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Wills, Probate and Inheritance Solicitors

At Cartmell Shepherd, we know wills and powers of attorney are as important for your peace of mind as they are for your estate plans.

Having a will is vital, as you inform a legal document which determines who’ll inherit your assets and how they’re dealt with when you’re gone. It’s also a crucial part of probate – the legal process whereby a last will and testament is proved in court and accepted as valid. Powers of attorney are significant too, as they give another person the right to act for you in financial or legal matters. Work around wills and estate administration requires a delicate touch, so we always deliver a personalised service with sympathetic advice, making sure that matters are handled according to all your wishes.

Working with Cartmell Shepherd

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Probate

Probate is the legal process whereby a last will and testament is proved in court and accepted as valid and the true last will and testament of the deceased. If you are an executor on someone’s will, you may have to apply for probate. This then gives you the authority to share out a person’s assets as detailed in their will.

Areas of Wills, Probate & Inheritance that our expertise covers include:

  • Drawing up and amending wills
  • Tax and estate planning
  • Probate and estate administration
  • Trust formation and administration
  • Powers of attorney
  • Court of Protection work
  • Safeguarding assets
  • Probate disputes

We have a specialist Will Dispute Team consisting of four solicitors. For more details please see our separate site:

FAQs

Why should I make a will?

It is important that you make a will to ensure that your estate (money, property and possessions) is distributed in the way you wish it to be, when you die. If you die without a will, there are rules which dictate how your estate will be distributed. For example, unmarried partners cannot inherit from one another without a will. This could leave your partner with major financial difficulties.

Do I have to use a solicitor make a will?

You can write your will yourself, however it is generally advisable to use a solicitor to ensure your will has the effect you intend it to. It is easy to make mistakes during the process of drawing up your will and if there are error, this can cause issues after your death. Of the question is a draft will valid in the UK – for a will to be valid, it must meet the following requirements under the Wills Act 1837:

• It must be in writing.
• It must be signed by the testator (the person making the will) or by someone else in their presence and at their direction.
• The testator must intend for the signature to give effect to the will.
• The will must be signed in the presence of two witnesses, who must also sign the will in the presence of the testator.

What does an executor do?

An executor is a person named in a will with responsibility for taking care of the deceased’s estate.

What is probate and is it always needed?

Probate is the legal process of dealing with someone’s estate when they die. Being granted probate means you can lawfully manage their estate. You will need to apply for probate if you are a named executor on the deceased’s will. The executor or administrator is not required to apply for probate, but if they don’t they won’t be able to transfer the title of any assets that exist in the deceased’s name.

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