Frequently Asked Questions around Wills and Probates

It is possible to enter into a Deed of Variation to vary your share in the estate to either another beneficiary or perhaps someone you would like to receive the bequest instead. A Deed of Variation has to be executed within two years of the date of death of the deceased and should be carefully worded to ensure its validity.

Please contact the Wills department who will be able to assist you with regards to this.

I understand the point you are making here and it may seem to you an unnecessary expense however it is our strong advice that if you have any assets at all you should make a will which directs where you would like your estate to go in the event of your death.

If you have strong feelings about friends or family or indeed a charity who should inherit from your estate then your wishes may not be carried out if you die intestate.

Any life changing event that may occur in the future such as getting married, having children or someone close to you dying may prompt you to review this decision however a Will is the best way to control and direct what you have when you have passed away.

It sometimes takes an experience like this to make you think about your mortality and what may happen to your loved ones in the event of your death.

A Will is the only way to ensure protection for your family. Franklins Solicitors can arrange an appointment to attend our offices to discuss your requirements with one of the members of our Wills and Estate Planning Team. We can discuss what your requirements are and provide advice in areas that you are unsure of.

It is a common misconception that you only need a Will in place once you have children and our advice would be if you have assets of any kind you should consider making a Will to ensure that your estate falls into the right hands in the vent of your death.

If your father married whilst having an existing Will in place the effect of this is that his Will is automatically revoked. Therefore he will be deemed to have died intestate and the rules above are applicable to the administration of his estate.

However if his Will was written after he got married and he did not make provision for his new wife then she will be entitled to claim under the Inheritance (Provision for Family and Dependents)Act 1975. Her claims would be based in the fact that she had not been adequately provided for under the terms of his Will.

If you are worried that this is the case then please come along and discuss this with our Wills and Estate Planning department.

Where a person dies without a valid Will, their estate will be dealt with under the intestacy rules. For deaths on or after 1 October 2014 where there is a surviving spouse and children, the spouse receives all the personal effects, a statutory legacy (currently £322,000 for deaths on or after 26 July 2023) plus half the residue (i.e. balance) of the estate. Any surviving children share the other half of the residue equally between them. If there are any minor children, their shares are held on trust for them until they turn 18.

If there are no surviving children or grandchildren, the surviving spouse inherits the entire estate.

If a relative is demanding part of your late spouse’s estate, we would suggest that you make an appointment to attend our offices to take advice on how to proceed.

You will need to make a formal application to the Probate Registry to obtain a Grant of Representation to deal with the assets in your spouse’s estate.

As the surviving spouse you will be entitled to act as the Personal Representative. The Probate Registry will require information on the assets and liabilities that form your spouse’s estate. You will also have to complete an Inland Revenue estate form and swear an oath, all of which is then submitted to the Probate Registry.

It can be a complex process and you are bound by your duties as a Personal Representative to complete the paperwork correctly. The process can be frustratingly slow and time consuming and therefore you should contact our Wills and Estate Planning Department to assist you at this time.