person has the right to follow them.

When Probate Is Likely Required – Even If There’s a Will

Having a will doesn’t always mean you can skip probate. You’ll likely need it if:

The deceased owned property or land in their sole name
There are substantial assets in their sole name, such as savings, shares or investments
A bank or institution asks for probate before releasing funds – many do, especially for amounts over £15,000 to £50,000
The estate includes complex financial arrangements (e.g. business assets, foreign investments)

Each case is different. Some banks are stricter than others. One may release £20,000 without a Grant of Probate, another may require it for £10,000. It’s frustrating, but that’s how it works.

If there’s any real value in the estate, or any property involved, probate is usually part of the picture – regardless of whether a will exists.

When You Might Not Need Probate

There are situations where probate might not be necessary, even with a will in place. For example:

If all assets were jointly owned, they typically pass automatically to the surviving owner
If the estate is very small – think under £5,000 – and institutions are happy to release the funds without probate
If the only assets were insurance policies or pensions that name specific beneficiaries

In these cases, the executor named in the will can carry out their role informally – because there’s nothing requiring legal authority to unlock.

That said, it’s still important to check with each institution before making assumptions. Some may ask for probate even for modest sums, particularly if they’re risk-averse or if the account’s been untouched for years.

Why Probate Still Matters – Even When You Think You Don’t Need It

Here’s the issue: without a Grant of Probate, you may not be recognised as the legal authority to act on behalf of the estate. That can slow things down. Sometimes, it can halt everything entirely.

Let’s say there’s a house to sell. If it was owned solely by the deceased, the Land Registry won’t allow the transfer without probate. Or maybe you’re dealing with investment accounts – again, those firms will often require formal documentation.

It’s also worth noting that probate protects you as an executor. Once granted, it confirms your legal authority and gives you a clear framework to work within. If disputes arise – and sometimes they do – it’s harder to challenge decisions made under an approved probate order.

So Why Write a Will at All, Then?

Some might be wondering – if probate is still needed, what’s the point of a will?

The answer is certainty. A will makes it much easier to get through the probate process. It tells the court who the deceased wanted to act as executor, and how they wished their assets to be divided.

Without a will, everything is handled under England and Wales’s intestacy rules – which may not reflect the person’s actual wishes. Family members might have to apply to become administrators, and distribution follows a strict formula.

A valid will doesn’t eliminate probate, but it makes the whole journey clearer and more manageable.

If you’re thinking about putting your own will in place, our expert advisors for will preparation can guide you through every step.

Do You Always Need a Solicitor for Probate?

No – not legally. But in practice? It depends on how complicated things are.

If the estate is large, if it involves property, multiple bank accounts, or inheritance tax… then yes, it’s often a smart move to get professional support. A solicitor can help you:

Navigate the paperwork
Avoid common delays
Ensure tax is calculated and paid properly
Deal with any disputes or unexpected issues

There’s also the peace of mind that comes from knowing everything’s being done correctly.

If you’re unsure where to start, take a look at our comprehensive guide to Probate – it covers the key steps, common pitfalls, and when to seek help.

Final Thoughts

Having a will doesn’t necessarily mean you won’t need probate. The two things are related – but one doesn’t cancel out the other.

The real question is about the assets. What’s in the estate? How is it held? What will the banks or institutions require before releasing it? That’s what drives whether probate is needed, not just whether a will exists.

At Ash Hill Solicitors, we work with families every day to help them understand their role, navigate the system, and manage the legal process with clarity. Whether you’re administering an estate or writing your own will, we’re here when you need us.

Intestacy Rules in England and Wales: A Comprehensive Guide

Tue, 17 Jun 2025 14:11:35 GMT

When someone dies without a valid will, their estate doesn’t just get divvied up at random. It’s distributed according to a fixed set of legal guidelines known as the intestacy rules. These rules determine who inherits what, in what order, and how much.

Sounds simple? Sometimes it is. But more often than not, it creates confusion, unintended outcomes, and (frankly) stress for the people left behind.

At Ash Hill Solicitors, we regularly speak to families who assumed they’d automatically inherit, only to discover the rules say otherwise. So, this guide exists to lay it all out plainly. No guesswork. No surprises. Just clarity.

Who Inherits Under the Rules of Intestacy?

Let’s start with the basics. If there’s no will, here’s how the estate is generally distributed:

1. Married or Civil Partner (With No Children)

The entire estate passes to the spouse or civil partner.

2. Married or Civil Partner (With Children)

The partner gets:

All personal possessions
The first £322,000 of the estate (as of May 2025)
Half of anything above that

The children share the remaining half equally.

Important to note: this applies to biological and legally adopted children only. Stepchildren are not included unless legally adopted.

3. No Partner, But Children

Everything is divided equally among the children. If any child has died, their share passes down to their children (i.e. the grandchildren).

4. No Partner, No Children

There’s a set hierarchy:

Parents
Siblings (or their children if siblings are deceased)
Half-siblings
Grandparents
Aunts and uncles (or their children)
Half-aunts and uncles

If no relatives are found at all, the estate goes to the Crown. It’s called bona vacantia – ownerless goods. Not the most romantic ending.

What About Unmarried Partners?

Here’s where things often get painful.

If you weren’t married or in a civil partnership – no matter how long you were together, no matter how joint your lives were – you have no automatic right to inherit under intestacy rules.

That’s the law. Even if you owned a house together, had children, shared finances. You may need to go to court to make a claim, often under the Inheritance (Provision for Family and Dependants) Act 1975.

It’s one of the strongest arguments for writing a will – especially if you’re not married but share your life with someone.

What Doesn’t Intestacy Cover?

Even when the rules are followed, they only apply to the estate – the assets owned solely by the deceased. Some things pass outside of these rules entirely:

Jointly owned property (like a home held as joint tenants)
Life insurance or pensions with named beneficiaries
Trust-held assets

These usually go directly to the surviving owner or named person. That said, they still count towards the total estate value for inheritance tax purposes, so it’s not a clean break.

Problems With the Rules of Intestacy

While the rules are clear, they’re also rigid. And life isn’t always so neatly defined.

Some of the issues we see most often include:

Stepchildren being excluded
Unmarried partners left out entirely
Family disputes over sentimental assets
Estates split in ways the deceased likely never intended
Minor children inheriting large sums without proper financial planning

It’s one of the reasons we always encourage people to think about putting a will in place – sooner rather than later. If you’re unsure where to start, our team offers practical guidance, including legal help for families with deputyship needs if a loved one’s capacity is also an issue.

Who Administers the Estate Under Intestacy?

When there’s no will, no executor is named – so someone has to step up. Typically, it’s the next of kin who applies to become the administrator of the estate. They’ll need to apply for Letters of Administration, which grant them legal authority to deal with the estate.

Their role is similar to that of an executor, but the path is a little longer, and the process can be more tightly scrutinised by the court – particularly where large estates or family tension are involved.

Can the Rules Be Challenged?

Short answer: yes – but it’s not easy, and not always successful.

Certain individuals, such as cohabiting partners, adult children, or anyone financially dependent on the deceased, can apply to the court for reasonable provision from the estate. These cases are assessed on need, relationship, and evidence – not just entitlement.

If you’re in a situation where this may apply, our team is available to help you navigate it. You might also want to read our guide on can a will be contested – much of the same thinking applies when trying to claim under intestacy.

Final Thoughts

The intestacy rules in England and Wales are strict, and while they provide a necessary structure, they’re not always fair – or reflective of what someone might have wanted.

They favour legal ties over emotional or practical ones, and they don’t allow for nuance. No adjustments for estranged siblings, no recognition of long-term partners, no flexibility for complex family dynamics.

Which is why we always say: don’t leave it to chance.

Writing a will isn’t just a formality. It’s how you make sure your voice is heard when you’re no longer here to speak. And if you’re already dealing with an estate affected by intestacy, Ash Hill Solicitors is here to help you understand your rights and options – and guide you through each step of the process with clarity and care.

Executor of Will: What Is It and How to Choose One?

Tue, 17 Jun 2025 14:10:41 GMT

When someone dies, their will sets out how their assets should be distributed. But the will doesn’t act alone. It needs someone to carry out its instructions. That person is called the executor of the will. So, what is an executor of a will, and how do you choose the right one?

Let’s walk through the basics.

What Does an Executor of a Will Do?

In short, an executor ensures that the deceased’s wishes are honoured. That includes everything from arranging the funeral (yes, often even that) to distributing assets according to the will.

Common responsibilities include:

Registering the death and obtaining multiple copies of the death certificate
Applying for probate (the legal right to manage the estate)
Valuing the estate
Paying off debts and taxes
Distributing assets to beneficiaries

Executors also need to keep records, deal with banks, handle property, and-depending on the estate-navigate some fairly complex admin. It’s not a ceremonial role. It’s work.

What Power Does an Executor of a Will Have in the UK?

In the UK, the executor’s legal powers kick in once probate has been granted. That means they can access bank accounts, sell property, and settle debts. Until then, their powers are limited.

It’s worth noting that executors have a duty to act in the best interests of the estate and its beneficiaries. They must be honest, organised, and prepared to make tough calls-especially if there’s any family tension (and let’s be honest, there often is).

Can an Executor of a Will Be a Beneficiary?

Yes, absolutely. In fact, this is quite common. Many people name their spouse, child, or a close friend as both a beneficiary and an executor.

That said, it’s crucial the person can stay impartial. If a dispute arises, someone who stands to gain from the will may find it difficult to appear unbiased-whether they’re actually biased or not.

Does an Executor of a Will Have to Sign Anything?

Yes. Executors will usually need to sign:

The probate application
Estate accounts and inheritance tax forms (if applicable)
Deeds of transfer or sale for property

In some cases, executors may also be asked to sign an executor’s oath or declaration. It depends on whether the application is being done online or through a solicitor.

How to Choose the Right Executor

There’s no legal requirement to choose a solicitor or professional-but for complex estates, it may be a smart move. Many choose family members, but here are some factors to consider:

Trustworthiness: This is a legal role with fiduciary responsibility. The person must act in the estate’s best interest.
Organisation: Admin is a major part of the job.
Availability: Settling an estate can take months (sometimes over a year). Will they be around and willing to commit?
Neutrality: If your estate includes multiple children, ex-partners, or blended families, a neutral executor might prevent future headaches.

Some people choose to appoint more than one executor, often a family member plus a professional, which can provide balance.

What Happens if You Don’t Appoint an Executor?

If a will doesn’t name an executor-or if the named person can’t or won’t act-the court may appoint someone. This is usually the main beneficiary, but it’s not guaranteed. The process can cause delays, so it’s far better to plan ahead.

And if you’re unsure how to begin that process, our guide on how to write a will is a helpful place to start.

Can You Decline to Be an Executor?

