Wills and Probate

From our offices in the Godalming/Guildford area and Dorking in Surrey, our specialist private client lawyers offer a sympathetic and pragmatic service to all our clients.

Wills 
Writing a Will is part of essential lifetime planning and a pre-requisite to peace of mind and certainty (i.e. knowing what you have will go to whom you wish, when you wish and via people whom you wish to administer your affairs). We will guide you through the options to achieve and maximise your wishes.

Probate
The process of administering your Will and distributing your estate is known as "Probate".  Obtaining probate is normally the responsibility of the Executors of your Will and the person who applies for Probate is then legally required to ensure that your estate is dealt with correctly and lawfully.

It is becoming increasingly common for a Will to be challenged and in this case a Probate Court may be called upon to decide the legal position. Having a professionally written Will makes Probate more straightforward and easier to defend any challenges to the Will.

Letters of Administration
If you die without making a Will it is called dying intestate.  Dying intestate usually makes the process of sorting your affairs more complicated and costly for the loved ones you have left behind. It may also mean that your estate may not be disposed of as you would have wished. In some cases it could mean that all of your estate ends up going to the Government.

Your next of kin can apply for a grant of letters of administration which gives them the legal power to deal with your assets as an "Administrator" much in the same way as an Executor would.

Letters of Administration are the equivalent of a Grant of Probate,; the difference being Probate is required where there is a Will and Letters of Administration where there is no Will. For all intents & purposes, however, both Grants are the same.

Administration of Estates
On death, we provide sensitive and pragmatic advice and help administer your estate efficiently and speedily to ensure your wishes are carried into effect as soon as possible.  We will obtain a grant of representation, deal with tax affairs, distribution of the estate, advise on the preparation of estate accounts, tax mitigation, and on deeds of variation.

Living Wills
These allow a person to make arrangements to be refused specific medical help, should he or she lose the ability in the future to make such a decision.

Lasting Power of Attorney
A Lasting Power of Attorney ("LPA") is a document that authorises an individual (called an "Attorney") to make decisions on behalf of a person who grants the "Power" to do so.  Such documents can relate to property or financial matters, or to healthcare or personal welfare issues.

We are experienced in drafting LPAs, in securing their registration with The Office of the Public Guardian and in advising on their interpretation and implementation.

Personal representatives 
We advise on the duties and responsibilities of personal representatives.  If you are concerned about how personal representatives are conducting an administration, then please talk to us.

Advice to individuals
The best piece of advice we can give you however is not to put off writing your Will. 

We make writing your Will a simple and straightforward process that ensures you have provided for those you love. 

If you consider that you have not been appropriately provided for, then please contact us for advice. 

Please call us, as we are here to help.