Wills, Probate & Inheritance

Talk to an advisor

If you have a question about our services please don’t hesitate to get in touch for further information via our enquiry form or by contacting us

Blended families,  cohabitation, widespread home ownership, longer life expectancy and house price inflation mean that disputes about wills and home ownership are increasingly common. Is the will valid? What are the assets? How can I dispute a will? Has reasonable financial provision been made? What should the executors do? Our direct access Barristers regularly advise and represent clients on these issues.

Resulting and constructive trusts need to be resolved when partners and families separate or on death. Our direct access Barristers can help resolve these issues andand get a freezing injunction to prevent the dispersal or export of assets.

Our public access barristers can help you with:

  • Testamentary capacity, including temporary incapacity, Alzheimer’s and poisoning of affections
  • Undue influence by carers, friends and family
  • Setting aside gifts
  • Establishing beneficial ownership of assets
  • Inheritance Act claims by spouses, second spouses, partners, children and dependents
  • Constructive and resulting trusts
  • Construction of trusts
  • Forgery and fraud
  • Scientific proof of kinship.

Wills, Probate & Inheritance FAQs

After someone dies, their estate (money, possessions, property etc) needs to be sorted, which is known as the Probate process. Generally, a Will has been made for you to gather information on the estate and apply for a Grant of Probate. If there is no Will, known as ‘Intestate’, you don’t apply for this Grant as other rules apply. The Probate process can include: filling out an inheritance tax form and paying any outstanding tax, repaying any outstanding debts, distributing the rest of the estate in accordance with the Will etc. This process can involve disputes between the executor, beneficiaries, creditors, or HMRC, which is when you might need legal advice and representation.

Yes. If you think the Will was forged, written with reduced mental capacity or under undue influence or if you were not provided for as a dependent. Contact us to discuss this further.

Someone due to receive an inheritance from an estate is called a beneficiary. They have the right to information, accounts and updates from the person administering the estate. They can take legal action if these rights are breached or if the estate is being mismanaged.

When appropriate, our barristers can apply for a freezing injunction to prevent the export or dispersal of assets.

Direct Access, also known as Public Access, allows you to directly instruct a barrister to act on your behalf, without using a solicitor or intermediary as is traditional. You are managing your case. However, not all cases are suitable for direct access and only barristers specifically trained to accept direct access instruction can assist you. Meet our trained barristers here.

We use a 4 step process outlining how you can instruct a barrister directly: Enquire, Discuss, Confirm, Instruct. Each stage is designed so we can make sure your case is suitable for direct access. It enables our clerks to find the right barrister, at the right price, for the right time just for you. Read more about the process here.

  • Represent you at court, before a tribunal, at a mediation and/or arbitration
  • Advise you on the potential outcomes of your case
  • Advise on drafting correspondence, formal Court documents and expert/witness statements
  • Advise you on involving experts
  • Advise you on the next steps in the proceedings. 

  • Liaise directly with the courts and other parties
  • Collect evidence and relevant papers
  • Handle money on your behalf

It is your responsibility to provide clear, concise instructions for your barrister to work towards your desired outcome. They cannot manage your case or your affairs nor can they handle money on your behalf.

Each case is different and some cases are not suitable for direct access instruction. For this area Clients using legal aid are not suitable for Direct Access so should instruct us using a solicitor. 

If your case is not suitable

Some cases require more day to day management so are not suitable for direct access. In this case, we will not progress beyond the Enquiry stage of our process but you can instruct us using a solicitor.

Fees can be a fixed amount for agreed upon work or an hourly rate with a set limit. Your case is unique but our experienced clerks can provide an accurate fee once you have submitted your enquiry form. Generally speaking, fees can vary depend on how senior a barrister is and how many hours work are needed but you’ll be aware of exactly what you are spending. Read more about our fees here.

A Will sets out who you want to manage your estate (money, property, belongings etc) and the people you want to inherit after your death. Probate is the term used to describe the entire process of administering a dead person’s estate. This involves organising their assets, money and possessions, paying any taxes or debts as well as distributing any money or belonging as inheritance in accordance with the Will. If someone dies without a Will, that is called Intestate and only close relatives can inherit the estate in this case. Inheritance is what somebody gives you after their death and can include money or objects.

We represent family members, loved ones, executors, beneficiaries, solicitors and carers.

Wills, Probate & Inheritance team

An easy process

Upon receiving this enquiry form a Public Access Clerk will contact you to discuss your case in further detail. Please see our 4 steps outlining the process of instructing a Direct Access Barrister.

1. Submit an enquiry
Fill out our form, designed to collect as much information as possible about your case.

2. Speak to a clerk
After carefully reviewing your form, a specially trained Clerk will get in touch to confirm if your case is suitable for one of our Direct Access Barristers.

3. Receive a client care pack
Once our Direct Access Barrister has agreed in principle to represent you, you will be sent a ‘client care letter’.

4. Instructing a Barrister
If you want to go ahead after agreeing to your client care letter, it’s time to instruct your Direct Access Barrister. Download a PDF of this process here.

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