Yes. Being named doesn’t mean being trapped. You can renounce your role before probate is granted by signing a legal form. But once you start acting as executor-say, by paying bills or contacting banks-you may be legally considered to have “intermeddled,” and it’s harder to step down.

It’s always wise to speak to a solicitor first if you’re considering renouncing the role or think you might need help fulfilling it. There’s no shame in saying, “This is too much.”

When Should You Seek Professional Support?

Some estates are simple. Others are... not. If any of the following apply, you may want to seek professional advice:

There’s property abroad
The will is contested
There are complex tax issues
The estate is insolvent (i.e. debts outweigh the assets)

In such cases, having a solicitor involved can make the process far smoother-and legally safer. Our team at Ash Hill Solicitors offers professional guidance for Court of Protection issues too, in case someone loses capacity without an existing will or attorney in place.

Final Thoughts

Choosing an executor is about more than ticking a legal box. It’s about who you trust to carry out your wishes clearly, calmly, and with care. Think practically. Be honest about your family dynamics. And don’t assume someone will just “figure it out.”

If you’re ready to plan your estate properly, make sure your executor knows exactly what’s expected of them-and that they’re up to the task.

Writing a Will: A Complete Guide

Wed, 14 May 2025 14:15:48 GMT

Creating a will is one of the most important steps you can take to ensure your wishes are honoured after you pass away. Yet, despite its importance, many people delay the process — either because they assume it's only for the elderly, or because the idea of dealing with legal documents feels daunting.

At Ash Hill Solicitors, we understand that writing a will is about more than just ticking a legal box - it’s also about peace of mind, both for you and your loved ones. In this guide, we’ll walk you through what a will is, when and how to write one, the legal requirements you need to know, and common pitfalls to avoid. Whether you’re getting your affairs in order for the first time or revisiting an existing document, this guide is here to help.

What Is a Will and Why Do You Need One?

A will is a legal document that sets out how you would like your estate to be distributed after your death. Your estate includes everything you own — property, money, possessions, and even digital assets.

But a will is about more than just dividing up assets. It allows you to appoint executors (those you trust to carry out your wishes), nominate guardians for any minor children, and leave specific gifts to individuals or charities. Without a valid will in place, your estate will be distributed under the England and Wales rules of intestacy , which may not align with your wishes.

In short: if you want to control who inherits what, appoint trusted individuals to manage things, and make life easier for your loved ones during a difficult time — you need a will.

When Should You Write a Will?

There’s no “perfect age” to write a will. The right time is when you have something — or someone — worth protecting.

Many people write their first will when buying property, getting married, having children, or starting to build wealth. Others wait far too long. The truth is, if you’re over 18 and have any assets (or responsibilities), writing a will should be on your radar.

And it's not a one-time event. You should review and possibly revise your will after major life changes — marriage, divorce, births, deaths, or significant financial shifts.

Things to Consider Before Writing a Will

Before putting pen to paper (or instructing a solicitor), take time to think through the key elements of your estate and intentions.

Start by considering who you want to inherit your assets — and in what proportions. Do you wish to leave any specific gifts to individuals or charities? Are there vulnerable beneficiaries who may require a trust arrangement? You should also think carefully about who you want to act as your executor — the person or people responsible for managing your estate and ensuring your wishes are carried out.

It’s also wise to discuss your plans with those involved, particularly executors or guardians. These conversations can help manage expectations and prevent misunderstandings later on.

How to Write a Will

There are several ways to write a will. You can do it yourself using a will-writing kit or online service, but it’s important to understand that DIY wills carry risks — particularly if your estate is complex or your wishes are non-standard.

The safest option is to instruct a solicitor who specialises in wills and probate. At Ash Hill Solicitors, we can help you structure your will in a way that is legally sound, tax-efficient, and tailored to your circumstances. We’ll also ensure your will is stored securely and help you update it when your circumstances change.

If you're unsure where to start, don't worry — you don’t need to have everything figured out. A solicitor can guide you through each decision with clarity and care.

Legal Requirements for a Valid Will (England and Wales)

For a will to be legally valid in England and Wales, it must meet the following criteria:

It must be made voluntarily, without pressure from anyone else.
The person making the will must be 18 or over and of sound mind.
It must be in writing.
It must be signed by the person making the will in the presence of two witnesses.
The witnesses must also sign the will in the presence of the person making it (but they do not need to read it).

Witnesses must not be beneficiaries, or the spouses of beneficiaries — if they are, any gift to them will fail, even if the rest of the will is valid.

How to Update or Change Your Will

Life changes — and so should your will.

If you’ve moved house, had children, got married or divorced, or changed your mind about who should inherit your estate, it’s time to revisit your will. Even minor updates, like changing your executor, should be documented properly.

Never write directly on an existing will. Instead, you can either create a formal codicil (a legal document that amends your original will) or write a new will that revokes the old one. If your circumstances have changed significantly, it’s usually best to start fresh.

Common Mistakes to Avoid When Writing a Will

Unfortunately, many people don’t realise they’ve made mistakes in their will until it’s too late — and by then, it’s their loved ones who suffer the consequences.

Common pitfalls include:

Failing to sign the will correctly, rendering it invalid.
Using vague or contradictory language.
Leaving out essential details, such as what happens if a beneficiary dies before you.
Forgetting to update the will after a major life event.
Not accounting for all your assets — for example, assuming that jointly held property always passes outside of the will (it doesn’t, necessarily).

Even seemingly small errors can lead to delays, disputes, or unintended outcomes, which is why it’s always advisable to get expert help drafting your will to ensure your wishes are carried out as intended.

Final Thoughts

Writing a will is not something to put off indefinitely. It’s one of the most important things you can do to protect your loved ones and make sure your estate is handled in accordance with your wishes.

At Ash Hill Solicitors , our experienced team is here to guide you through the process with clarity, care, and legal precision. We take the time to understand your individual needs and provide bespoke advice to ensure your will is tailored exactly as you intend.

Contact us today for professional, compassionate support in preparing or updating your will. We're here to help — every step of the way.

How Long Does Probate Take?

Wed, 14 May 2025 13:55:37 GMT

Following the death of a loved one, families are often faced with the responsibility of administering the estate. Naturally, one of the most frequently asked questions is: how long does probate take?

While it would be helpful to provide a fixed timeframe, the reality is that probate can vary significantly depending on the specific circumstances of the estate. Factors such as the presence of a valid will, the size and complexity of the estate, and whether any disputes arise all influence the duration of the process. That said, there are general timelines and common causes of delay that can help you better understand what to expect.

What is Probate?

Probate refers to the legal process of dealing with someone’s estate after they pass away. If there is a valid will, the named executor applies for a grant of probate, which gives them legal authority to manage the deceased’s affairs. Where no will exists, a family member or other appropriate person can apply for letters of administration instead. Though the terminology differs, the role is largely the same: ensuring debts are settled and the estate is distributed to the correct beneficiaries.

The process involves identifying all assets, settling any outstanding debts or tax liabilities, and distributing what remains according to the will or, in cases of intestacy, the rules set out in law. It is a task that must be carried out with care, and often with professional guidance, to ensure compliance with legal obligations and timelines.

Average Timeline of Probate

In most cases, the probate process in England and Wales takes between nine and twelve months from the date of death to the final distribution of assets. The initial stages involve registering the death, locating the will, and valuing the estate. Once that groundwork is complete, the executor or administrator can submit the probate application.

At present, it typically takes between eight and sixteen weeks to receive the grant from the Probate Registry, although this can vary depending on demand and the completeness of the application. Once the grant has been issued, the process of collecting in assets, settling debts, and distributing the estate can begin. This stage can also take several months depending on how many organisations are involved, the responsiveness of banks and financial institutions, and whether property is being sold.

It’s important to note that delays are not uncommon. Backlogs at the Probate Registry, incomplete information, inheritance tax complications, or disputes among beneficiaries can all slow things down significantly.

Factors That Affect the Duration of Probate

Several variables influence how long probate will take in a given case.

For example, estates that involve property abroad, family-owned businesses, or complex financial arrangements typically require more time due to the need for specialist advice, multiple valuations, or international coordination. If there is no will, the process is generally slower due to the need to determine who is legally entitled to act and inherit.

Inheritance Tax (IHT) can also add significant time, particularly if the estate is near or above the threshold. Even where no tax is due, HMRC must still confirm this before the estate can be fully distributed, and in some cases, obtaining tax clearance can take many months.

Disagreements among family members or beneficiaries are another common cause of delay. Contested wills or disputes about entitlements may lead to litigation or mediation, both of which can prolong the probate process substantially.

How to Speed Up the Probate Process

While some delays are outside of your control, there are steps that can help ensure the process runs as smoothly as possible.

Providing accurate and complete information when applying for probate is essential. Instructing a solicitor experienced in probate matters can also be invaluable—they will be familiar with the procedural requirements, know how to avoid common mistakes, and often be able to pre-empt issues before they arise.

It’s also worth making use of professionals who can liaise directly with banks, pension providers, estate agents, and HMRC. This can save time and ensure that all required documentation is provided promptly. For a deeper understanding of the most common hold-ups and how to address them, you can read our guide on how to avoid delays in obtaining grant of probate .

Can Probate Be Avoided to Save Time?

In some cases, probate may not be necessary at all. This usually applies when the deceased held only jointly owned property (which passes automatically to the surviving joint owner) or had very few assets. However, most estates of any significant value will require some form of grant before banks or other institutions will release funds.

There are also ways to structure your estate during your lifetime that may reduce the need for probate later—such as using trusts or joint ownership arrangements. It is advisable to speak with a solicitor or estate planner to explore these options.

Final Thoughts

While probate can be a time-consuming and often emotionally difficult process, understanding the steps involved and the common causes of delay can help you navigate it with more confidence. Acting early, staying organised, and seeking legal advice where needed can make a meaningful difference in how smoothly things progress.

If you need expert legal assistance for probate concerns , we are here to help. At Ash Hill Solicitors in Harrow, our experienced probate team offers clear, compassionate, and efficient support throughout every stage of the process. Contact us today to arrange a no-obligation consultation and find out how we can support you.

What is Probate: Everything You Need To Know

Wed, 14 May 2025 13:17:13 GMT

Probate is a term that often arises during a deeply emotional and stressful time—after the death of a loved one. For many, it's unfamiliar territory. Understanding what probate is and how it works can provide clarity and reassurance when you’re suddenly responsible for managing someone’s estate. Whether you’re preparing for the future or handling a recent loss, this guide will walk you through the probate process and what it means for you.

What is Probate?

Probate is the legal process of administering a person’s estate after they die. This includes validating their will (if one exists), identifying their assets, settling any debts and taxes, and distributing the remaining estate to the correct beneficiaries. Essentially, it gives someone the legal authority to act on behalf of the deceased, ensuring that everything is handled in line with the law.

