No, you can apply yourself. But many families choose a solicitor to avoid mistakes, delays, and personal liability. Our Leeds probate team makes the process faster and less stressful.

You can apply for probate without a solicitor: however, it is a good idea to get legal advice if you do not understand the will, or where the estate is complicated.

As part of the process of applying for probate, you will need to calculate the value of the deceased’s estate which includes everything they own. In addition, you will need to calculate the inheritance tax (IHT) due. This can become complicated when someone has left assets held in trusts or overseas, or where the deceased owned a business for instance.

Executors are personally responsible for correctly administering an estate, including accurately valuing the assets and calculating the right taxes, settling any debts, and distributing to the beneficiaries. If this is done incorrectly, executors can be held personally and financially liable. Instructing a solicitor gives the executor peace of mind and protection if anything goes wrong.

You don’t have to, but it helps. A solicitor can make sure your will is valid, help reduce tax, and guide your family through the process. The Private Client team at Winston Solicitors in Leeds specialises in clear, compassionate support.

No, but using a solicitor makes sure your Will is valid and cannot be easily challenged. A will writing solicitor can also explain tax and inheritance issues in plain English.

Yes, it’s still recommended. Your circumstances may change in the future, and setting up a trust now protects you later.

Yes, if you are aged over 18 and have assets. This is because a will is the only way you can make sure that your wishes will be carried out after your death.

Yes. If you currently own as joint tenants, your solicitor can help you change to tenants in common. This allows you to leave your share of the property in a trust through your will.

You only need to change your will if you change address if you have made a specific gift of that property in your will.

Yes. Marriage or civil partnership usually cancels your existing Will unless it specifically says otherwise.

Yes. Entering into marriage or civil partnership after you made a will automatically revokes your will unless it was made specifically in contemplation of marriage or civil partnership and states that it is not to be revoked by the marriage or civil partnership.

Not with Winston Solicitors. We store wills securely at no extra cost. Other firms may charge a fee.

Winston Solicitors do not charge for storing your will but some firms may.

If the couple are both still alive and one of them moves into a care home, the matrimonial home would not be included as part of the financial assessment as it would be part of the mandatory disregard. This means the part of the couple not in the care home could continue to live in the property as normal.

Yes, but only when the first part of the couple has passed away. A life interest trust is a Will trust (rather than a lifetime trust) meaning it only needs to be registered once the first part of the couple has passed away. The trust would be registered with the Trust Registration Service at HMRC. This is something we would be more than capable of assisting clients with.

Yes but there are consequences. We can advise you on the implications both good and bad.

It's crucial to discuss your wishes in detail with your attorney and solicitor. At Winston Solicitors, we ensure that every LPA we draft is tailored to the individual's specific needs and preferences.

In order to determine whether there is any inheritance tax due from the estate, you will need to calculate the net estate for inheritance tax purposes and where necessary, check if you are eligible for any inheritance tax reliefs.

A Health and Welfare LPA focuses on decisions related to your health and personal well-being, while a Property and Financial Affairs LPA pertains to decisions about your finances and property.

Your compensation is paid into a trust account managed by trustees. You can still spend the money, but withdrawals must be approved and signed by your trustees.

When someone dies having already made a will, they are likely to have explained in their will which assets they are leaving, such as property, money and possessions, and to who they would like to leave them (the beneficiaries). Everything that is owned by the deceased is called their “estate”. The will should name the executor, who is the person in charge of distributing the assets.

The executor will then need to apply for probate to give them legal authority to collect the assets within the deceased’s estate and distribute them to the beneficiaries. Before the executor applies for probate, they will need to estimate the value of the estate and calculate whether any inheritance tax is due.

A person dies with or without a will.
Without a will, a friend or relative can apply to be their administrator.
With a will, an executor will be named.
The broad term for executor or administrator is personal representative.
The personal representative must then administer the estate of the deceased according to the Intestacy Rules if there is no will, or by the terms of the will is there is one.
In some cases, to do this, they must obtain a Grant or Representation (Grant of Letters of Administration if there is no will, Grant of Probate if there is a will) from the Probate Registry.
The grant allows them to do things like close bank accounts, sell property, pay debts and distribute to beneficiaries.
They may have to pay inheritance tax to HMRC. This has to be done before they get a grant.
The process may be as quick as six months if there is no property to sell or may take several years.
There are rules regarding the timescale in which an estate should be dealt with but depends on the circumstances. Distributing too quickly or too slowly can result in problems for the personal representative in the form of creditors or beneficiaries who haven’t been paid or who they didn’t even know existed!
Further tax, like income or capital gains tax, may be due to HMRC in the estate.
To finalise the estate, a full set of estate accounts should be produced to show the estate’s value as at date of death, the assets collected in, debts paid and beneficiaries distributed to.

IHT is calculated by adding up the total value of your estate and subtracting any debts. If the estate is above the tax-free threshold (£325,000), the rest may be taxed at 40%. Certain reliefs and exemptions can reduce this.

Where the solicitor is acting as the executor, they will often hold inheritance money for 6 months after the Grant of Probate is given. This is because if anyone wants to make an Inheritance Act claim against the estate because they reasonably expected to receive an inheritance but didn’t, they must do this within 6 months of probate being granted. Therefore, if someone does make a claim for money from the estate and they are successful, the amount can be deducted from the total held by the solicitor before it is allocated amongst the beneficiaries.

Inheritance funds are often held for up to 6 months after probate, in case someone makes a claim. After that, money is usually released to beneficiaries.