Wills and Probate Solicitors in Peterborough

If you want to make arrangements to pass on your estate in an effective and tax-efficient way or you need the estate of a loved one administered promptly, our team of expert Wills and Probate solicitors can help.

We have an exceptional level of experience across a full range of services, including representing those with complex estates and families involved in agriculture or who own and manage landed estates.

We will ensure that your assets are safeguarded for the future and that you have the right Will and other documents in place to ensure that your beneficiaries are provided for in the way that you want.

If you ask us to deal with the winding-up of an estate after a death, we will work proactively to avoid delays and ensure that the process is as smooth as possible.

We also deal with disputes and contentious Probate cases. Wherever possible, we look for out-of-court solutions, which will usually be faster and more cost-effective, and we are often able to resolve matters without the need for lengthy litigation.

If you need help from one of our Wills solicitors in Peterborough, please contact our Peterborough office.

Our solicitors for Wills and Probate in Peterborough can assist with:

Our Wills and Probate expertise

Challenging a Will

If you have concerns that a Will might not be valid, you may be able to challenge it. The main grounds on which you can contest a Will are:

Lack of testamentary capacity – where the person making the Will, referred to as the Testator, did not have the mental ability to understand what they were signing
The Will was not correctly signed and witnessed
The Testator did not know the full contents of nor approve the contents of the Will
The Testator was unduly influenced by someone into making their Will in the terms that they did
Fraud or forgery

Our solicitors for challenging a Will can advise you on the strength of your case and represent you in making the necessary application to have the Will declared invalid.

Estate administration

Dealing with the administration of an estate after someone has died can feel overwhelming. As well as valuing the estate and calculating tax liabilities, assets need to be liquidated, including the sale of property.

Our estate administration solicitors offer an exceptional Probate service, working to deal promptly with the winding-up of the deceased’s affairs so that the estate can be distributed to the beneficiaries without unnecessary delays.

If there are tensions between family members, we always work to calm these, providing a well-managed and professional service that will reassure those involved. If difficulties arise, we have the expertise to know how to handle them to avoid a situation deteriorating.

Statutory Wills

If someone is unable to manage their own affairs and does not have the mental capacity to make a Will, it is possible to ask the Court of Protection to approve a statutory Will that has been drafted on their behalf.

This might be necessary if someone has previously made a Will and circumstances have changed, for example, their beneficiary has died or if the Will they have is no longer tax-efficient. Alternatively, if they do not have a Will but have assets to pass on, a statutory Will can be used to leave these in a way that you believe they would want.

Our statutory Wills solicitors routinely make applications to the Court of Protection for statutory Wills and if you feel that this is necessary for a loved one, we can assist. We will put together the necessary information in support, which will include, but is not limited to:

An explanation of why a statutory Will is necessary
Evidence in support of the application including details of why you believe it would be appropriate for the individual to leave their estate in the way you are suggesting
A medical report
Details of the extent of the individual’s estate, their income and their expenditure
An assessment of capacity form confirming that the individual is not able to make their own Will

Making a Will

Having the right Will in place means that you can support your loved ones and provide them with a level of security for the future. It can also reduce the risk of misunderstandings and disputes if your family know what your wishes are and how you would like matters dealt with. There is a level of reassurance when someone leaves a Will that can provide some comfort and connection at a very difficult time.

Our Wills solicitors can work with you to identify how you want to provide for your beneficiaries in the future and the best way of doing this, which both protects your assets and is tax-efficient. We will identify any potential pitfalls and advise you on ways to avoid these.

Our team includes senior solicitors with a high level of experience in Will writing, including for individuals with complex family situations, high levels of assets or complicated holdings, such as agricultural assets, business interests and landed estates. To speak to an expert lawyer for Wills and estate planning, call us today and we will be happy to help.

Contentious probate

If a dispute arises over someone’s estate after their death, it can escalate if not addressed promptly. Our contentious probate solicitors can intervene to try and resolve matters straight away.

We are often able to deal with matters out of court, avoiding litigation and helping to avoid problems in family relationships.

Disputes

In the difficult time following someone’s death when emotions are running high, disputes can often arise. This could be for a wide range of reasons, including:

Disputes over the way an estate is being administered
Disagreements between executors
Issues raised by beneficiaries
A challenge to the Will
An Inheritance Act claim by someone who was not included in the Will

Our Will disputes solicitors can take steps to resolve matters promptly, allowing the estate administration to be finalised without undue delay.

We are often able to manage estate disputes without the need for court action, which can prevent long-running difficulties and the need for the estate to fund litigation.

Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) is a legal document giving someone the authority to make decisions on your behalf, should you ever become unable to manage your own affairs. You can put an LPA in place now so that it is ready to use, should this ever become necessary.

There are two types of LPA:

A property and financial affairs LPA; and
A health and welfare LPA

You can make one or both types and appoint the same or different attorneys for each. If you were ever unable to make your own decisions, your chosen attorney or attorneys would be able to step in and help you, for example, by paying your bills and arranging your care.

Our Lasting Power of Attorney solicitors can draft an LPA on your behalf and provide advice on what to include and how to select the right attorneys. We also deal with LPA registration so that the document is ready to use, should it ever be needed.

Court of Protection

If someone does not have an LPA in place, then a family member may need to apply to the Court of Protection for a deputyship order giving them the authority to act for the individual. If you need to make decisions and authorise payments on behalf of someone who is no longer able to manage their own affairs, our Court of Protection solicitors can deal with the deputyship application process on your behalf.

For more information, see our Court of Protection solicitors in Peterborough page.

Our Wills and probate fees

We will make sure that you have a clear estimate for our Wills or Probate costs before we start work. We always provide regular updates throughout the course of a matter, and we will check that you are happy to go ahead before we incur costs.

For more information about fees or for a quote, please contact us and we will be happy to advise you.

Why choose Roythornes’ Wills and Probate solicitors in Peterborough?

Our Wills and Probate team are exceptionally experienced in this complex area of law and provide a comprehensive service. We have particular expertise in dealing with vulnerable individuals, trusts, complex probate administration and working with families involved in agriculture and the management of landed estates.

Our partners have a reputation of providing an exceptional legal service, and are supported by a sizeable team with broad experience across all areas of Wills, Trusts, Probate and assisting vulnerable clients.

When you work with us, you’ll find that our team always approach your legal matter with the utmost sensitivity and care. It is our goal to understand the finer details of your situation so that we can provide the best service possible.