Wills, Trusts & Probate

We have many decades of experience both preparing Wills and managing their administration upon your death. We can advise you on the latest and most effective tax planning, both for lifetime and post-death gifts, and ensure that you can pass on the maximum possible amount to your family, friends and preferred charities. PWJ offers a full professional Executor and Trustee service if you would prefer to appoint a professional to manage your affairs after your death.

We understand and can incorporate sensitive family situations and have extensive experience of helping people with more than one family to consider. We can also provide complete advice on the issues connected with civil partnerships, unmarried couples and divorce.

In situations where the deceased has not made a valid Will, we can assist with the intestacy process, including the search for missing relatives and beneficiaries. We may also be able to offer advice and support for those seeking to contest the validity of a Will or make a claim to an Estate – intestate or otherwise – depending on the circumstances of the individual case.

If you have additional income or assets which you do not need day to day and would like to protect from additional taxation then a trust may be the perfect vehicle for you to pass this wealth down to your family whilst still retaining control over how and when it is received. Our team of highly qualified lawyers are experts in trusts and can advise you on the most appropriate and efficient trust for your particular circumstances and requirements.

Our team of probate lawyers are able to guide you through the process of dealing with the administration of the estate. This can range from advising on the process, completing Probate papers or a complete service on dealing with the whole administration process from beginning to end.

The list below sets out the whole service we provide but this can be tailored to your needs.

1. Analysing and assessing the extent of the estate, identifying assets and liabilities, registering the death with all the asset holders and securing appropriate valuations

2. Undertaking any necessary searches for unidentified assets eg
(i) search of National Savings Investments
(ii) search of Unclaimed Assets Register
(iii) search of dormant accounts with Bank and Building society associations

3. Verifying with the Executors the identity of beneficiaries and their location where there is a will or verifying with the Administrator/Administratrix the identity of beneficiaries and their location where there is no will

4. Preparing and issuing Notices under Section 27 of the Trustee Act 1925 for Claimants and publishing in the London Gazette and local paper

5. Arranging for funds to be released for payment of funeral, inheritance Tax and Probate Court fees

6. Collating information on the value of the assets and liabilities of the estate

7. Preparing Inland Revenue Account (Form IHT207 or IHT400) and accompanying Schedules. Arranging for Statement of Truth and Inland Revenue Account to be signed and lodging with the Probate Court and H M Revenue & Customs respectively and applying for Grant of Probate or Grant of Letters of Administration as appropriate.

8. Preparing necessary forms for transfer/encashment of assets

9. Obtaining Grant of Probate or Letters of Administration.

10. Registering the Grant of Probate or Letters of Administration with asset holders and collecting in all the assets

11. Arranging for the payment of estate liabilities, cash legacies and the satisfaction of specific legacies, including the identification of individual or charitable beneficiaries

12. Preparing and submitting income tax return to date of death or dealing with existing Accountants, if required by you. Checking and agreeing Inland Revenue calculation

13. Where necessary, filing a corrective account detailing changes to the original Inland Revenue account which become known after the original Inland Revenue Account was submitted , e.g. deducting the cost of any memorial, and/or adding any repayment of income tax

14. Preparing and reconciling the appropriate Executors/Administrators Cash and Distribution Accounts for analysis.

15. Preparing schedules of income and capital gains (where appropriate) for the administration period. Obtaining clearance in respect of Inheritance Tax (where appropriate), Income Tax and Capital Gains Tax

16. Final winding up of estate including making final distribution.

We aim to be as transparent as possible about how we calculate your legal costs. Our charges relate mainly to the time spent on your legal matter, plus any addition expenses such as court fees. You can learn more about the legal costs associated with a probate application from the link below.

Uncontested probate application costs ›