When people refer to the “probate of a will,” they are talking about this formal process. If there is no will, the estate is administered under the rules of intestacy. In either case, probate ensures the estate is managed correctly and fairly.

How Does Probate Work?

Once a person passes away, their estate cannot usually be distributed until probate is granted. The first step is to confirm whether there is a valid will. If there is, the named executor applies for a Grant of Probate. If not, a close relative or other appropriate individual can apply for Letters of Administration.

The executor or administrator must identify all of the deceased’s assets, including property, savings, pensions, and personal items. They will then arrange for a valuation of the estate, which is needed for both inheritance tax purposes and for financial institutions that may require confirmation of the estate’s value before releasing funds.

Once the estate has been valued, all outstanding debts must be settled. This can include funeral costs, utility bills, credit card debts, and any taxes due. Only after this step can the estate be distributed to the rightful heirs or beneficiaries.

If you are currently going through this process and need advice, our team provides dedicated legal support during estate administration to help you navigate each stage confidently.

Who Needs Probate?

Not every estate will require probate. It depends largely on the nature of the assets and how they were held. For instance, assets that are jointly owned often pass automatically to the surviving co-owner and may not require probate. Similarly, smaller estates with minimal financial holdings may be released by banks without the need for formal probate.

However, if the deceased owned property in their sole name, held significant savings or investments, or if there is any dispute among beneficiaries, probate will almost certainly be necessary. It is always advisable to seek legal guidance if you are unsure, as acting without probate when it is legally required can cause serious complications.

What is a Grant of Probate?

A Grant of Probate is a legal document issued by the Probate Registry. It confirms that the will is valid and gives the executor the authority to access the deceased person’s assets, pay off liabilities, and distribute the estate according to the will. Financial institutions, HMRC, and other parties often require this document before they will take any action relating to the estate.

If there is no will, or if the named executor is unable or unwilling to act, the process is slightly different. In those cases, Letters of Administration are issued instead, granting authority to a suitable next of kin.

Types of Probate and Their Differences

There are different forms of probate depending on the circumstances. If there is a will and an executor is named, a Grant of Probate is issued. If there is no will, the court issues Letters of Administration, which authorise someone—usually a close family member—to act as administrator of the estate.

A third possibility arises when there is a will, but no executor has been appointed or the appointed individual is unable to carry out the role. In such cases, the court may grant Letters of Administration with Will Annexed. While all three serve to give legal authority to manage an estate, the application process and the responsibilities involved can vary.

How Long Does Probate Take?

The length of time probate takes depends on the complexity of the estate and whether there are any complications. On average, it takes between six months and a year from the date of application. More complex estates—particularly those involving international assets, disputes between beneficiaries, or business interests—can take considerably longer.

The process can also be delayed by factors outside the executor’s control, such as delays at the Probate Registry or issues with missing documentation. However, recent changes to the probate system have aimed to improve efficiency. You can read more about the new probate procedure and how it might impact your case on our website.

Common Mistakes in Probate

Probate is a legal process, and mistakes—no matter how innocent—can have serious consequences. Common errors include misinterpreting the terms of a will, failing to accurately value the estate, overlooking debts, missing tax deadlines, and distributing the estate prematurely. Executors who fail in their duties may even be held personally liable for any financial losses to the estate or its beneficiaries.

This is why it is often advisable to engage a solicitor with experience in probate law. They can ensure that all legal obligations are met, the correct procedures are followed, and the estate is administered efficiently.

How to Avoid Probate

Some individuals choose to take steps during their lifetime to reduce the likelihood that their estate will go through probate. These steps can include placing assets into trust, holding property jointly, or designating beneficiaries on financial accounts such as pensions or life insurance policies.

While these measures may help, they are not appropriate in all cases and can carry tax implications if not structured carefully. For example, transferring assets or establishing trusts without understanding the inheritance tax rules may create unintended liabilities. We strongly recommend seeking legal advice before making changes to your estate plan.

Final Thoughts

Probate can be complex, but with the right support, it does not need to be overwhelming. Understanding the basics of the process—and knowing when to seek help—can provide both clarity and peace of mind.

At Ash Hill Solicitors , we offer experienced, compassionate legal assistance in all matters relating to probate and estate administration. Our team is based in North Harrow but serves clients across London and beyond. Whether you are administering a loved one’s estate or planning ahead for your own future, we are here to provide clear, professional guidance at every step.

To speak with one of our probate solicitors, contact us today for a free, no-obligation 20-minute consultation.

How is Jewellery Distributed Under a Will?

nasreen@ashhillsolicitors.co.uk (Nasreen Akhter) — Fri, 14 Mar 2025 22:23:01 GMT

Death of a loved one is a difficult and stressful time. Between grieving, making funeral arrangements and sorting through stacks of paperwork, dividing your loved one's assets can be a long and confusing process. When it comes to inherited jewellery, you may be asking yourself: who gets what? How should it be distributed and how can you value the individual items of jewellery?

Importance of a Will

Firstly, your personal gold and jewellery must be included in a Will, this will ensure that these items are bequeathed to the intended beneficiaries. This can be included by doing the following:

Detailed Description : Clearly describe each item of gold and jewellery in the Will. Include details such as type, size, weight, and any distinguishing features, or even marks. This will likely minimise confusion and disputes among beneficiaries.
Specific Bequests : Specify exactly who should receive each item. You can name individual beneficiaries for specific pieces or groups of items. For example, "I leave my gold necklace to my daughter, [Name]."
Residuary Clause : Include a residuary clause to cover any items not specifically mentioned. This ensures that any gold or jewellery not explicitly listed will still be distributed according to your wishes.
Appraisal and Valuation : Consider having the items appraised to determine their value. This can be useful for equitable distribution among beneficiaries and for estate tax purposes.
Storage and Security : Indicate where the items are stored and how they can be accessed.

The reality is that you cannot distribute jewellery equally amongst several beneficiaries as it would involve cutting each piece of jewellery into several pieces in order for it to be "equal".

Therefore, the more prudent approach is to specify the jewellery e.g. bracelet to son, diamond necklace to daughter, wedding rings to second daughter and everything else to sister.

If you do not have a Will in place, then your gold and jewellery, along with any additional personal possessions will be distributed via the rules of intestacy which could risk your belongings being distributed against your wishes. Here is a link to a government website that explains the rules of intestacy: https://www.gov.uk/inherits-someone-dies-without-will .

However, you may also like to be more flexible, as you acquire further pieces, or your family grows and expands. For instance, you may wish to pass some of your jewellery to your grandchildren. Therefore, making a letter of wishes may offer some flexibility when bequeathing specific pieces of jewellery.

What is a Letter of Wishes?

A letter of wishes is a document that accompanies a Will, providing guidance to the executors or trustees on how the testator would like their estate to be managed and distributed. While it is not legally binding, it serves as an informal way to express personal preferences and intentions that are not covered in the Will. Here are some key aspects of a letter of wishes:

Purpose : It offers additional context and instructions to the executors or trustees, helping them understand the testator's personal wishes regarding the distribution of personal possessions, such as watches or gold and jewellery.
Flexibility : Unlike a Will, a letter of wishes can be updated or changed without the need for formal legal procedures, making it a flexible tool for expressing changing preferences.
Confidentiality : It is usually kept private and is not part of the public probate process, allowing the testator to express personal thoughts and wishes without making them public.

One of the benefits for a Letter of Wishes is that you can update it during your lifetime, without the requirement to pay a professional to update your formal Will. Therefore, your jewellery, and other personal possessions can be bequeathed correctly to your children, grandchildren, and other family members as your circumstances change.

Please access our downloadable free gold and jewellery log: view here

Should you Value the jewellery?

It is crucial to accurately value jewellery during probate, in order to ensure the correct tax calculation is provided. Please see the government link below for further information on valuing a deceased’s estate: How to value an estate for Inheritance Tax and report its value: Estimate the estate’s value - GOV.UK .

During the probate process, jewellery is classed as a “chattel”, which refers to a personal possession or movable property. Chattels can encompass a wide range of items, such as furniture, vehicles, jewellery, and other personal belongings.

It is the duty of an executor to ensure proper records are kept of a deceased’s chattels, which will thereafter be distributed according to their Will and Letter of Wishes.

The executor should obtain approval from all the beneficiaries before disposing of any of the jewellery in case it has sentimental value for some of the beneficiaries.

It is also important for the executor to obtain professional valuations of the jewellery to ensure compliance with HMRC guidelines. You may be at risk of HM Revenue & Customs imposing penalties if assets are valued inaccurately. Here are the general categories of penalties imposed by the HMRC:

Careless Inaccuracy : If the inaccuracy is due to carelessness, the penalty can range from 0% to 30% of the additional tax due. Carelessness implies a lack of reasonable care in preparing the tax return.
Deliberate Inaccuracy : If the inaccuracy is deliberate, the penalty can range from 20% to 70% of the additional tax due. This applies when the taxpayer knowingly submits incorrect information.
Deliberate and Concealed Inaccuracy : If the inaccuracy is both deliberate and concealed, the penalty can range from 30% to 100% of the additional tax due. Concealment involves taking steps to hide the inaccuracy from HMRC.

Please see link to HMRC Inheritance Tax Manual for further information: IHTM36023 - Late accounts: penalties chargeable - HMRC internal manual - GOV.UK

Therefore, it may be prudent for the executor to contact an experienced jeweller and obtain expert appraisal.

Obtaining Valuation for a Will

It is recommended that you should obtain expert valuations on your gold when you write your Will. Here are some reasons why this is beneficial:

Accurate Distribution : Valuation ensures that the jewellery is distributed fairly among beneficiaries. Knowing the precise value helps in making equitable decisions, especially if the estate is to be divided equally.
Avoiding Disputes : Clear valuation can prevent disputes among beneficiaries over the worth of specific items, therefore, preserving the family harmony. It provides a transparent basis for distribution decisions.
Clarity in Will : Including the value of jewellery in the Will provides clarity and reduces ambiguity, ensuring that the testator's intentions are clearly understood and executed.
Tax Purposes : An accurate valuation is essential for calculating any potential inheritance tax liabilities. This helps in ensuring compliance with tax regulations and avoiding disputes with tax authorities.
Insurance : Knowing the value of jewellery can assist in obtaining appropriate insurance coverage, protecting the items from loss, theft, or damage.
Updating Values : Jewellery values can change over time due to market fluctuations. Regular valuations ensure that the Will reflects the current value of the items.

If you decide not to value your jewellery when make your will then at the very least, you should ensure that each piece is described accurately and that it is bequeathed to specific named beneficiaries.

Can family disputes arise about jewellery distribution under a will?

Sometimes, who gets what from a parent’s estate can become a source of friction and resentment, especially if a family member feels they had been “promised” a particular item or keepsake.

