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Wills And Probate Solicitors
Planning for the future and dealing with an estate after a death involve different decisions. Highfin's Wills & Probate services cover making wills, probate and estate administration, with estate-planning matters and contentious probate also within the service scope. This guide introduces the relevant services under England and Wales law so you can identify the advice your circumstances require.
Sources checked on . This general information does not assess your individual circumstances.
Record your wishes and review your plans
A will records how you wish your estate to pass and who should administer it. Decisions about beneficiaries, executors, guardians and gifts need to fit your family circumstances and the assets you actually own.
Estate planning looks beyond the document itself. Joint ownership, pension nominations, existing trusts and potential tax liabilities may affect what passes under a will. Review the arrangements when relationships, dependants or assets change.
Jocelyn Owtram, Solicitor, is Head of Litigation and Wills & Probate. Practice-area leadership is separate from the handling and supervision arrangements for an individual matter.
Consider decisions during your lifetime
A will operates after death; it does not authorise someone to manage your affairs during your lifetime. Lasting powers of attorney address different decisions and require their own formalities.
Where someone cannot make a relevant decision, the appropriate route depends on their circumstances and any authority already in place. Deputyship involves the Court of Protection and should not be treated as interchangeable with making a power of attorney.
Separate the grant from the wider estate work
Probate concerns the authority needed to deal with an estate. Whether a grant is required depends on the assets and how they are held; not every estate needs one.
A grant of probate, letters of administration or letters of administration with the will annexed may be appropriate. Collecting assets, paying liabilities, accounting for tax and distributing the estate are separate administration responsibilities.
Review trusts and tax in context
Trusts can affect who holds assets and how beneficiaries benefit, but they also create duties and may have tax consequences. Their suitability depends on the intended purpose and circumstances.
Inheritance Tax planning requires current advice about ownership, exemptions, reliefs and relevant dates. Neither a trust nor a lifetime gift provides an automatic tax saving.
Identify disagreements about an estate
Highfin handles contentious and disputed probate. Disputes may concern a will's validity, the conduct of estate administration or a claim for financial provision; these are different issues with different legal requirements.
Preserve the will, correspondence and relevant records and obtain advice promptly about the particular claim and any deadline. Disagreement with a gift does not by itself establish that the will is invalid.
Prepare the information for an enquiry
For planning advice, start with your family circumstances, existing will and a broad picture of assets and liabilities. For an estate, identify the person who died, any will, the likely representatives and whether a grant has been obtained.
An initial discussion should establish the work required and whether any urgent issue needs separate attention. Avoid sending highly sensitive documents through the initial website enquiry form.
Official guidance
People at Highfin
Explore the people and their areas of work.
- Agree the scope first
- Will preparation, a grant application, full administration and a contested matter involve different work. Scope and costs require confirmation before instructions are agreed.
- Pricing remains pending
- Current Wills & Probate pricing and service-specific terms await firm approval. Historic website prices are not reproduced here.
Frequently asked questions
Your questions
Is estate planning the same as making a will?
No. A will is one part of planning. Ownership arrangements, lifetime decision-making documents, trusts and tax considerations may also need attention.
Does every estate need probate?
No. The assets, ownership arrangements and requirements of the organisations holding them determine whether a grant is needed. Tax and administration responsibilities may still arise without a grant.
Can there be a will but no executor able to act?
Yes. Letters of administration with the will annexed may be needed, subject to applicant priority and the position of any named executors.
Does Highfin handle disputed probate?
Yes. Contentious and disputed probate are confirmed services. The particular dispute, scope of instructions and costs still require assessment.
Which service should I enquire about after a death?
A grant-focused enquiry concerns authority to deal with assets. Estate administration covers the wider work through to distribution. Identify any disagreement separately so the appropriate advice can be considered.
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