A solicitor can help you write a will that is legally valid and which makes your wishes clear when you die. Your solicitor can help you to:

• Create a tax efficient will
• Make sure your family and or dependents are provided for
• Use trusts to protect your wealth
• Minimise your inheritance tax bill.

Yes, it is possible to write your own will (sometimes called a ‘DIY will’) however it is not advisable that you do so. Wills are complex legal documents, and in order for a will to be considered valid after you die, it must comply with strict rules.

Common reasons to challenge or contest a will include:

• The will isn’t legally correct
• lack of testamentary capacity (of the person who made the will)
• lack of financial provision for dependants
• undue influence 
• forgery or fraud.

People who may be able to claim against an estate under the Inheritance Act 1975 include:

• wife, husband or civil partner of the deceased
• former wife, husband or civil partner of the deceased
• unmarried cohabiting partner of the deceased 
• biological children or grandchildren of the deceased
• anyone who was financially dependent on the deceased.

You might have grounds to object to the registration of a Lasting Power of Attorney (LPA) if: 

• you can prove the LPA isn’t legally valid
• the person who made the LPA (the ‘donor’) didn’t have mental capacity
• there was forgery or fraud in creation of the LPA
• the attorney is bankrupt
• the attorney isn’t acting in the donor’s best interests.

You may be able to challenge a lifetime gift that someone made before they died by proving:

• undue influence
• lack of mental capacity
• fraud or forgery.

Lifetime gifts are assets you give away before you die. Examples of lifetime gifts include:

• money
• investments
• artwork
• cars
• jewellery
• shares in a business 
• payments to a life assurance policy that is not for your benefit or does not pay out to your estate 

If you survive the gift by seven years or more, then it is not normally subject to inheritance tax when you die. It is important that you do not retain any benefit of the gift, or inheritance tax will be due. Gifts that you make within seven years of your death may be subject to inheritance tax.  Transfers into Trusts are also subject to the seven year rule, however the inheritance tax position is more complex and legal advice should be obtained. 

How can I make an Inheritance Act 1975 claim?

You might be able to make a claim through the Inheritance Act 1975 if:

• you were left out of the will
• you were included in the will, but it didn’t make sufficient provision for you
• you have not inherited due to intestacy rules.

If you are the spouse or civil partner, you are entitled to such financial provision as is reasonable in all circumstances. For anyone else wanting to bring a claim, it is a case of such reasonable financial provision as is necessary for their maintenance, and within the constraints of what the estate can provide.  What constitutes ‘reasonable’ provision is very much dependent on the facts and circumstances in question. It would therefore be sensible to obtain legal advice first if you are thinking of bringing a claim. 

A probate caveat is a means to stop a probate application, for example if there is a dispute about the will or the persons applying for probate.  In order to enter a caveat, it is necessary to make an application to the Probate Registry.

It’s a new guarantee on death in service benefit, which the Government has recently announced, for frontline health and care staff, during the Coronavirus pandemic.  Families of eligible health and care workers on the frontline in England, who die from coronavirus in the course of their frontline essential work, will receive a £60k payment.