The chances are that you will have personal possessions that you’d like to be handed on to your family and friends when you die. For example, you may want family jewellery to go to your daughter, a watch to a cousin, or a bracelet to be given to a close friend. If that’s the case, it makes sense to record your wishes so that your executors can ensure they are followed.

Often it is the little things that cause conflict and dispute between family members, we would advise against assuming that things will simply sort themselves out when the time comes. At Ash Hill Solicitors when we draft your bespoke will we insert clauses to prevent dispute from arising in your family.

We encourage you to have open communication with your family before making your will. Although it might be a difficult conversation to have, there are clear merits to having an open discussion with other family members. Deciding as a family what should happen to personal possessions can help prevent future disputes.

Our advice is to have a ‘Letter of Wishes’ drawn up to be read alongside the Will. Arguably it is not appropriate for such (often quite personal) detail surrounding who should get what and why to be included within the Will itself, bearing in mind this is a document of public record once probate has been granted.

A Letter of Wishes provides an explanation for your beneficiaries to read and hopefully prevent conflict arising. When dealing with collections of things such as jewellery or memorabilia, it can make sense to keep a photograph together with a brief description, so that each piece can be clearly identified by your Executor when the time comes.

Cluttering a Will with details surrounding personal possessions and lists of particular items can also cause complications from an Inheritance Tax standpoint and is rarely a good idea. Over the years, the chances are that you’ll dispose of certain belongings and acquire new ones, which would mean you would have to consider updating your Will more often than you might feel necessary.

At Ash Hill Solicitors, we provide expert advice in drafting your Will and Letter of Wishes based on your personal circumstances.

Deathbed Gift

If a gift has been given by a person in anticipation of their impending death, certain conditions need to be satisfied. You can read more about deathbed gifts on our blog post: What is a Death Bed Gift?

Contact us

Call us today so that we can assist you in securing your jewellery: 02085152790 or visit our website for further information - https://www.ashhillsolicitors.co.uk/ .

What is a Death Bed Gift?

Tue, 25 Feb 2025 16:58:18 GMT

A deathbed gift is one made by a person in anticipation of their impending death. The principle of deathbed gifts (in legal terms known as ‘donatio mortis causa’) is long enshrined in law. It is important to be aware that for a deathbed gift to be valid, certain conditions must be satisfied.

Death bed gifts are open to abuse by the dishonest persons present at the time of donors death. They can also be very difficult to determine and are often open to challenge.

What makes Death Bed Gift valid?

For a Death Bed Gift to be effective the following listed criteria must be met:

The donor must make the gift in contemplation of his/her impending death.
The donor must have contemplated that his/her death is in the near future. It would not be enough for him/her to acknowledge that they will die ‘one day’ or ‘some day’.
The gift must depend on the person’s death and be revocable until then. In addition, if death due to the identified cause is not inevitable, the gift lapses if death does not occur due to that cause. Caution must be exercised to avoid confusion with lifetime gifts.
The person making the gift must relinquish control over the gift’s subject matter, whether that’s physical control or through means of access. This means that the donor must part with the gift or deliver it in some way to the donee; the donor must part with the property or the control of it. For example, if the donor wished to gift a car to his/her son; then the donor must hand over the actual car keys and registration documents.
Given the nature of the gift, it is understandable that it’s a requirement that the person making the gift has the necessary mental capacity to do so. However, the standard required depends on the nature of the gift. The more significant the gift, the higher the standard, with the test moving more towards the usual test for capacity to make a Will.

Can deathbed gifts be challenged in court?

The short answer is yes, death bed gifts can be challenged in court by the beneficiaries of the estate, creditors and other parties that may have an interest in the estate.

Rahman v Hassan and others (2024)

The England and Wales High Court (EWHC) has permitted the family of the late Al-Hasib Al Mahmood to appeal its decision in the significant deathbed gift case, Rahman v Hassan (2024 EWHC 1290 Ch), as reported by STEP.

Masudur Rahman, the claimant, asserted that his 82-year-old friend, Al-Hasib Al Mahmood, transferred all his UK assets to him during the week preceding his death in October 2020. Amid the second COVID-19 lockdown, Al Mahmood was unable to secure witnesses for a new will. His will writer, unaware of the temporary legislation allowing remote witnessing, received a text message from Al Mahmood revoking his 2015 will and naming Rahman as the sole beneficiary. This included several bank accounts, various chattels, and a registered house.

https://www.step.org/industry-news/ewhcs-approval-deathbed-gift-registered-land-be-challenged-appeal

The only living witnesses to these gifts were Rahman and his wife. Al Mahmood’s family, the original beneficiaries under the 2015 will, contested their validity. Nonetheless, the EWHC ruled that the gifts were valid donationes mortis causa (Rahman v Hassan, 2024 EWHC 1290 Ch).

We will have to wait for the appeal to be heard to have further clarity on the issues highlighted in this case.

https://casetracker.justice.gov.uk/getDetail.do?case_id=CA-2024-001926

Conclusion

It is clear that Death Bed Gifts are considered to be very much a ‘grey area’ of the law. Given that death bed gifts can be open to challenge by various parties and abuse by others. Many challenges to Death Bed Gifts end up before the Court for a decision to be made as to their validity. This is a very costly and time-consuming process.

Therefore, to avoid this uncertainty and stress for personal representatives and family members following the donor’s death, I would encourage anyone who is facing imminent death to speak to a Solicitor as a matter of urgency to make a Will that deals with their wishes (providing they have the capacity to do so).

If you would like more information, please contact us to day to make your will.

We can also do a home visit and / or hospital visit to take instructions for your will and complete the whole process of drafting your will quickly.

Contact Ash Hill Solicitors Today!

What Will Happen to Your Digital Assets if You Pass Away Suddenly?

nasreen@ashhillsolicitors.co.uk (Nasreen Akhter) — Mon, 20 Jan 2025 09:39:49 GMT

What will happen to digital assets if you pass away suddenly?

In today’s digital world, where most of us have multiple digital assets, it is important to put measures in place to protect these assets.

A digital asset refers to any asset which you own and may have stored in a digital format. Typically, digital assets are accessed via an online account run by a third-party provider such as Facebook, Google, Apple, or Amazon.

There are many examples of digital assets which you may own that are online. These are typically bank accounts, music libraries, email accounts, cryptocurrency, social media, gambling accounts, loyalty schemes, or sentimental photos and videos. Maintaining access to online accounts is essential for either financial or sentimental reasons. Thus, it is very important to plan what will happen to your online accounts when you pass.

How can digital assets be protected?

The tech industry is fast-paced and constantly changing, with new languages, frameworks, and tools emerging regularly.

You may have multiple online accounts on various platforms. For each online account, we recommend that you should review the terms and conditions you agreed to when creating the account. Each account is likely to have specific terms on which assets can be administered on death or if there is no activity on an account for a long period of time the account might be terminated.

We recommend that you should choose a digital executor to take over control of certain aspects of your account where the internet service providers (ISP) offer this facility. For example, Facebook allows you to nominate a legacy contact to turn your account into a memorial when you die. Google, on the other hand, allows you to nominate an Inactive Account Manager. This in turn allows the account to be closed or for the submission of requests for data from the account.

You should make note of the fact that some ISPs will permanently destroy your digital assets after a period of inactivity or upon notification of your death.

What will happen to your digital assets if you pass away without a will or have not mentioned the digital assets in your will?

If you currently have a Will in place that does not provide for your digital assets upon death, then these are likely to form part of the residue of your estate and will pass to your residuary beneficiaries.

If you don’t have a Will in place, then your digital assets will be distributed via the rules of intestacy which could risk your digital assets ending up in the wrong hands or being lost forever. Here is a link to a government website that explains the rules of intestacy:

https://www.gov.uk/inherits-someone-dies-without-will

What challenges will your relatives face when dealing with your digital assets?

Relatives often face several issues when dealing with a relative's digital assets after their death:

Access and Passwords : One of the primary challenges is gaining access to the deceased's digital accounts and assets. Without passwords or access credentials, it can be difficult to manage or close accounts. In order to remedy this administrative issue, it is important to keep a list of digital assets and login information in a secure place. Ideally, this should be alongside the will in a locked draw/safe. Furthermore, this should be updated regularly to avoid further issues. Such information should not be disclosed in the Will document as the Will becomes a public document once a Grant of Probate is obtained.

Identification of Assets : Identifying all digital assets can be challenging, especially if the deceased did not maintain a comprehensive list. Digital assets can be spread across various platforms and devices.

Ownership : Relatives performing the role of an Executor for the deceased’s estate will need to determine whether the deceased owned the object or if they had the required permission to utilise it during their lifetime. The information regarding the deceased’s ownership will likely be displayed in the terms and conditions of each digital asset.

Legal Authority : Relatives may need legal authority, such as a grant of probate, to manage or transfer digital assets. This can be complicated if the deceased did not leave clear instructions or if the digital service providers have strict policies.

Service Provider Policies : Different service providers have varying policies regarding the transfer or closure of accounts after death. Some may require specific documentation or legal processes.

Privacy Concerns : There may be privacy issues related to accessing the deceased's digital communications or personal data, which can complicate the process.

Valuation and Transfer : Determining the value of digital assets, such as cryptocurrencies or digital art, and transferring them to beneficiaries can be complex and may require specialist knowledge.

Legal and Tax Implications : There may be legal and tax implications associated with inheriting digital assets, which can vary depending on the type of asset and jurisdiction.

How can we help you plan ahead to protect your digital assets?

At Ash Hill Solicitors, our experienced solicitors specialise in all areas of estate planning and Wills. We can assist in planning your digital legacy by providing comprehensive legal guidance and support in several key areas:

Identifying Digital Assets : We can help you identify all your digital assets, including online accounts, digital currencies, and intellectual property, ensuring nothing is overlooked.

Drafting Legal Documents : Our team can draft or update your will to include specific instructions for the management and distribution of your digital assets, ensuring these are legally binding and clear.

Appointing a Digital Executor : We can assist in appointing a digital executor, who will be responsible for handling your digital assets according to your wishes.

Access and Security : We can advise on secure methods to store access information, such as passwords and encryption keys, ensuring that your digital executor can access your assets when needed.

Compliance with Laws : Our experienced solicitors ensure that your digital legacy plan complies with relevant laws and regulations, including data protection and privacy laws.

Regular Updates : We are able to help you regularly update your digital legacy plan to reflect changes in your digital assets or personal circumstances.

Dispute Resolution : In the event of disputes over digital assets, our team can provide legal representation and advice to resolve issues effectively.

By working with Ash Hill Solicitors, you can rest-assured your digital legacy is managed according to your wishes, and that your digital assets are protected and transferred smoothly to your beneficiaries.

