Wills, Trusts and Probate

A Will is the most important document you will ever make as it disposes of all the wealth you have accumulated during your lifetime; therefore, it is important to take proper advice.

The best place to start is to gather details of your assets, liabilities, and family tree before considering who you would like to provide for.

We can help guide you through this with our Will Questionnaire, which sets out the basics of what you need to make a Will. 

It is very important to make a Will as if you do not have one, your estate will be divided up according to intestacy rules, which often results in unwelcome outcomes. 

An executor can also be a beneficiary of a Will, but a beneficiary should not act as a witness of the Will; otherwise, they will not be entitled to their inheritance under the Will (unless the Will is still valid without their signature).

A point to note is that an executor is usually appointed as a trustee. If the Will contains a discretionary trust, there may be a conflict of interest as the executor/trustee may wish to exercise their discretion and appoint all the Trust funds themselves.

It is always prudent to consider carefully who should be appointed executor/trustee and, if possible, appoint more than one, as trustees must act unanimously.

There are many grounds on which a Will can be contested. If the Will is contested on the grounds of validity, those issues must be resolved before the Will is proved at the Probate Registry. If a Will is contested on the basis that reasonable provision has not been made for them under the Inheritance Provision (for Family and Dependants) Act 1975, the person challenging the Will has six months from the date of the grant to make a claim. 

The Executors should wait nine months and one day before distributing the estate, as an application can be made within six months, but the individual has a further three months to serve the claim. Any distribution before that time means the estate's executors are at personal risk.

If you create a trust during your lifetime and you survive for seven years without taking any benefit from it, the trust assets are generally outside your estate for inheritance tax (IHT) purposes when you die. This can be a key part of estate planning, particularly where you want to reduce IHT exposure while still providing for family members.  

Trusts can also be preferable to simply gifting assets outright, especially where beneficiaries are minors or may be vulnerable. A trust lets you set the terms for how and when the trust property is used, while appointing trustees to manage the assets in line with your wishes.

From a probate perspective, it’s important to plan carefully: the trust may affect what forms part of the estate, what needs to be reported, and how the trustees and executors should coordinate.

Our Wills Probate Solicitors can help you understand how the trust fits into your wider will and probate strategy, including who should act as trustee and how to structure the arrangement to support your long-term goals.

One common question is whether a trust can help you avoid probate. In many cases, assets held in certain types of trust may not form part of the deceased’s estate in the usual way, which can reduce what needs to be dealt with through the probate process.

However, whether probate is avoided (or simply reduced) depends on how the trust is structured, what assets are actually held in the trust, and how the Will interacts with the trust arrangements.

That’s why it’s important to get the drafting right from the start. Our Wills Probate Solicitors can explain how trusts work alongside your Will, including what happens on death, what may still require estate administration, and how to coordinate trustees and executors so your wishes are carried out as smoothly as possible.

Trusts in Wills can also help to mitigate IHT.

For example, suppose you own business assets or agricultural assets. In that case, you could leave these assets into a trust on the first death to maximise the available reliefs and exemptions, potentially resulting in an overall IHT saving. The Trust can also reduce the value of the estate passing to a surviving spouse, allowing your estate to qualify for other IHT reliefs, such as the Residence Nil Rate Band.

In principle, anyone can be a Trustee if they are over 18 and have the mental capacity to act. A Trustee can be the person creating the Trust who wishes to retain control over the trust assets, a Beneficiary (but keep in mind a potential conflict of interest if other beneficiaries are not trustees), a professional person (they will be the most impartial but will charge for acting), any other individual, a company, or a limited liability partnership. 

It is important to choose Trustees carefully and trust they have the relevant skills to carry out their duties. You should have a minimum of two trustees and a maximum of four. Trustees must act unanimously, so they need to be able to work together.

Estate administration involves several stages, and the timeline can vary depending on the assets involved and how quickly third parties respond (for example, banks, insurers, and property or business stakeholders).  

First, the Executors or Administrators gather information about the deceased’s assets and liabilities as at the date of death.

This initial work often takes a number of weeks.   Next, the team prepares the probate application. This typically includes completing the relevant Inheritance Tax (IHT) forms, setting out the value of the estate.

If IHT is payable, the process usually requires additional IHT reporting and payment (or payment of the first instalment) before HMRC issues the necessary confirmation for the application to proceed to the Probate Registry.  

Once the Probate Registry issues the grant, the Executors can then collect assets, settle debts and liabilities (including any remaining tax), and finally distribute the estate to the beneficiaries.  

If you’re unsure what steps apply to your situation, our Wills Probate Solicitors can guide you through the process and help you understand what you need to do at each stage, so you can act with confidence as an executor.
Once the Probate Registry has issued the grant, the Executors or Administrators can collect the assets and discharge an outstanding liability, including any tax, to the date of death and during the estate administration before distributing the estate.

This stage can take a couple of weeks if the deceased's affairs were straightforward and consisted of straightforward assets such as bank accounts.

If the estate consists of property or a business, finding a buyer can take much longer.

Typically, an estate administration can vary from around six months to a year but longer if the estate is more complicated or there are disputes.

At Myerson, we provide a bespoke service and advise you on your individual circumstances based on your priorities.

As a guide, we find that mirror Wills without Trust are in the region of £1200 + VAT.

If you require more complicated Wills containing a trust or further advice regarding estate planning or Inheritance Tax mitigation, our charges are from £2000 + VAT.

Check out our probate service costs page for more details.

Probate is the legal process of administering a person's estate after they die.

 It involves collecting their assets, settling any debts and taxes, and distributing the estate to the beneficiaries.

Whether probate is required depends on the type and value of the assets left behind.

Many financial institutions will require a Grant of Probate before releasing funds or transferring property.

For more information, visit our Probate Solicitors page.

If someone dies without a valid Will, their estate is distributed according to the rules of intestacy.

These rules determine who inherits and may not reflect the deceased's wishes, particularly for unmarried partners, stepchildren or close friends.

Making a professionally drafted Will ensures your estate is distributed according to your wishes and can help avoid unnecessary complications for your loved ones.

Find out more on our Intestacy page.

Yes, you can apply for probate yourself.

However, the process can quickly become complex, especially if inheritance tax is payable, the estate includes business assets or overseas assets, or there are disputes between beneficiaries.

 If you want to reduce delays and avoid costly mistakes, it may be worth instructing Wills Probate Solicitors, particularly when the paperwork is technical, HMRC reporting is required, or you need support where the will is contested, or the estate is difficult to administer.

Our experienced probate solicitors can manage the process on your behalf, helping to reduce delays, minimise risk and provide reassurance during what is often a difficult time.

Learn more about our Probate Solicitors service.

A Will sets out what should happen to your assets after your death and appoints the people responsible for administering your estate.

A trust is a legal arrangement that allows assets to be held and managed by trustees for the benefit of others.

Trusts can be created during your lifetime or within your Will and are often used to protect assets, provide for vulnerable beneficiaries and support inheritance tax planning.