Planning for the future and dealing with the estate of a loved one can be complex and emotional. Understanding wills and probate law in North West London is essential to make sure your wishes are followed and estates are administered properly. Our experienced probate solicitors in North West London, covering areas such as Hampstead, Golders Green, Cricklewood, Wembley and surrounding neighbourhoods, provide clear, expert advice on all aspects of estate planning, probate, wills, trusts and inheritance matters.
As a private client seeking estate planning services, it's important to understand the various legal aspects involved in protecting your assets and ensuring your wishes are honoured. Many law firms across Sussex offer comprehensive wills and probate services to help individuals and families navigate these complex matters.
Creating a will is the only way of making sure your estate (all that you own) is distributed as you wish after you die. Your assets are divided under the strict rules that govern intestacy without a will that is valid. These rules may be failing to reflect all of your intentions.
Probate is the legal process of proving that a will is valid or establishing who has the authority to deal with a deceased person's estate if there is no will. The Probate Registry issues a grant of representation – either a Grant of Probate (if there's a will) or Letters of Administration (if there isn't).
While you can manage the probate process yourself, seeking legal advice from a specialist probate solicitor is strongly recommended. The process involves complex paperwork, calculations for Inheritance Tax, Capital Gains Tax, and Income Tax, and carries significant legal responsibilities. Executors and administrators are personally liable for mistakes, making expert guidance invaluable.
You may not always need to apply for probate, such as when an estate is jointly owned by spouses or is worth less than £5,000.
An estate administration solicitor guides executors and administrators through the complex process of managing a deceased person's estate. Their services include:
If an estate's debts exceed its assets (insolvent estate), debts must be paid in a specific order of priority.
Effective inheritance and tax planning ensures your assets are distributed according to your wishes while minimising tax liabilities. Solicitors can advise on using allowances, reliefs, and exemptions – particularly regarding inheritance tax thresholds – to protect wealth for your loved ones.
This often involves reviewing property, investments, trusts, and lifetime gifts. Expert solicitors in North West London can help you navigate these areas confidently.
A Power of Attorney allows a trusted person to make decisions for you if you lose capacity. The most common types are Lasting Powers of Attorney (LPAs) for:
Without an LPA, loved ones would need to apply to the Court of Protection – a slower and more expensive process.
A living will (advance decision) lets you specify the medical treatment you wish to receive or refuse if you become unable to communicate those decisions.
Trusts are valuable tools for asset protection and tax planning. They can be used to:
North West London solicitors experienced in trusts can guide you through setting up and managing trusts effectively.
Disputes over wills and inheritance can be highly emotional. Grounds for contesting a will include:
Early advice is crucial as time limits apply. Experienced probate and dispute solicitors in North West London can provide compassionate advice and representation.
Experienced solicitors can provide compassionate guidance and legal representation for these complex matters.
The Court of Protection makes decisions about the property, financial affairs, and personal welfare of people who lack mental capacity. If someone hasn't made an LPA and loses capacity, a family member or interested party may need to apply to the Court of Protection to become a deputy. A deputy is appointed by the court to make decisions on behalf of someone who can no longer make decisions for themselves. This is a more complex and expensive process than having an LPA in place.
Under the rules of intestacy, your estate will automatically pass to your spouse when you die.
However, it is worth considering Inheritance Tax implications. Although your spouse is exempt from paying Inheritance Tax on the assets you pass to them, there may be tax consequences for beneficiaries after they die.
Please contact our will writing solicitors for advice.
An executor is a person named in a will to manage an estate.An executor is responsible for paying debts and taxes and for sharing the estate according to the wishes expressed in a will.
More than one executor can be named in a will.
It may be cheaper to make a will with a will writing service than with a solicitor. However, you do not have the same legal protection.
Will writers are not always legally qualified, and they are not regulated by the Solicitors Regulation Authority.