Please access our downloadable free digital assets log: Click Here

Further information

The draft Property (Digital Assets etc) Bill proposes that digital assets can be the object of property rights in England and Wales. Please see the link below for further details: https://www.lawsociety.org.uk/topics/private-client/property-digital-assets-etc-bill

Contact us

Call us today so that we can assist you in securing your digital assets: 02085152790

or visit our website for further information https://www.ashhillsolicitors.co.uk/ .

What is a Lasting Power of Attorney?

nasreen@ashhillsolicitors.co.uk (Nasreen Akhter) — Thu, 22 Feb 2024 11:50:30 GMT

A Lasting Power of Attorney is an important legal document that lets you choose who would make decision on your behalf if you were unable to do so due to a sudden accident, illness, or long-term health issues. There are two different Lasting Powers of Attorney, one covers decisions regarding Health and Welfare and the other Property and Finance.

The person for whom the Lasting Power of Attorney is created is called the donor and the people (or persons) nominated to make decision on behalf of the donor are called attorneys.

How do I decide who to appoint as my attorney(s)?

An attorney can be a relative, friend, spouse or civil partner, your child or even a professional. Ideally, they should be individuals who know you well and most importantly to appoint people who you trust.

It is always useful to have more than one attorney as this allows checks to be put in place and provides reassurance to you and other members of the family. You can specify what decisions you are happy for your attorney(s) to make on your behalf.

You can decide if your attorney(s) must act jointly on all matters or whether they can also act individually (severally).

An LPA ensures that, should you be unable to manage your own affairs, the people you have appointed can manage your financial life on your behalf. This can save a great deal of money and will ensure that as a vulnerable person your affairs will be handled correctly.

Risks of not having an LPA

If you lose mental capacity without an LPA in place, your family must apply to the Court of Protection to have a deputy appointed to deal with everyday financial matters. This is a slow and expensive process. Contact us today for a free no obligation chat: www.ashhillsolicitors.co.uk

Our Power of Attorney solicitors can help and guide you through this process to make sure your forms are correctly and accurately completed.

Why Are There Delays in Obtaining Grant of Probate and How to Avoid Them?

nasreen@ashhillsolicitors.co.uk (Nasreen Akhter) — Tue, 09 Jan 2024 09:21:12 GMT

Bereaved families in the UK are facing a significant financial burden as probate delays continue to accumulate significant costs and unpaid taxes, adding to the distress and emotional strain during an already difficult time.

https://committees.parliament.uk/committee/102/justice-committee/news/198600/justice-committee-launches-new-inquiry-into-probate-amid-concerns-over-delays-and-consumer-protection/#:~:text=The%20waiting%20time%20for%20probate,take%20at%20least%20nine%20months.

The waiting time for probate almost doubled from April 2022 to April 2023, with reports citing cases of probate taking more than eleven months and practitioners advising clients that probate will take at least nine months.

Whether using online systems or the traditional paper process, applicants can now expect a lengthy wait of up to four months or more for probate to be granted. The backlog, a long-lasting result of the challenges created by the Covid pandemic, currently stands at around 40,000 applications, and shows no signs of improving, leaving many families uncertain of when or how they can find a resolution.

What problems are caused by Probate delays?

Delays in settling an estate can have serious financial consequences for beneficiaries. Here are some important things to consider:

If Inheritance Tax is owed, the first payment must be made within the first six months after the death. HMRC will not issue a receipt to the Probate Registry until payment is received - https://www.gov.uk/inheritance-tax
After six months, HMRC applies interest to any remaining balance - https://www.gov.uk/government/publications/rates-and-allowances-inheritance-tax-thresholds-and-interest-rates
Properties with monthly service charges can incur additional costs due to delays.
Vacant properties may require special insurance coverage.
Waiting for probate to be granted can prolong the process of selling a property, potentially discouraging buyers.

Having a current Will in place should help to ensure a smoother and more efficient probate process.

How can these problems be solved?

HMCTS is actively exploring various methods to enhance the efficiency and speed of its service. This includes a focus on improving IT systems and reducing paper applications. Digital applications, on average, are processed in less than half the time it takes to process paper applications.

However, irrespective of the application method chosen, gaining a Grant of Probate will always involve a significant amount of legal, tax, and administrative work, which can be time-consuming, and complex by its very nature. As such it is always wise to enlist the support of a probate specialist should you want to minimise the risk of complications causing a stoppage or compounding the existing processing delays.

Call us today for a free no obligation chat.

Government announcements to changes in visa rules to take effect in Spring 2024

nasreen@ashhillsolicitors.co.uk (Nasreen Akhter) — Tue, 02 Jan 2024 11:12:56 GMT

On 4 December 2023 the UK government announced tougher visa rules to cut net migration.

The current salary required for skilled overseas workers is £26,200, however proposed changes mean this is to increase to £38,700. James Cleverly, the Home Secretary said that 300,000 people who were eligible to come to the UK last year would not be able to in future. Furthermore, the gross annual minimum income requirement for family visas has also risen from £18,600 to £38,700.

The home secretary believes there has been an ‘abuse’ of health and care visas for years and has now planned to make it ‘fair, legal and sustainable.’

The sharp increase in net immigration (difference between those entering and leaving the UK) has led to a political challenge for Mr Sunak and the conservatives who have promised on many occasions to bring this number down since 2010.

In addition to the new salary requirements, the government said they would:

Ban care workers bringing family dependants to the UK
End companies being able to pay workers 20% less than the going rate for jobs on a shortage occupation list
Increase the Immigration Health Surcharge which foreign workers pay to use the NHS from £624 to £1,035
Raise the minimum income for family visas to £38,700, from £18,600 from next spring
To further review the graduate visa route to "prevent abuse"

These changes are likely to take effect in spring 2024. The government's changes to the minimum income for family visas mean that people may be blocked from bringing their relatives to stay in the UK under certain circumstances.

If you have an issue and require assistance, then Ash Hill solicitors is happy to help and advise further. Please call our immigration solicitor on 02085152790.

What is the Court of Protection?

Thu, 04 Aug 2022 09:56:16 GMT

The Court of Protection is a specialist court that makes decisions about the property; finances; and personal welfare of those who lack the mental capacity to take decisions themselves.

The role of the Court of Protection is to make decisions for people about their money, property, health or welfare.

You can find more information about the Court of Protection here:

https://www.gov.uk/courts-tribunals/court-of-protection

Why can’t my next of kin make decisions for me?

This is a common question, however, the phrase ‘next of kin’ is often used but has no legal status in relation to financial decisions. The only person able to manage your finances, if you lose the capacity to do so for yourself, is a court-appointed deputy or attorney acting under a registered lasting or enduring power of attorney.

Our specialist and highly experienced Court of Protection solicitors are here to help and support you at an often difficult and stressful time in your life.

As Court of Protection solicitors, we support families dealing with such circumstances and are sensitive to the dynamics that this may create within the family. Where there is dispute within the family, we can also handle litigation in the Court of Protection. Whatever the situation, we will do our best to help you.

What is a Court of Protection Deputy?

A deputy is someone appointed by the Court of Protection to deal with the property and financial affairs of a person who lacks the mental capacity to do so themselves.

If your loved one is in such circumstances, you will need to make a deputy application. A deputy application is made to the Court of Protection. The person(s) named as deputy/deputies is/are chosen by the Court of Protection and not by the donor and, accordingly, could be someone the donor would not ordinarily choose to make such decisions.

Who can be a Deputy?

A deputy must be at least 18 years old. It could be a family member or a friend. It can also be a professional person such as a lawyer. In complex cases, particularly those involving large sums of money, the Court may prefer to appoint a professional deputy. If you don’t know anybody that is able, suitable, or willing to act as deputy, Ash Hill Solicitors could apply to the Court of Protection to be appointed.

What’s the difference between a Property and Affairs Deputy and a Personal Welfare Deputy?

A deputy for property and affairs can make decisions about financial matters, such as paying bills or buying services; whereas a personal welfare deputy can make decisions about health and welfare matters; such as deciding where someone lives and the care and treatment they receive.

It is rare for the court to appoint personal welfare deputies and it will only do so in the most difficult cases. If there is a dispute about a health and welfare decision the court will usually make the decision itself rather than appoint a deputy to make the decision.

What is ‘incapacity’?

The law presumes that everyone has the capacity to make a decision unless it can be shown otherwise. An assessment of capacity (on form COP3) by a qualified practitioner must accompany the deputyship application, so the court can decide whether the person lacks capacity to make certain decisions for themselves.

In the legal context mental capacity is the ability to make decisions. Examples of the situations in which it might be particularly important to establish a person's mental capacity include when in relation to making a will, undertaking lifetime giving or making a lasting power of attorney. Establishing mental capacity (or incapacity) might also be particularly important in relation to decisions about an individual's physical well-being, including about the medical treatment he/she is to receive. It might also be relevant in relation to more humdrum decisions about an individual's everyday activities and lifestyle. The test of mental capacity here is a legal test rather than a medical test or diagnosis. And what is important in assessing mental capacity is to focus on the processes by which a decision is made, rather than on the decision itself.

Here is some useful information about Mental Capacity Act:

https://www.mind.org.uk/information-support/legal-rights/mental-capacity-act-2005/about-the-mental-capacity-act/

Will the Deputy have to show their fitness to act?

The court will require the proposed deputy to complete a deputy’s declaration (COP4) to ensure they are financially sound and understand their responsibilities as deputy.

How does the Court of Protection decide whether a Deputy should be appointed?

The court will decide whether the person lacks capacity and what sort of decisions the deputy will need to make. This will be set out in a court order.

What powers will the Deputy have?

Only those which are set out in the court order. The deputy will usually be allowed to:
deal with any income, and to pay any bills and debts;
deal with any cash assets, e.g. bank and building society accounts;
manage or sell property;
make small gifts on special occasions such as birthdays; and
deal with any capital assets and make any investment decisions.

Does the Deputy have complete control over the person’s affairs?

No, the deputy can only do what it says in the court order. They must also work within the rules set out in the Mental Capacity Act 2005 and the Code of Practice that accompanies this Act.

How long will it take?

It can take 5 to 8 months for a deputy to be appointed, although recently the applications are being severely delayed. It often takes even longer if the court needs more information to decide the application. To avoid delay, it is important that all of the forms are completed properly, and the court is given all the relevant information at the outset.

In very urgent cases, it is possible to ask the court to grant an interim order, for example to access funds to pay debts.

Are Deputies supervised?

Deputies are supervised by the Office of the Public Guardian (OPG), and the deputy must send a yearly report to the OPG explaining what decisions they have made and accounting for the money they have spent. The deputy can instruct a solicitor or accountant to prepare the annual report on their behalf.

We hope that this blog has answered some of the most common questions, however, if you have any specific questions, please do get in touch with our Court of Protection team to discuss your options and receive expert advice.

