Wills & Probate
Without a will, the law decides who inherits — and the answer is frequently not what you would have chosen.
Unmarried partners inherit nothing. Stepchildren inherit nothing. The estate is divided by a formula that knows nothing about your family. With a will, you decide. It takes an afternoon.
Straightforward wills, wills involving property abroad, and wills making provision for children from more than one relationship.
A will valid under English law that distributes your estate in accordance with Faraid. English law lets you leave your estate as you choose; the care is in the drafting.
How your estate is likely to be treated, and the effect of lifetime gifts.
Applying for the grant, collecting assets, paying liabilities, distributing to beneficiaries.
Where someone has died without a will, and the family must work out what happens next.
Where part of the estate sits outside the UK — commonly property or land in Pakistan.
Before anything else. The original will, not a copy.
Property, accounts, pensions, debts. Inheritance tax is assessed on the whole, including gifts made in the previous seven years.
The grant of probate, or letters of administration where there is no will. This is the document banks and the Land Registry will ask for.
Assets are gathered, liabilities and tax paid.
Beneficiaries receive their entitlement, and receive an account of how the estate was administered.
Probate arrives at the worst possible time. We take the administration off the family, keep beneficiaries informed, and explain the tax position in plain terms.
Islamic Sharia Law — inheritance under Faraid, and how it is given effect through a will that English law will uphold.
Yes. English law places almost no restriction on who you may leave your estate to, so a will can distribute an estate in accordance with Faraid and still be perfectly valid. It must be drafted properly, and it should account for the possibility of a claim under the Inheritance (Provision for Family and Dependants) Act.
The intestacy rules apply. A spouse or civil partner takes a fixed share; the rest passes to children. Unmarried partners and stepchildren receive nothing, regardless of how long you lived together.
Six to twelve months is common for a straightforward estate. Estates with property to sell, assets abroad, or a dispute take longer.
Not legally. But the personal representative is personally liable for errors in administering the estate, including tax errors, and that liability does not go away when the money has been distributed.
Bring a list of what you own and who you would like to receive it. Most wills are completed in a single appointment.