Will Solicitors Manchester, Preston, Leeds

Q: Do I need a Solicitor when making a Will?

Making a Will may not be as straightforward as it might seems. Once you have decided to make a Will, it is vital that it is done properly. Trying to make your own Will without legal assistance can lead to mistakes or lack of clarity and could mean that your Will is invalid. If you have a number of beneficiaries, your family situation is complex or your finances are complicated, it is even more important that you get a professionally trained specialist solicitor to prepare your Will. Our team of highly skilled Wills, Probate, Tax and Trust solicitors understand that dealing with the repercussions of a Will can be a stressful time for all involved. We are dedicated to ensuring that the process is as smooth as possible.

Q: What happens if I do not make a Will?

The law sets out rules if you die without a Will . For example, if the deceased is survived by a spouse/civil partner and children, the surviving spouse/civil partner will receive all the personal chattels and a legacy of £250,000. The balance is divided as to half to the surviving spouse/civil partner and the remaining half to the children. If you are not married, your partner will not inherit from your estate. We would strongly advise that a Will is made, allowing you to provide for your intended beneficiaries and to protect your family and loved ones.

Category	The Challenge	The Forbes Solution & Outcome
Agricultural & Business Tax	A high-value rural estate with farmland and diversified interests lacked named executors and faced a substantial tax bill.	We secured Agricultural Property Relief (APR) and Business Property Relief (BPR) by reviewing land use, saving significant tax and resolving complex succession issues.
HMRC Negotiations	A caravan park business estate faced complications from family trusts and lifetime gifts during an Inheritance Tax (IHT) audit.	Our team led direct negotiations with HMRC, successfully claiming BPR and saving the client approximately £200,000 in tax.
High-Net-Worth Planning	A business-owning family needed to pass wealth to the next generation while maintaining corporate continuity and protecting assets.	We reorganised the corporate setup to utilise minority discounts and drafted bespoke Wills to maximise BPR/APR allowances and pension tax-efficiency.
Intestacy & Sensitive Probate	A young mother passed away without a Will, leaving children whose biological fathers were unsuitable to act as administrators.	We successfully petitioned the court for an alternative administrator, protecting the children’s interests and the proceeds of a medical negligence claim.
Insolvent & Contentious Estates	An estate initially thought to be high-value was revealed as insolvent, coupled with family disputes and unauthorised asset removal.	We obtained a Limited Grant of Representation to secure assets and applied for an Insolvent Estate Administration Order to manage the bankruptcy process legally.
Corporate Rectification	A sole director died with outdated Articles of Association, leaving the company "locked" and unable to appoint a new director.	We launched a Part 8 claim under Section 125 of the Companies Act to rectify the articles, allowing the personal representatives to resume business operations.

We found Forbes Solicitors to be very approachable, professional and efficient in obtaining grant of probate in relation to a deceased relative and providing timely advice to us as executors. We would strongly recommend their services.

Anonymous

Elizabeth Whitaker is fantastic - incredibly practical and understanding, makes suggestions in a very sensitive and emotional charged area of law in a kind and considered way.

Legal 500

Rebecca Rushworth dealt with our matter she was very, very, helpful and took time to explain all the details to us and was quick to respond to my emails when I had questions about the process. I felt very confident in her abilities, and she was an absolute pleasure to deal with.

Legal 500

I used Forbes to deal with my late Fathers estate and sell his property. They provided an excellent service guiding me through the process "in plain English" and always answered queries I had quickly and clearly.

Paul

We used Forbes Solicitors to get our wills and LPAs done. The service was friendly, professional and efficient couldn't have been better.

Paul

We don’t usually post public reviews. However, we would like to take this opportunity to say how we found you and your Forbes Team very efficient and well-organised.
We were impressed that all the paperwork was ready on the day and in the time frame discussed.
We had clear advice and explanations and you are very professional and approachable.
We would recommend you to others.

Anonymous

We want to say a huge thank you to Ashley Marshall for all the work he has done in preparing our complicated Wills, and especially for his patience with us. We had an initial idea of what we wanted to achieve and Ashley's advice and knowledge helped us to realise those achievements - and more.

We are very happy with the outcome!

Dee

I have been very impressed with your professionalism and presence.
I would certainly recommend you to others.
You have been a pleasure to work with.

John

A great team both in respect of contentious and non-contentious probate work. They are affordable and approachable.