WAYS IN WHICH WE CAN ASSIST

Court Of Protection
Lasting Power of Attorney
Probate & Administration of Estates
Making a Will
Trusts

Call us today on 0208 515 2790

New Probate Procedures Streamline the Process

Mon, 07 Mar 2022 09:20:00 GMT

Finally, the probate process is slowly being modernised! It has become even more important to engage the services of an expert to assist you

The process of applying for a Grant of Probate has been the same for years, however, it is now gradually being modernised by the UK government. Initial changes started to be introduced in May 2020 with a move away from the requirement to complete an Oath, which then changed to a Statement of Truth, and is now a PA1P/A form. The latest update, however, is the first step in digitising the whole application process.

The probate process has always historically been hard copy based: paper forms, “wet” signatures (i.e. signed using a pen) and documents sent in the post to the HMRC and the Probate Registry. Now however the Probate Registry is accepting forms with digitised signatures and is also allowing key documents to be uploaded via a website portal. This service has been available to probate professional users since 2019, and indeed is now mandatory for straightforward applications, but as of 2020 it can be used for personal applications too.

We welcome these rolling changes since it makes the whole probate process better fit for purpose and we’re big advocates of paperless solutions wherever they’re appropriate. We believe that this is just the beginning and that in the future more parts of the process will be available online whilst still providing the necessary safeguards.

Does the new process apply for every Grant of Probate application?

Sadly, no. When the online process works, it does work really well and many of our clients have already benefited from the small efficiency improvements in terms of speedily settling the deceased’s estate (the average wait time for a Grant of Probate is now three to five weeks if there are no issues), keeping costs down, and being able to move on from their bereavement. But it's worth noting that the changes apply only to the most straightforward of estates, i.e. “excepted” estates where there is no inheritance tax to be paid (see below).

The Grant of Probate application process still requires care, and in many cases, specialist knowledge of wills, intestacy (i.e. when someone dies without a will) and consideration about potential inheritance tax liability will still be essential. Higher-value matters involving more complex assets and/or family dynamics will continue to require both detailed reporting and sophisticated, sensitive, and strategic professional advice. These types of applications are generally still made on paper.

What has changed with probate applications?

Until now, executors of estates that met certain qualifying criteria and therefore fell into the “excepted” category were required to prepare and submit a short-form IHT return - referred to as a “Return of Estate Information” or form IHT205 - to the Probate Registry when making an application for a Grant of Probate.

But now for deaths occurring on or after 1 ^st January 2022, it will no longer be necessary to file a short-form IHT return. The executors will now only need to make a declaration to confirm the value of the estate as part of the online application for probate.

For deaths on or after 1 January 2022, an estate is usually an excepted estate if any of the following apply:

Its value is below the current Inheritance Tax threshold
The estate is worth £650,000 or less and any unused threshold is being transferred from a spouse or civil partner who died first
The deceased left everything to a spouse or civil partner living in the UK or to a qualifying charity and the estate is worth less than £3 million (search the charity register for registered UK charities)
The deceased was living permanently outside the UK (a “foreign domiciliary”) when they died and the value of their UK assets is under £150,000

The most recent key amendments to these criteria are:-

The upper limit of the estate’s gross value has increased from £1 million to £3 million
The limit on trust property within the estate has increased to £1 million (previously it was necessary to file a longer return where there was trust property worth more than £150,000). In addition, chargeable trust property’s value is limited to £250,000
The limit on lifetime gifts in the seven years before death has also been increased from £150,000 to £250,000
For low value excepted estates, the limits on the value of both trust property and lifetime gifts have been increased to £250,000 (from £150,000)

However, the new regulations have introduced two further requirements. To further qualify as an excepted estate, the deceased must not have:

Held an indirect interest in UK residential property; and/or
Made any lifetime gifts of over £3,000 in any one year, during the seven years before death

Your responsibilities as an executor haven’t changed

When you take on the role of executor of a person’s estate, you have a duty of care to check the value of the estate against all these rules and make the appropriate representations to the Probate Registry.

You still need to accurately interpret the will, assess all the estate’s liabilities and debts correctly, distribute money to the beneficiaries in a timely manner, and submit the correct forms to the Probate Registry. Yes, having an online portal makes life a little easier, but in some cases that may only mean that errors get spotted sooner and your application will be rejected even quicker.

Plus not everyone is confident about using new technology, and many people, especially the elderly, still find the whole process complicated and confusing. Ash Hill are experienced family lawyers , we have many years of dealing with probate matters, and as members of Solicitors for the Elderly we have the additional skills required that enable us to work with older and more vulnerable clients.

So as welcome as a more streamlined probate process is, before you’re tempted to “go it alone” in applying for probate and administering an estate, you should make yourself aware of the duties you owe to HMRC regarding tax and to the beneficiaries - and the consequences of making mistakes. You may find that solicitors fees are a lot lower than you may have anticipated, and the peace of mind that comes with knowing that your application is in the hands of an SRA ( Solicitors Regulation Authority ) registered professional is priceless.

We would be happy to have a 20-minute free initial discussion about any probate or estate planning issues that you may have. Please contact us today .

Dealing With Finances in a Divorce or Relationship Breakdown

Tue, 25 Jan 2022 17:05:31 GMT

Why a 50/50 division of financial assets is just a starting point

While we’d all love to believe in happily ever after, statistics show that a high percentage of marriages will end in divorce. When you also add the number of cohabiting couples who split up, there is a very real need to address the issue of the division of financial assets from any long-term relationship.

The emotional impact of a relationship breakdown is difficult enough to deal with. Even where the split is mutual and amicable, there will inevitably be some major changes involved, such as potentially moving out of the home that you shared and dividing up your finances.

Due to a number of high-profile cases, England has gained something of a reputation as being fairly progressive when it comes to matrimonial law and the financial aspects of divorce and separation settlements . Although the principle is that the court will aim for a 50/50 split of assets in accordance with the Matrimonial Causes Act 1973 , in fact there is no set formula to apply when calculating financial settlements, and these can vary significantly depending on the specific circumstances of each case.

How you may be protected from losing out in a divorce settlement

There is still a perception of imbalance where one partner (often the woman) has given up work to raise a family and build a home, so becoming financially dependent on the other partner. But in reality, judges have a wide discretion to divide assets in a way that achieves a fair outcome. It doesn’t automatically follow that the higher earning partner will get the lion’s share of the financial settlement.

Divorce courts must consider several factors, including the income and financial needs of each party, the family’s standard of living before the marriage began to collapse, and whether there are any children. In terms of income, if either party has a high earning potential for the foreseeable future, then this will be an important consideration. Property and other financial assets are also included in the calculation.

One judge even coined the phrase “relationship-generated disadvantage” where, in a landmark divorce case ( R C v JC ), he awarded the wife an additional financial settlement by way of compensation for her loss of career. In another case ( White v White ) the judge awarded a settlement that “reflected the wealth of the parties, and not just their needs and requirements.” This decision emphasised that a judge should not make any presumptions of equality, but should ensure "the absence of discrimination", for instance, between a wage earner, and a child-carer, thereby recognising the non-financial contribution of the parent caring for children.

The law also applies to civil partnerships, who have the same rights as married couples when it comes to divorce matters, if they have been in the partnership for a year or more. The process for dissolution of a civil partnership is also very similar to the process for a divorce, which includes the distribution of financial assets.

Pre- and Post-Nuptial agreements can make things easier

If you’re entering a marriage or civil partnership where there is a significant disparity in either income or capital, or where there are children from an earlier relationship, we suggest you consider drawing up a pre-nuptial agreement . This is a legal agreement that sets out how assets should be divided between a couple in the event of a divorce. It can include your rights regarding property, income, debt and other assets acquired individually (such as an inheritance) or together (such as joint purchases).

Cohabiting couples that separate: no such thing as “Common Law Marriage”

If you are cohabiting things may not be as straightforward if you decide to separate. Even though it’s common to live together and not get married these days, there is a lot of misconception over financial rights when cohabiting.

For example, there is no such thing as “Common Law Marriage” – that is a myth. It categorically isn’t the case that couples who cohabit automatically have the same legal and financial rights as those in a marriage or civil partnership.

If you are living as an unmarried couple you have less rights, unless you have outlined your wishes in a cohabitation agreement . A cohabitation agreement can set out how you'll divide your finances if you separate, including joint bank accounts, your home and any other assets. However, without an agreement, an unmarried person’s rights in relation to property and assets are significantly affected. Furthermore, there can be serious consequences if there are children from the relationship.

If there are no children, the starting point is that neither party will have any ongoing financial obligations towards the other; they will be able to keep whatever assets or income they have in their sole name. Unmarried couples do not have the right to claim capital or maintenance against the other, irrespective of how long they have been together. A separating unmarried couple will ordinarily divide any assets held jointly in accordance with their legal ownership, then go their separate ways with no further financial obligations.

Where there are children from the partnership, one parent can make an application under Schedule 1 of the Children Act 1989 for a lump sum, settlement or transfer of property order. However, since the law is that the cohabitant herself (it is still often the mother making the claim) has no claims in her own right, any capital which is awarded to purchase a property where her and the children will live is likely to be held in trust until the child’s majority or the end of full-time education, whereupon the capital sum will revert to the payer (the other parent).

So if you are cohabiting, or planning to cohabit, we strongly advise that you consider a cohabitation agreement . While it may momentarily take some of the romance and excitement out of your decision to live together, it will give you both a clear understanding of your legal position and how your assets will be handled should the relationship break down.

Child Contact Agreements

If there are children of the relationship upon separation or divorce, then we can assist in securing an amicable contact agreement . We believe that it is important to ensure that your child or children feel stable, safe and secure during the divorce or separation process. So we will work with you to reach the best child contact agreement for everybody involved.

It’s more than likely that the child or children will live primarily with one parent and the other will maintain ‘contact’ at regular, pre-arranged intervals, for example, at weekends. If the break-up is amicable this can be arranged quite easily, however, if there is animosity between the parents then arranging future child contact agreements can often end up going to court.

Every situation is different, and your family needs to make some important decisions. Whatever your feelings, it’s vital to put your child’s needs first. These needs will vary depending on their age, health, abilities, life and family experiences and their personality.

Our specialist family solicitors recognise that the best outcome is one where everyone agrees on the contact arrangements. If you want to know more about your rights in this regard, need help with child matters, or want advice on whether a current agreement is legally sound, then please contact us .

What to do if you believe your relationship is over

We are experienced in family legal matters, so our first advice to you is this:-

Do not sign anything until you have obtained legal advice

It’s essential that you get legal advice and secure the services of a specialist in family law before you make any arrangements or agreements with your ex-partner, either verbally or in writing.

