Wills & Probate
Planning for what happens to your assets and affairs in the future can provide valuable protection for you and your loved ones. A properly prepared will can help ensure that your wishes are clearly recorded, while effective estate planning can help you consider how your property and finances should be managed.
We provide professional advice on wills, estate planning, probate, trusts and related matters. We also assist families when an estate becomes complicated or disputed, providing practical legal guidance during what can be a difficult and emotional time.
Whether you are preparing your first will, reviewing an existing one, administering an estate after someone has died or dealing with a dispute over an estate, our solicitors can help you understand the legal issues and the options available to you.
Our Wills & Probate Services
Wills
Making a will allows you to set out your wishes regarding the distribution of your estate after your death. Without appropriate planning, your assets may not be distributed in the way you intended, and your family may face additional legal and administrative difficulties.
Our solicitors can assist with preparing and reviewing a will and testament, taking into account your personal and financial circumstances. This may include your property, savings, investments, personal possessions and other assets.
Estate Planning
Estate planning involves considering how your assets and affairs should be managed both during your lifetime and after your death. It can be particularly important where you have substantial assets, a business, property or a complex family situation.
Effective planning can provide greater clarity for your family and may help reduce the risk of uncertainty or disagreement after your death.
We take the time to understand your circumstances before advising you, ensuring that the arrangements put in place reflect your wishes and objectives.
Probate & Estate Administration
When someone dies, their estate generally needs to be identified, valued and administered before assets can be distributed to those entitled to receive them.
The probate and estate administration process can involve identifying assets and liabilities, dealing with financial institutions, completing the necessary legal and administrative requirements and distributing the estate.
For families dealing with the loss of a loved one, having professional assistance can reduce the administrative burden and help ensure that the estate is dealt with appropriately.
Contentious Probate
Not every estate administration proceeds smoothly. Disputes can arise over the validity of a will, the conduct of an executor, the distribution of assets or the circumstances surrounding a person’s estate planning.
These cases can be particularly sensitive because they often involve disagreements between family members or beneficiaries. We aim to provide clear advice on the legal position and help you understand the available options for resolving the dispute.
Where appropriate, we will explore negotiation and other methods of resolving the matter before considering formal court proceedings.
Inheritance Act Claims
In some circumstances, an individual may believe that they have not received reasonable financial provision from an estate despite being financially dependent on, or otherwise connected to, the deceased.
The law provides certain individuals with the ability to make claims concerning financial provision from an estate. These matters can involve complex legal and factual considerations.
If you are concerned about the provision made for you under a will or an intestate estate, obtaining legal advice promptly can be important, particularly because specific time limits may apply to certain claims.
Trusts
Trusts can be used as part of wider estate planning and may allow assets to be held and managed for the benefit of particular individuals or purposes.
Our solicitors can advise on trusts and wills as part of your wider estate planning arrangements. The appropriate structure will depend on your circumstances, the assets involved and the objectives you are seeking to achieve.
We can explain how trusts operate, the responsibilities involved and the considerations that may arise when incorporating a trust into your estate planning.
Powers of Attorney & Capacity
Estate planning is not only about what happens after death. It can also involve making arrangements for a time when you may no longer be able to manage your own financial affairs or make certain decisions yourself.
A Lasting Power of Attorney can allow you to appoint people you trust to make decisions on your behalf in accordance with the type of authority granted.
Planning ahead can provide reassurance that your affairs can be managed by people you trust if circumstances change.
Estate Disputes & Litigation
Disagreements relating to an estate can become complex, particularly where significant assets, family relationships or questions about a will are involved.
Disputes may involve the validity or interpretation of a will, disagreements between beneficiaries, concerns regarding the administration of an estate or other issues arising during the probate process.
Where possible, we seek to resolve disputes through negotiation or appropriate alternative dispute resolution. If formal proceedings are necessary, we can advise you on the litigation process and the steps available to protect your interests.
Professional Advice When You Need It
Dealing with wills, probate and estates often requires careful attention to detail. The legal and administrative responsibilities involved can become particularly challenging where an estate is substantial, complex or disputed.
At SWM Solicitors, we provide advice tailored to your individual circumstances, whether you are planning your estate or dealing with the estate of someone who has died.
From preparing a will and considering trusts to obtaining a grant, administering an estate or dealing with contentious probate, we aim to provide clear and practical legal support throughout the process.