Legal 500

Ashley not only brings expertise but a fun personality to what can be a dry subject area despite its importance. Ashley returns all emails and phone calls promptly and does what he says which unfortunately is almost non existent in the professional services sector these days. I have referred him to many of my own clients which is testament to my view of him and his service.

Anonymous

I have just renewed my will with Ashley having dealt with him at his previous firm a few years ago. He's very knowledgeable and offers advice that you otherwise wouldn't have considered. A very pleasant, down to earth person to deal with. If I renew again, then I won't hesitate to use Ashley again

Anonymous

My wife and I wanted to get our Wills and LPA’s sorted and in place. We had used Ashley before so going back was a no brainer. Handled very professionally walking us through all the details to make it understandable. Great job.

Anonymous

I’d like to thank Ashley for his help in the handling of my dad’s estate. He had such a friendly demeanour and was extremely knowledgeable and patient when we asked questions. He made our family feel at ease during such a challenging time and helped us to understand things that we never would have known about without his advice and support.

Anonymous

Ashley was recommended to us and we weren't disappointed. He helped us draw up our mirror wills and explained all about estate planning to us. We were very happy with his service and found him to be approachable, helpful, knowledgeable and reliable. The whole process was stress free and we would happily recommend him to others.

Anonymous

Ashley was an absolute pleasure to deal with and guide us through my parent's affairs. He was so aware of this being an emotional time for us all and dealt with us in a such a sensitive way. He was also brilliant at explaining quite complex matters in a way that we all understood and had plenty of patience with us all if we needed further explanations. Ashley really is a credit to your firm and I would not hesitate in recommending him to family and friends.

Anonymous

We recently needed to use Forbes and was advised to use Ashley Marshall. We couldn't have asked for a better service. He was warm, welcoming and put us at complete ease. His communication skills are excellent and he listened to exactly what we wanted and was able to arrange it. I have no hesitation in recommending his service and will definitely use him in the future if needed.

Anonymous

Wills, Probate, Tax and Trusts FAQs

Why do I need to make a Will?

We spend our lives working to provide for ourselves and our loved ones. You may have a house or flat, shares, savings, investments as well as your own personal possessions. All of these assets are your 'estate'. Making a Will ensures that when you die your estate is shared according to your wishes and your loved ones are protected.

Everyone should have a Will but it is even more important if you have children, you own property or have savings, investments, insurance policies or you own a business.

Do I need a Solicitor when making a Will?

Making a Will may not be as straightforward as it might seems. Once you have decided to make a Will, it is vital that it is done properly. Trying to make your own Will without legal assistance can lead to mistakes or lack of clarity and could mean that your Will is invalid. If you have a number of beneficiaries, your family situation is complex or your finances are complicated, it is even more important that you get a professionally trained specialist solicitor to prepare your Will.

Our team of highly skilled Wills, Probate, Tax and Trust solicitors understand that dealing with the repercussions of a Will can be a stressful time for all involved. We are dedicated to ensuring that the process is as smooth as possible.

Things to consider when making a Will?

Firstly, you should list what you have in your estate, then you can decide who you would like to leave it to (your beneficiaries) and in what shares. You also need to think about:

Who will look after your children, if you have any (Guardians)

Who should carry out the wishes contained in your Will (your Executors)

What happens if any of your beneficiaries die before you

Any other wishes you may have, for example, whether you want to be buried or cremated

What happens if I do not make a Will?

The law sets out rules if you die without a Will. For example, if the deceased is survived by a spouse/civil partner and children, the surviving spouse/civil partner will receive all the personal chattels and a legacy of £250,000. The balance is divided as to half to the surviving spouse/civil partner and the remaining half to the children.

If you are not married, your partner will not inherit from your estate.

We would strongly advise that a Will is made, allowing you to provide for your intended beneficiaries and to protect your family and loved ones.

What happens if I die without a Will?

Your estate is distributed according to the Rules of Intestacy. This often means unmarried partners receive nothing, and you lose the ability to choose who will act as guardians for your minor children.

How often should I update my Will?

Once you have written your Will it is a good idea to review it every 3-5 years to ensure it reflects your wishes. You should also review your Will after major life changes such as:

Getting married or entering a civil partnership - a Will is automatically cancelled by these events

Getting divorced

The birth of children or other relatives you wish to benefit, for example, grandchildren or nieces and nephews

A significant shift in your financial situation.

Can you contest a Will?

