Wills, Probate & Trusts

Terry Jones Solicitors deal with preparation of Wills, Enduring Powers of Attorney, administration of estates and estate preservation.

We recommend to all our clients of whatever age or status that they should make a Will. It is reputed that only 1 in 3 of the population has made a Will which means that when two thirds of the population dies, next of kin will have to be located and will be responsible for the administration of the estate. This does not automatically result in the husband or wife of the deceased party inheriting the whole estate. There are restrictions laid down under the rules of Intestacy.

Our Service To You:

• We advise all our clients on Powers of Attorney, in case of hospitalisation or mental incapacity, at the same time as drawing up a Will.


• See our clients and take instructions face to face, making sure those they wish to inherit ultimately receive the benefit to which they are entitled.


• Assist in the administration of estates, including computation of Inheritance Tax and in circumstances when the situation appears appropriate, varying the original Will by means of Deed of Variation.


• Provide assistance to clients who not only wish to prepare Wills, but who also wish to preserve their estates and to minimise their Inheritance Tax risk.


• Liaise with your accountants and financial advisors (if appropriate) on all issues relating to estate preservation.

To request more information or have a Wills & Probate adviser contact you, ring our specialists who will be happy to see you to discuss your requirements in greater detail.

Useful Information:

What Happens If I Die without Having Made A Will?

If you have not made a Will, then you are deemed to have died ”intestate” and under the rules of intestacy the whole of your estate would not necessarily pass to your spouse and/or children on death. The rules are somewhat old-fashioned in this regard and, although recently amended to recognise same sex couples, they provide little security for couples who are not married. If, therefore, you are living with a partner and you die without having made a Will, then, under the rules of intestacy, your partner would not benefit.

Is It Costly To Draw Up A Will?

Once we know all the relevant facts, we always try to provide an estimate of our cost in advance of the preparation of the Will.

Is There An Ideal Time When A Will Should Be Drawn Up?

We recommend that anybody who owns property, or who is married, or who has children, or who is in employment should draw up a Will irrespective of age. A Will can be used not only to ensure that your wealth and assets pass to the people you want them to, but also can be used to try and reduce any potential tax liability on death.

Is It Advisable That Your Spouse Or Partner Also Draws Up A Will?

This is most important, because if one party dies without having made a Will, the surviving spouse or partner would not necessarily inherit the deceased’s estate. Indeed, if you are not married but you have a partner, it is most important that you both have Wills prepared.

If I Am A Partner In A Business Or Have A Share Holding In A Company, Can These Be Transferred Under A Will?

The answer is simply “yes”. There are obviously Inheritance Tax issues that apply on the transfer of a business on death. However, subject to the Articles of Memorandum of Association of your Company or any Partnership Agreement that you may have prepared, it is possible for you to transfer your business assets on death. Again, this is certainly an issue that should be discussed with your Accountant and/or Financial Advisor.

Do I Have To Engage A Solicitor To Draw Up A Will?

The answer to this is “no”, but do remember there are specific procedures necessary to ensure that the Will is executed properly. We can also relate to many stories where a Will has been drawn up without the assistance of a Solicitor and problems have arisen due to some ambiguous wording or the omission of certain clauses, or even a failure to sign the Will properly.

Once I Have Made My Will Can I Ever Change It?

A Will can be changed at any time. Minor alterations can be dealt with by way of a Codicil which is effectively a small appendix to the Will, or the Will can be re-drawn if your circumstances have changed and you want major alterations to be made to the original Will. In any event, we will recommend that you review your Will at regular intervals, possibly every five years or as your circumstances change.

Will There Be Any Tax Payable In The Event That I Die?

This depends partly on the value of your estate at the date of your death; partly on any lifetime measures that you have taken (after receiving legal and financial advice) and partly on how your Will is drafted. At the moment, gifts between spouses are exempt from Inheritance Tax, there is also a personal tax allowance available up to the tax threshold which changes annually. If you die and gift the whole of your estate to your spouse, there will be no tax payable.

Should I Discuss My Will With Anybody Either Before Drawing It Up Or After I Have Signed It?

If you are going to appoint guardians to look after your young children on your death, then obviously it is advisable to discuss this issue with the people you propose to appoint as guardians.

What Should We Do Next?

The first thing we would recommend that you do is to make a list of all your assets and liabilities.
Secondly, we would suggest that you write on a sheet of paper the full names and addresses of everybody who is likely to be mentioned in your Will, whether as guardian, beneficiary, executor etc.

Probate Disputes

We have a Litigation Department who deal with all areas of probate disputes. If, for example, you are a child of a deceased person, or have been maintained by a deceased person and have not received any benefit in the deceased person’s Will, you may have a claim against the estate. Alternatively, if you believe that the deceased’s Will is defective for any reason, you could challenge the validity of the Will. Please contact our Litigation Department if you feel you have a claim against a deceased person’s estate.

Do not hesitate to contact us to find out more about our services.