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Latest statistics indicate that almost three quarters of all British adults still lack a valid will. This is hardly surprising, as some people probably think that making a will is a complicated and expensive business. Some probably think that making a will is something they will “get round to later,” and some probably want to avoid considering what they perceive to be a morbid topic.
However, the reality is that if someone dies without having made a will, the consequences for the loved ones they leave behind can be devastating.
In short, making a will is the only way to ensure that your exact wishes are carried out after your death. If a person dies without leaving a valid will, they are said to die “intestate”, and their assets are therefore at the mercy of what are known as the Rules of Intestacy. These Rules set out the strict order in which that person’s relatives are to receive the whole of or a share of that person’s estate.
Making a will is easier than you think. At The Eric Whitehead Partnership, our Will department will guide you expertly and carefully through the process of making a will to ensure that your final wishes will be carried out.
We are also able to offer a free will service to those of our clients who are aged 18 or over via our long-standing participation in the Cancer Research UK Free Will Scheme.
Please note that we are not able to advise you on the tax aspects of the transaction. You must take appropriate advice from an accountant or other appropriate advisor regarding how this matter affects your tax position.
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If you have recently lost a loved one, our sympathetic probate department can deal with all issues relating to their estate, regardless of whether or not a will exists and regardless of the estate’s size and complexity. We are able to deal with all issues relating to Inheritance Tax (IHT) and also deeds of variation.
Depending on the circumstances, dealing with the personal wishes of the deceased can be difficult, and we are here to support you in whatever capacity you require. This may be that you simply wish The Eric Whitehead Partnership to handle the legal steps that will allow you to administer and distribute the estate of your loved one yourself (grant only), or you may wish for us to deal with the collection of assets or distribution of bequests (full estate administration) on your behalf.
In either case, we will ensure you and your family are treated with compassion and receive the expert advice and practical support you need at this difficult time.
Following the death of a loved one, if you wish to arrange the administration and distribution of their estate yourself, we offer a ‘Grant Only’ service, where the experts at The Eric Whitehead Partnership will carry out all necessary legal steps to obtain a ‘grant of probate’, thereby allowing you to deal with the estate.
Within this service, our dedicated probate team will:
Our Probate-Only Service key stages are outlined below and are included in the fees stated above:
The timescales for the issue of the grant of probate can vary depending on how quickly the probate registry processes the application. Currently, this is 12 weeks from submission of the application (as at March 2025).
For those people who want the burden of administering and distributing their loved ones’ estate to be taken from their shoulders, we carry out ‘Full Estate Administration’, for which we will ensure that all tax and death duties are paid and that all of the estate assets are called in and distributed in accordance with your loved one’s wishes. Our specialist team will:
We will handle the full process for you, including, but not limited to, the following key stages, all within the fees set out above:
On average, most estates are dealt with within 6-12 months. The timescales for the issue of the grant of probate can vary depending on how quickly the probate registry processes the application. Currently, this is 16 weeks (October 2023). Collecting assets then follows, which can take between 2 and 6 weeks. Once this has been done, we can distribute the assets, which normally takes a further 2-4 weeks.
However, the time scale very much depends on the nature of the estate, including whether there is a house to be sold and if there is a dispute relating to the estate. As a result, the administration can take longer than 12 months.
Contact The Eric Whitehead Partnership today for professional, client-focused legal advice tailored to your circumstances.