Our second suggestion is that you engage in mediation . Divorce law is complicated and expensive (especially now that there is limited legal aid funding) and the process can be protracted with many hurdles to jump over. This can bring its own share of suffering, especially if there are children involved.

We can put you in touch with accredited family mediators . With divorcing couples, the mediator’s role is to help both parties identify, negotiate and come to a mutually acceptable agreement on the various issues and financial matters required to end their marriage without the need to go to court.

Mediation ensures that you – with your soon-to-be- ex-spouse or partner – will have full control over the divorce agreement and decisions you make.

If however, all other options have been exhausted, then rest assured we will uncompromisingly pursue your divorce settlement through the courts so that you are awarded your full rights under the law, financially and otherwise.

At Ash Hill Solicitors we specialise in all matters relating to family and divorce law and would be happy to have a 20-minute free initial discussion about any issues that you may have. So if you are considering a divorce, please contact us today.

British Citizenship of Millions of People Could be Jeopardised by a New Law

Thu, 23 Dec 2021 10:36:36 GMT

Concern grows about a UK Bill that allows individuals to be stripped of their citizenship without notice

When it seems we were all looking the other way, a new clause was quietly added to the UK government’s Nationality and Borders Bill which could have far reaching consequences for millions of UK citizens.

Clause 9 of the bill, “ Notice of Decision to Deprive a Person of Citizenship ”, was added in November 2021 just before it’s third and final reading in the House of Commons. This clause exempts the government from having to give notice to any individual that they are being immediately stripped of their British Citizenship. The government wants the right to invoke this clause on practical grounds or if it’s in the interests of “national security, diplomatic relations or otherwise in the public interest”.

In essence, if this Bill passes into law, the authorities will not have to alert individuals that they have just been stripped of their nationality.

Currently the Home Office has to make some effort to contact such individuals beforehand: Clause 9 effectively removes this requirement.

The Bill has now cleared the House of Commons and – at the time of writing – is due for its first reading in the House of Lords in January 2022.

What does the Clause 9 amendment of the Nationality & Borders Bill mean?

The new powers are exceptionally broad and indeterminate. They would also appear to be capable of being applied retrospectively to cases where an individual was stripped of citizenship without notice before the clause became law, raising questions about their ability to appeal.

Of course Deprivation of Citizenship by the Home Office is nothing new. The Nationality, Immigration and Asylum Act passed in 2002 enabled the government to strip someone of their British citizenship provided they had another nationality. Since 2006, the British Home Secretary has had the power to deprive dual nationals of their British citizenship if doing so is "conducive to the public good."

In 2014, these powers were extended to include foreign-born British citizens without dual nationality, so long as the government believes they are eligible for foreign citizenship and if they have acted "in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory."

Shamima Begum is perhaps the highest-profile case of the law being enacted in this way. Begum was born in the UK as a British citizen on the basis of her parents’ immigration status. She left the UK at age 15 and travelled to Syria to join an extremist group. She wants to return to the UK having rejected Islamic extremism, but she was stripped of her citizenship by the then Home Secretary Sajid Javid who cited national security grounds as the reason.

Begum is not alone. The UK has had a recent, significant rise in citizenship deprivations . Between 2006 and 2018, 175 people lost their citizenship on national security grounds – but 100 of those instances occurred in just one year, 2017. Most have taken place when the British citizen is already overseas, so they would be unlikely to know about cancellation orders and would find it difficult to appeal.

Will you be impacted?

Even if you were born in the UK of immigrant parents, have previously been given legal British Citizenship, or have dual citizenship, or have married a British Citizen under a Spouse Visa and subsequently been granted British Citizenship, it could all be taken away by the UK Government, without notice, and potentially with a limited right of appeal.

The decision would be placed in your Home Office file, and you would only get to hear about it when, for example, you apply to renew your UK passport, or when you try to re-enter the UK after a trip abroad.

Setting a precedent

We are troubled by this new law on several fundamental levels, and not just as specialist Immigration lawyers , but as functioning and contributing members of the human race.

We believe that citizenship isn’t a privilege dependent on ministerial whim, but a status on which legal order is built.

The government has been reticent on defining what they mean by “in the public interest”. Could that include displeasing the government of the day in some tenuous way, even if no crime is committed and no law is broken?

In a pivotal House of Lords judgment on notice in 2003 , Lord Steyn said that “surprise is regarded as the enemy of justice”. He also stated that fairness is the guiding principle of our public law, and that fairness requires that a decision takes effect only upon communication .

So our next question is this: how can a person challenge a decision that they do not know about?

Removing the citizenship of a person without telling them signals a retreat from one of the law’s most fundamental values, which is that an individual has a right to know of a decision before their rights can be adversely affected.

Clause 9 also sends a message to a group of Britons, that despite being born and brought up in the UK and having no other home, their citizenship is far from secure.

We also question what evidence the government has to justify including such a potentially prejudicial clause. The Home Secretary Priti Patel has long promised a tougher approach to immigration in the UK, particularly when it comes to people trying to enter the country through the English Channel.

But the tragic loss of 27 people who died while trying to reach England via dinghy in November 2021 shows that there is not nearly enough cross-border co-operation to rationalise enacting such draconian measures that could impact millions, when they should probably only apply by exception for a tiny minority.

What can you do?

Our core issues with Clause 9 arise from our belief that we all have a collective responsibility to ensure to the best of our ability that our fellow men, women, and children are happy and healthy, and that we have a moral duty as human beings to stand up for those who cannot stand up for themselves.

Clause 9 could potentially affect numerous numbers of minority communities who could wake up one day to find their citizenship has been revoked. We believe that Clause 9 needs more debate and – crucially – more proof that it is needed at all. There is an online petition asking for it to be removed from the Bill that (as of today) has amassed over a quarter of a million signatures.

Of course, there is no substitute for education in promoting tolerance and understanding above and beyond our political, cultural and religious differences. So we urge you to familiarise yourself with the new Bill, and especially Clause 9, using independent sources so that you can read up on both sides of the argument.

At Ash Hill Solicitors we specialise in all matters relating to immigration law and would be happy to have a 20-minute free initial discussion about any immigration concerns that you may have.

Please find set out below our specialist immigration solicitor’s LinkedIn profile for your ease of reference.

Why Use a Solicitor for Probate?

Tue, 30 Nov 2021 11:58:44 GMT

We’ll take care of the details while you’re coping with your loss

When a loved one dies, emotions can run high, even when the death was expected. But when you start thinking about all the practical things you need to do, it can become even more stressful and overwhelming, especially if you’re the Executor of the deceased’s estat e . As the Executor you are legally responsible for ensuring that the estate administration is carried out correctly, including making sure the estate is valued properly, the right inheritance tax is paid and all of the gifts from the estate are distributed according to the will. We have more practical information about what to do when someone dies in our recent blog.

But the stress of a major loss can quickly deplete your energy and emotional reserves. While some probates are relatively easy to deal with, even with straightforward estates there are plenty of challenging issues that can arise and things that can go wrong. If you make a mistake, you can be held responsible for it.

Having an expert assist you with probate is, therefore, the simplest and most effective way to take some of the burden of responsibility off your shoulders and give you peace of mind that you are correctly carrying out your duty to the deceased and their beneficiaries.

How a probate solicitor can help

As probate solicitors we are completely independent and have no emotional ties, plus we handle probate cases every day. This means we’ll be able to deal with the legalities with a clear mind, sound judgement and years of relevant legal experience. We can make the process easier for you, making sure that the right information is gathered, completing all the appropriate documentation and submitting it correctly so as to avoid any penalties.

Applying for probate is time consuming and can be frustrating. As expert probate solicitors we can guide you through all the stages of applying for probate. For example, we can:

Tell you whether you need to apply for probate (not all estates will qualify)
Value the estate
Submit Inheritance Tax forms to HMRC
Apply for a grant of representation on your behalf
Collect the assets of the estate
Make sure the estate is distributed accurately to the beneficiaries in accordance with the deceased’s wishes

Dealing with digital assets

Not many people realise that a deceased’s digital assets also form part of their estate. We’re continually being persuaded to transfer our financial dealings online, and as an Executor you’ll need access to all of the deceased’s digital accounts so that we can make sure everything is counted in our valuation of their estate. This may include their social media accounts, if they have a financial value.

We will help you manage your way through the process, and we encourage everyone to keep a list of their online profiles with passwords (preferably locked away with your will) so that your Executors can deal with them appropriately and swiftly. This useful article from Solicitors for the Elderly explains more about what constitutes a “digital asset” and how to go about gathering the information.

Why use Ash Hill’s probate services?

There are also a number of other specific benefits from using Ash Hill’s probate solicitors:

We are regulated by the Solicitors Regulation Authority (SRA) which means we abide by strict codes of professional conduct
We have the experience and expertise to effectively deal with all of the procedural requirements involved in probate with view to keeping delays to a minimum. For example, we’ll make sure the right tax is paid , any problems are identified and resolved, and all accounts are handled with full legal compliance
If necessary, we can mediate between family members or deal with third parties in the event of a dispute. This helps keep you as the Executor out of the ‘firing line’ and can make it easier to quickly resolve conflicts
We can ensure that claims from disappointed parties not benefitting under a will are monitored. This includes adherence to time limits for prospective claims, including those from creditors
We can ensure that the identity of any beneficiaries is properly established and that there are no impediments against handing over funds (e.g. if a beneficiary is bankrupt)
Should issues arise relating to matters outside of the estate, we have a wide range of experts on hand that we can engage at the most appropriate time to resolve these issues
We keep you informed every step of the way, and we are here should you have any questions at any stage of the process

Grief can make you feel many different things and can involve some strong emotions, including worrying about practical issues like probate. You can rely on our service, our expertise, our sensitivity to your situation, and absolute discretion in all matters relating to your loved-one’s estate.

If you would like to discuss how we can assist you, please call us on 0208 515 2790, or complete our online enquiry form , and a member of our Wills and Probate team will contact you to discuss your requirements.

We have the in-house expertise in a wide range of legal services, and our advice is tailored to your particular circumstances. From Divorce , Civil and Commercial Mediation and Elderly Client Care , to setting up Trusts and Nuptial & Cohabitation Agreements .

No matter what your legal problem is, we can help you.

Why Should Cohabiting Couples Consider Estate Planning?

Wed, 09 Jun 2021 12:03:58 GMT

Many young couples these days are choosing to hold off on marriage ceremony until finances allow and are cohabiting first. Whether the decision to cohabit is based on economical or emotional reasons, it’s a sensible choice for those who aren’t ready for marriage or fear the fallout of divorce.

However, without proper estate planning , cohabiting couples could be putting their finances at risk. Unlike their married counterparts, unmarried couples have no automatic right to inherit from each other. However, with careful estate planning, you can ensure your cohabiting partner is protected should you pass away.