In the unfortunate instance that you are not happy with the circumstances of a Will, you may be able to contest it. If you feel as though you have not received the outcome you were expecting or if you have relied upon receiving inheritance from a family member, you can raise a dispute with one of our specialist Contentious Wills, Trusts and Probate solicitors.

Can I make gifts during my lifetime to save paying inheritance tax (IHT)?

You can reduce the value of your estate for IHT purposes by making gifts during your lifetime. If you have surplus income or capital, you can give cash or assets away to your beneficiaries. There are various exemptions and reliefs available, for example:

Gifts to spouse/civil partner - all such gifts are free of IHT
Annual exemption of £3,000 - everyone can make gifts of up to £3,000 every year. Any unused portion can be carried forward for one year
Small gifts of up to £250 - gifts of up to £250 to any one person (cannot be used in conjunction with the £3,000)
Wedding gifts - each parent can give £5,000, grandparents £2,500 and others £1,000 to a couple who are marrying
Gifts out of income - if you regularly have surplus annual income, you can establish a pattern of regular gifting out of that surplus. The gifts must be genuinely out of surplus income and must not leave you having to resort to your capital to maintain your usual lifestyle.
Gifts to charity/Other gifts to individuals - can be of any amount and providing you survive 7 years, no IHT will be payable

It is important to remember that for IHT purposes, you must not retain any benefit from something you have given away. If you do retain any benefit, you will be treated as if you had not made the gift and the value of what you have given away will be included in the valuation of your estate when you die.

You should also be conscious of the tax implications for costly gifts. If you have given away assets with a value of more than the nil rate band of £325,000 and you die within 7 years, the Executor or Administrator of your estate may be required to pay IHT.

Before you begin to gift your estate, it is important to speak to a professional regarding what is covered by exemptions. Our Wills, Probate, Tax and Trusts legal team will ensure you are not caught out by any unknown regulations.

How much can I leave when I die without having to pay Inheritance Tax (IHT)?

The IHT limit known as the nil rate band is currently £325,000. If the total value of all your assets including your house is more than the nil rate band, your estate may attract a 40% IHT charge.

Your estate may qualify for a lower rate of 36% if more than 10% of a component of your net estate is left to charity.

If you are married you may wish to leave your whole estate to your surviving partner, making use of the spouse exemption, with no IHT to pay. On the second death the unused nil rate band can be transferred to your surviving spouse/civil partner - the estate may now benefit from two nil rate bands, up to £650,000.

In addition to the standard nil rate band (currently £325,000) there is a residence nil rate band (currently £125,000, £150,000 from 6 April 2019) available when residential property is left to direct descendants. There are various conditions attached to the residence nil rate band and certain criteria need to be met so it may not be available in full or in every situation.

If you own any agricultural property or a business/shares in a business operating as a trading company (i.e. one which does not hold assets for investment), you may be able to claim relief from paying IHT, which can apply to a lifetime gift or be part of your Will. You should seek advice on your individual situation as in each case certain criteria must be met and the rules are quite complex

Can I reduce the amount of Inheritance Tax my family pays?

Yes, through the strategic use of Trusts, lifetime gifting, and maximizing available HMRC reliefs. Professional advice is vital to remain compliant while protecting your wealth.

What is the difference between an Executor and a Trustee?

An Executor handles the short-term administration of your estate immediately after death. A Trustee has a long-term duty to manage assets held within a Trust for beneficiaries over many years.

I am an Executor for someone who has just died, what do I do?

As Executor, you are responsible for dealing with the deceased's estate in accordance with the Will. In most cases you will need to apply to the court for a Grant of Probate. This document proves that you are authorised to deal with the estate. We can handle all of the procedures relating to the administration of the estate and give you advice and support at each stage in carrying out your duties.

When is a Grant of Probate required?

The term Probate refers to the legal process of dealing with a person's estate after they have passed away. If the deceased left a Will, the executors may need to apply for a Grant of Probate before any estate administration can proceed. If there is no Will, Personal Representatives must apply for a Grant of Letters of Administration.

The question of when a Grant is required heavily relies upon on the deceased's assets and the value of their estate. For example if the deceased owned a property in their sole name, a Grant is most definitely required. We are able to advise as to whether or not you would need to apply for a Grant once we know the assets of the estate.

Dealing with the estate of a deceased person can be a difficult task, which is why our team are on hand to help. We are able to take care of matters in relation to the administration of the estate as well as any disputed matters that may have arisen.