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The call comes at a time when, according to the National Wills Report 2024, only 57% of men and 50% of women have written a Will.

With the first month of 2025 out of the way, getting a professional Will written can lead to peace of mind about your money going to the right people cost-effectively.

A Will ensures that all of your wishes are implemented, and streamlines the succession process for your family and friends – an important consideration as they struggle with grief.

The absence of a Will could lead to a distribution of assets that go against your wishes and may incur unnecessary inheritance tax.

A Will is vital at all ages, with younger people often gaining significant assets earlier in their careers than in the past. Younger people are also more likely to have more diverse assets and complicated family structures.

A well-written Will can take into account the effect a lump sum may have on beneficiaries that are on state benefits, and implement measures to mitigate them, such as putting a trust in place. It can also incorporate divorces and separations, children from other relationships, care and medical issues, tax, and help protect inherited family wealth, which is particularly important when accounting for changes to inheritance tax law.

The absence of a Will may lead to an unwelcome distribution of assets. Under UK law, the state decides who your estate must go to, this could be someone you did not want it to go to, whilst a loved one you intended to benefit ends up with nothing.

A professional service will ensure the Will does what you want it to do. Free online or cheap Wills are not up to ensuring your wishes are respected and may well trigger a legal battle between loved ones.

It may feel a bit morbid, but it is important to think of your Will as if you’re going to die tomorrow.

If you require Will services, then please get in touch with one of our highly experienced and friendly team.  Our Will specialists will take the time to understand your individual circumstances and will provide you with tailored advice. We have offices in Coventry, Warwick, Southam and Balsall Common and our solicitors work across the whole of the Coventry and Warwickshire region and beyond.

Article written by Lead Solicitor in our Private Client department, Helen Strong.

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Probate involves the identification of all of a deceased persons assets and liabilities the and sharing out the remaining estate according to the Will. Properties cannot be sold, nor money distributed until a formal Grant of Probate has been issued.

The long delays are creating a negative domino effect that is being felt not just by solicitors across the country, but also clients.

Prior to the Covid-19 pandemic hitting the UK, the standard timescale to process a probate application was 10 working days. However, as a direct result of the application process switching from paper to online forms, as well as the pandemic forcing Probate Registrars to work from home, significant delays ensued.

While the world has since returned to normal, wait times for Grant of Probate applications to be processed have stretched to a minimum of four months.

The new application process being introduced in early 2020 combined with the Covid-19 pandemic changing the way in which we work, has resulted in a backlog that unfortunately still remains to this day. There was already an underlying delay due to the application process being changed, and the pandemic unfortunately exacerbated this significantly. 

Due to such roadblocks being put in place, clients are now being forced to wait months for Grant of Probate applications to be processed. This not only causes issues for solicitors in terms of managing expectations, but also their clients. With probate being required in order to deal with the sale of a property, money or possessions of a person that has died, not only can this be an extremely difficult and sensitive time for beneficiaries but it can potentially land them in hot water by placing them under significant financial strain – especially if they are relying on assets being sold for issues such as repayment of debts of the deceased, whether that be outstanding mortgages or credit card payments.

Whilst applying for Probate is a process individuals can undertake themselves, it is one which can be complex often resulting in families facing unnecessary delays or inheritance tax bills which, with the help of professional advice, could be avoided.

With the timescale already being overly elongated it is vital that people seek out expert advice when applying for Probate, as, if there is an error in the application process, then Probate applicants will run the risk of being pushed to the back of the queue and having to start from square one.

The recent inquiry by the Justice Committee is welcome news as the wait time for Probate has become wholly unsustainable and action needs to be taken in order to mitigate these growing timescales.

The death of a loved one is invariably a time of grief and vulnerability for those who are left behind. Our highly experienced private client team understands these difficulties and are here to help.

Please contact us for further information, we have offices in Coventry, Warwick, Balsall Common & Southam & cover the whole area and beyond.

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Whilst applying for Probate is a process individuals can undertake themselves, it is one which can be complex often resulting in families facing unnecessary delays or inheritance tax bills which, with the help of professional advice, could be avoided.

Applying for a Grant of Probate may not be as straightforward as would first appear, and we would urge people to seek advice so they are not unnecessarily exposed.

There are a number of rules which need to be followed in order to ensure the process runs as smoothly as possible. For example, sometimes  when applying for a Grant of Probate a tax declaration needs to first be submitted to HMRC detailing all financial assets – a complicated task in itself as it requires all bank accounts, shares, pensions, property, assets to all be collated in advance of the declaration being submitted.

In certain circumstances the application for the Grant of Probate cannot  be submitted for 20 days from the date the Inheritance Tax papers are submitted to HMRC. However, given there is currently a four month wait in Probate being granted there is no room for error because if there are any clerical errors in the application, the form will be returned for correction and will fall to the back of the queue when resubmitted.  This is particularly critical if a property or bank accounts are in the sole name of the deceased and his/her beneficiaries are reliant on funds being released through the liquidation of accounts or a property sale in order to meet any liabilities. 

All too often individuals get into difficulties due to not being aware, for example, of how to best use the deceased’s nil rate band for inheritance tax purposes or simply make clerical errors on the application form resulting in significant repercussions.

And with over 40% of estates now being liable for inheritance tax more and more families are finding themselves in a difficult situation.

Our compassionate and highly experienced Private Client Team are regularly called upon to assist with all matters arising in the administration of an estate, however this is frequently once an application has already been submitted and issues have occurred.   

Flexible in our approach, we are willing to either advise our clients on an hourly basis to set them on the right track, obtain a Grant of Representation on their behalf or provide a comprehensive administration of estate service to ensure that everything is dealt with in a timely and effective manner.

Contact our friendly team or help or advice. We have offices in Coventry, Warwick, Balsall Common and Southam.

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