This blog shall specifically explore some of the most important factors that cohabiting couples should consider when thinking about estate planning.

WRITE YOUR WILL

The simplest and most straightforward way to protect your partner should you pass away is to write your Will. It is important to note that it does not matter how long you and your partner have lived together, without a Will in place, you will not have an assurance that your partner will receive a share of your estate when you die.

IF YOU DO NOT WRITE A WILL

If a person dies without a Will, normally their estate shall be distributed in accordance with the intestacy rules. This can have serious consequences for cohabiting couples. For example, in some cases this can mean that the surviving cohabitee may lose their home and a source of income. The only way a surviving cohabitee may be able to obtain a relief is by making an application to the Court to get a share of the family home. This could mean that they end up in a notorious legal battle with any children from previous relationships or other family members who may claim a right as next of kin.

Therefore, it is essential that you should discuss these issues with your partner during your lifetime and what you wish to happen to your assets after you pass away. It is most beneficial to instruct a solicitor that specialises in drafting Wills .

WHAT ARE THE MOST IMPORTANT FACTORS TO INCLUDE IN YOUR WILL AS A COHABITING COUPLE?

As a cohabiting couple there are several factors that are important for you to consider, which we shall set out below. However, often what you should include in your Will is determined by your personal circumstances and whether you have any children, either from previous relationships or together. If you or your partner have children together or from a previous relationship, then the advice would differ significantly. At Ash Hill Solicitors we urge that you should seek legal advice on your specific circumstances.

As a general guidance and on the basis that you wish to ensure that your partner is provided for after you pass away, we recommend that you should include:

1. INHERITANCE - Details of who should inherit from your estate.

2. EXECUTORS - You may consider appointing your partner as an executor of your estate so that they can be involved in the dealing of your estate after you pass away.

3. PROPERTY – if you own a property or properties, you may set out in your Will whom the title to the property should pass and what should happen in the interim period. For example, you may wish to set out in your Will that you want your partner to continue living in the property after you pass away. This is normally by way of a lifetime interest for your partner.

4. MONEY – You may set out a specified amount you wish to pass to your partner to ensure that they have enough money to live on.

5. POSSESSIONS – If you have valuable possessions you may wish to include details about these in your Will and then specifically pass them to your partner. These might be a ring, a car or even sentimental items.

Above are some of the very basic matters a cohabiting couple should consider when estate planning and, in our view, there are many more complex issues that may be more relevant depending on your specific circumstances. We suggest that the first step in protecting your loved ones is to ensure that you have a properly drafted Will by a professional.

What Should You Do When Someone Dies?

Tue, 18 May 2021 22:41:24 GMT

Losing a loved one is understandably a very emotional time and in addition you may feel like you have a million and one things to do. The first and most important thing to know is that there is no rush with any matters, you must take your time and allow friends and family members to assist you.

We understand that this may be an incredibly difficult thing to go through for you and your family, so we’ve created this simple guide to help you deal with matters in 5 simple steps.

If you prefer to talk to a specialist about your situation? We’re here from Monday to Friday, 9am to 5pm to help.

Call: 0208 515 2790

STEP 1 - Get a medical certificate

The first thing you need to do after someone dies is get a medical certificate setting out the cause of death. If the person died in a hospital, this would be prepared and given to you by a member of staff. If they died at home, you’ll need to call their GP to arrange a medical certificate.

STEP 2 - Register the death

The next step is to register the death and get a death certificate. This usually needs to be done within five days and only takes around 30 minutes. If you live in England or Wales, you can find your nearest register office here: https://www.gov.uk/register-offices

Deaths in the UK are usually registered by someone related to the person who died. There is no cost for registering the death, however, you do need to pay for the death certificate. Each copy costs £11 and it is recommended to get several original copies of the death certificate.

STEP 3 - Arrange the funeral

If your loved one made a will, they may have included funeral wishes to help you plan a meaningful farewell. If you want to speak to a specialist about your options or need to use money from the estate to pay for the funeral, please call us today to assist you.

Call: 0208 515 2790

STEP 4 - Notify people and organisations

By using the government’s Tell Us Once service, you can notify multiple government departments of your loved one’s death, including the Passport Office, HMRC and the DVLA.

Use Tell Us Once service: https://www.gov.uk/after-a-death/organisations-you-need-to-contact-and-tell-us-once

STEP 5 - Apply for probate

Before you can deal with the person’s estate and distribute assets to beneficiaries, you may need to apply for probate. If you think you might need probate, need help applying or want to speak to a specialist about your situation, please get in touch with our probate team or call on 0208 515 2790

It is important to determine who the executors to the estate are, this is normally set out in the Will. The executors will be responsible for dealing with the administration of the estate. If the deceased did not leave a Will, then you will need to determine who is entitled to apply for the letters of administration, this will follow the rules of intestacy. It is possible for you to apply for the grant personally however, you should note the importance of your role and duties when taking on this role.

In the alternative, appointing a solicitor to deal with the administration of the estate on your behalf will ensure that the estate is fully administered, and no issues will arise at a later date and you will be reassured that the deceased’s wishes are fulfilled. At Ash Hill Solicitors, we offer several options to assist you in the administration of the estate; it is possible for you to decide how involved you wish to be.

If you would like to discuss how we can assist you, please call us on 0208 515 2790 or complete our online enquiry form and a member of our Wills and probate team will contact you to discuss your requirements.

Can I Take My Child on Holiday if Separated/Divorced?

Tue, 18 May 2021 22:36:06 GMT

The coronavirus pandemic has certainly put a stop to many holiday plans in 2020 and 2021, but with the governments’ announcement that the restrictions will end by 21st June 2021, most of us are edging to book a holiday and our sights are set on a much-needed exotic holiday!

If a single parent wants to take their child abroad on holiday, the first question to consider is ‘Who has parental responsibility for the child?’ A biological mother automatically has parental responsibility for her child from birth. A biological father can have automatic parental responsibility in one of two ways:

1. By being married to the child’s mother at the time that the child was born

2. By being named on the birth certificate (only automatic after 1st December 2003)

If neither of the above two apply, the alternative may be to have a parental responsibility agreement, which can grant a father parental responsibility if he does not have so already, providing that the child’s mother agrees with the father having parental responsibility.

To take your child outside of England and Wales, you require the written consent of everyone who shares parental responsibility. However, if you have a child arrangement order sealed by the court that your child lives with you in which case you can take the child out of the country for up to 28 days. In our view it is still good practice to inform the other parent and if it impacts on the arrangements when the child spends time with the other parent you should seek their agreement in advance of making any travel arrangements. This would also be in the best interests of the child.

It is important to note that if you have parental responsibility for a child and wish to take them on holiday in England and Wales, and if there is no court order in place, you do not need the other parent’s permission to take the child on holiday as long as you are still within the jurisdiction of the law of England and Wales. Again, it would be courteous and, in our view, good practice to let the other parent know of your plans and it may avoid future conflict if the other parent is notified of travel plans in advance.

What should you do if the other parent will not agree?

Your first step should be to try to reach an agreement with the other parent. If this is not possible, you should consider asking a friend or family or even a family mediator to assist.

If none of these options resolve the matter, or if this fails, you can speak to our solicitors to assist you.

It is also important to note that in these situations, it is not in a child’s interests to pass messages between you and the other parent and to be drawn into adult issues.

How Ash Hill Solicitors can help?

As we ease out of lockdown most parents will want to treat their children to a memorable experience of a much-deserved holiday. If you are a parent who has concerns relating to what is set out in this post, it is important that you seek the correct legal advice before taking any action. Here is a list of actions we can take on your behalf:

1. We can contact the other parent to attempt to reach an agreement.

2. We can advice about issuing an application to court to seek permission to take a child on holiday.

3. In the alternative if you wish to prevent a parent from taking a certain action or taking your child on holiday without your consent we can make an application to the court to prevent them.

You should be aware that in most cases, if an application to court is made, the court will consider the welfare checklist. This checklist includes the wishes and feelings of the child, and their physical, emotional and educational needs.

Contact us to explore your options and best course of action via our online enquiry form or by calling on 0208 515 2790 .

Deputyship Fees Explained: Full 2026 Cost Breakdown

Property During Probate

At a glance

What is probate property?

Who owns a property during probate?

Valuing the property for probate

Paying inheritance tax when the estate's main asset is the house

Paying in yearly instalments

The Direct Payment Scheme

If there is no cash in the estate

Selling a property during probate

Do you need probate to sell the property?

What if there is no will?

Can you sell before the Grant of Probate is issued?

Selling a jointly owned property

The sale process, step by step

Selling versus transferring to a beneficiary

Beneficiary consent and disputes

Can an executor sell without the beneficiaries' approval?

Can a beneficiary stop the sale?

When beneficiaries disagree with each other

How a dispute can stop the sale completely

How long can a property stay in probate?

What you can and cannot do with the property before the grant

Can a beneficiary live in the property?

Can you rent it out?

Your obligations while the property sits empty

Stamp duty, land tax, and capital gains tax

Stamp duty on a probate property

Capital gains tax between the probate value and the sale price

If you would like some help with this

Frequently asked questions

Power of Attorney Duties and Responsibilities

What is a power of attorney, and what does POA mean?

The words you will keep running into

When can you start acting as someone's attorney?

What are your duties and responsibilities as an attorney under a POA?

What does acting in someone's best interests actually mean?

What records do you need to keep?

Can you be paid, or claim expenses?

Can you give gifts, or spend the donor's money on yourself?

What if there is more than one attorney? Can two siblings both do it?

What can an attorney not do?

What happens when the donor dies?

Attorney or deputy: what is the difference?

Worried about how an attorney is behaving?

Can you stop being an attorney?

If you are not sure, ask before you act

Frequently asked questions

How long after death is a will read? UK timings explained

Is there really a "reading of the will", like in films?

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How soon after death is the will actually read?

Who has to make the first move?

Where is the will kept, and how do the executors get it?

Who is allowed to see the will before probate?

When does a will become public?

How to get a copy of a will

When will beneficiaries be told what they are getting?

What if the executor will not show you the will?

Is it the same in Scotland and Northern Ireland?

We are here if you need us

Wills for Blended Families: Your Options Explained

The short version:

What makes wills for blended families different

Three ways children get left out of a will by accident:

1. When There is no will at all

2. When Everything passes to your husband, wife or partner

3. When You both make mirror wills

How a life interest trust works in a will

What are the disadvantages of a life interest trust?

Will a life interest trust protect your home from care home fees?

What type of will is best for a blended family?

Does remarrying cancel your existing will?

How you own your home matters as much as your will

If the will was never updated: deeds of variation

What is fair in a second marriage?

Freq uently Asked Questions ﻿

Where to start

Deputyship Fees: Full 2026 Cost Breakdown

Freq uently Asked Questions

Court of Protection deputyship fees at a glance