Supportive, proficient advice and practical guidance for life’s most sensitive matters.
Death is a difficult topic to consider and discuss, but unfortunately, it happens to all of us at some point. Dying without a valid Will in place can cause numerous issues for your grieving loved ones, so it’s essential to have provisions in place, such as a Will, which can impose many benefits and ensure your final wishes are precisely followed.
At David W Harris, we appreciate how upsetting discussing death can be, and that’s why when you work with our team of friendly solicitors, you can expect a sensitive and supportive service throughout. Our team of solicitors will provide clear Wills and probate advice in Swansea, no matter your circumstances.
Our Wills and probate solicitors in Swansea can provide expertise regarding matters including:
- Making and updating Wills
- Probate (for estates where the deceased left a Will)
- Estate administration for intestate estates (where there is no Will)
- Lasting Powers of Attorney
- Court of Protection
- Inheritance disputes
At David W Harris, our solicitors deal with a range of clients, from those with smaller estates to others with high-net-worth estates. We recognise Wills and probate law can be complicated, but with our solicitors help you can be certain to receive an effective service.
Discuss your requirements with our Wills and probate solicitors in Swansea
We offer a free first consultation to answer your questions and help you decide whether we are the right people to assist you.
Please use our simple online enquiry form to book a free initial chat with one of our Wills and probate lawyers. We respond promptly to all enquiries.
Common questions about Wills and probate
What makes a Will legally binding?
For a Will to be valid and considered legally binding, as well as to prevent problems after an individual has passed away, there are certain conditions that must be met when drafting it. These conditions are:
- The Will must be in writing
- The Will signing must have two independent witnesses
- The Will must be signed
- The Will must be made freely and voluntarily
- You must have mental capacity at the time of drafting
- You must understand the effects of a Will
Without these conditions being met, there is the possibility for the Will to be considered invalid and be disputed in the future.
What happens if someone dies without a Will?
When someone dies without having a valid Will, they become an intestate person, and their estate will need to follow the rules of intestacy, meaning only limited people will be entitled to inherit, such as spouses/civil partners, children, grandchildren, and siblings.
If the deceased person was married or in a civil partnership, their estate is worth more than £322,000, and they have surviving children, grandchildren or great grandchildren, the spouse or partner would inherit all the deceased’s possessions, the initial £322,000 of the estate and half of the remaining estate. However, if there are no other surviving relatives other than the spouse or civil partner, they will inherit everything.
Do you have to go through probate if you have a will?
Whether probate is required will depend on the deceased person’s estate, in particular the value of it.
If an estate is valued above the probate threshold, the executor or administrator of the estate is required to obtain the grant of probate. The threshold currently stands between £5,000 and £50,000. This, however, will usually depend on the bank the deceased’s money is held with.
What is the difference between a will and probate?
A Will is a legal document that an individual will write stating their assets and who they would like to benefit from them. Sometimes other aspects are listed, such as who will take care of children and/or pets.
Probate is the process of legally having the authority to handle the deceased person’s estate, including their property, money, and possessions.
How long does it take for a will to go through probate?
On average, the process of probate takes a year to finalise. This is from the date the deceased person died to when the beneficiaries receive their inheritance. However, this can be longer or shorter depending on the circumstances.
The process of probate has many steps involved, and typically a deceased person’s estate will need a lot of handling, including contacting banks, insurance companies, HMRC, and more. There is also the possibility for delays to occur due to family disputes, claims made against the estate, and more.
Can you decline to be an executor of a Will?
If you have been named the executor of a Will, it can feel extremely daunting, with so many different aspects to consider during the process. It’s important to be aware that you do not have to carry out the estate execution, even if you have been nominated as the executor. You can choose to renounce your rights by signing a legal document called a Deed of Renunciation (PA15), or instead, you can ask for the assistance of a probate solicitor who can provide advice and support, or act as an executor on your behalf.
Our Wills and probate fees
At David W Harris, we take pride in being open and honest about our legal pricing. Should you need specific information about our fees for different legal matters, you can find the relevant subpages using the links below:
From the get-go, we will provide our clients with a clear fee estimate so they can make a fully informed decision before proceeding. We will never carry out any work prior to agreeing with you in advance.
To discuss our fees for the specific matter with which you need assistance, please get in touch, and we will be happy to help.
Speak to our Wills and probate solicitors in Swansea
To discuss your Wills and probate law requirements with our friendly, sensitive Wills and probate solicitors in South Wales, get in touch today.
Please use our simple online enquiry form to book a free initial chat with one of our expert solicitors. We respond promptly to all enquiries.