Storing a Will

This is more difficult than what you would first imagine, you need to store the Will in a place that is private, yet in a place where people can have access to it without your guidance.

With this in mind some people actually leave the Will with a solicitor who will only give others access to that should they have proof of a death. The days of people leaving Wills under floorboards and the back of a bedroom drawer are nearly over, but not completely. The main reason for this is just the ease of access for the common person to affordable legal advice in the form of Solicitors and accountants compared to generations gone by.

In our opinion the easiest and safest place to keep a Will is with a Solicitor and most will charge about £30. However remember to inform your family that there is a Will and which solicitor has it.

Up-to-date?

Most cases of contesting a Will in the UK actually revolve around this clause. It will be often be used by certain parties to ask; was this the last Will?, Did this take into account these circumstances that would have occurred after the Will was made (maybe a lottery win, extra children etc)

There are hundreds of things can can make your will invalid and legal teams will usually try in this area first, so keeping your Will upto date is very very important. However a Will can last 50,60-70 years if it clearly states what you want it to and their is little change in your personal circumstances.


What is Probate?

Probate is usually the name given to the process of people applying deal with the estate of a deceased person's affair. Another term often used is "Administering the Estate".

There are many different aspects to probate and complicating factors which will determine how probate proceeds. For example did the deceased leave a will? Did they have more than £5,000 in assets such as cash, stocks and shares etc.

So probate nothing to technical, just the process of administering the remaining assets of the deceased.

Legal Aid?

If you are thinking of contesting a will then you might want to consider that the chances of you getting legal aid is slim. There is the facility for people to get legal aid before contesting a will but there are certain conditions that need to be met and 90% of solicitors won't even take on legal aid cases when it comes to contesting a will.

Your best advice if needing free advice about challenging a will is to contact the Citizens Advice Bureau anyone who really tries to help you with free legal advice in this area may actually cause you more harm than good. You need advice tailored specifically to your needs.

Most solicitors will charge an upfront fee to begin with (Usually about £150 for the first meeting) then decide if they are willing to take your case on. Remember about 3 out of every 4 cases for contesting a Will fail in court. Now imagine the numbers who wish to contest a will but don't even get to court. So think hard about your aims and the reality of success before costs start to mount.
GreyWing Group