Wills & Probate

Talented Wills & Probate Solicitors in Birmingham

Our Will & Probate Services

At ESN we have been trusted to help people and their loved ones to handle their estates for nearly 50 years, with some of the most experienced solicitors in the region.

We aim to make wills and estate administration simple to understand, and will give you guidance and support throughout the process, with clear and reasonable pricing. Whether you are looking to write a will, set up a trust, make a lasting power of attorney or deal with probate, our specialist team are here to help.

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Probate

Probate is the legal and financial processes by which your assets are dealt with after your death. Probate is the process by which a person’s will is validated and determines who has authority to administer the estate. A grant of probate is document that confers authority on a person or organisation to be able to access financial documents, agreements and bank accounts etc in order to be able to sell or transfer assets and settle debts on behalf of the estate.

Probate has a number of stages including :

Identifying assets and liabilities
Dealing with Inheritance tax
Settling Liabilities
Providing Estate Accounts
Transferring assets to beneficiaries

As you can see - it is complicated and can be fraught with challenges and loopholes – so use the most experienced and able probate lawyers in Birmingham – Book your 15 minute consultation.

Wills

Making a Will ensures that your last wishes are honoured and secures a future for your family and loved ones. It ensures that there are no disputes between family members about who should get what and protects your estate from being subject to increased Inheritance Tax. We can guide you on such legal implications and the use of Will Trusts to retain flexibility and protect your assets.

It is important that you seek specialist legal advice when considering writing a Will to ensure that your assets pass onto those who you intend to benefit after your death. Without one, intestacy rules dictate who will inherit what, so your spouse/civil partner, relatives, friends, or charities, may get nothing.

ESN submit your Will on Certainty – the national Wills register, endorsed by the Law Society, for which you receive an official certificate of confirmation.

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"Mr and Mrs Allen were married for 45 years until Mr Allen passed away 10 years ago. Sadly Mrs Allen died in early 2022 and her daughter Mary came in to see us for advice about her Mother’s Estate. Mary was concerned because she had been told that there would be a large Inheritance Tax bill and the government would take 40% of the Estate. Mr and Mrs Allen had both prepared Wills. In their Wills they had left the whole Estate to the survivor on the first death and on the second death to Mary, their only child. The Estate included a house valued at £400,000.00 and saving of about £20,000.00 We were able to reassure Mary that a married couple with property and savings which they were leaving to direct descendants (i.e children, grandchildren) have a joint Inheritance Tax allowance of £1,000,000.00. Inheritance Tax would only be due if Mr and Mrs Allen were worth more than £1,000,000.00. If they were the rate of Inheritance Tax would be 40% but only on the amount above £1,000,000.00 and not the entire amount. Mary went away relieved and happy there was no Inheritance Tax to pay. For specialist Inheritance Tax advice please contact our friendly and professional Private Client team who can advise you further."

Davinder

MashIt
"Mr and Mrs Walker had prepared home-made wills. The Wills left the estate to the survivor of them on the first death but made no provision for where their Estate would go when the second of them died. Unfortunately, they both became ill at the same time and sadly were unable to update their Wills due to lack of mental capacity. Mrs Walker died first and in accordance with her Will, her Estate passed to Mr Walker. Mr Walker died a few months later. As Mr Walker had not been able to update his will his Estate needed to be dealt with in accordance with the intestacy rules (this sets out the order of relatives entitled to an Estate) Mr Walker had no children, living parents or siblings. As such Mr Walker’s Estate was eventually shared between distant cousins two of whom he had not seen for over 30 years. Sadly, Mrs Walker’s family did not receive anything at all. Both Mr and Mrs Walker were close to Mrs Walker’s sister who they saw almost everyday and had they been able to update their Wills they would have included her as a beneficiary to the Estate. Please do not hesitate to contact our friendly and professional Private Client Team who will be able to advise you regarding the importance of making a Will, reviewing a Will and updating if necessary and on the rules on intestacy if there is no Will."

Eleanor and Samuel