Wills and Probate Solicitor Advice for Estate Planning

Having to think about what happens to your assets after you’re gone is not always easy, but it is one of the most important things you can do for the people you love. Estate planning, built around a clear, legally valid will, gives you control over who inherits your property, savings and possessions, and helps your family avoid unnecessary stress and expense at an already difficult time.

Whether you're writing a will for the first time or supporting a family member through probate, understanding the process makes it far less daunting. Below, we've set out practical guidance on wills and probate in England, drawing on our experience as wills and probate solicitors working with families across Hoddesdon, Hertford and Enfield.

Why Does Estate Planning Matter?

Estate planning is about far more than deciding who receives your possessions. It ensures your wishes are legally recognised, reduces the likelihood of disputes between family members, and can help minimise the Inheritance Tax payable on your estate. Without a clear plan, decisions about your estate, and potentially the care of your children, could be left to the rules of intestacy rather than your own choices.

A well-drafted will also names your executors, the people trusted to carry out your wishes and apply for probate if needed, giving your loved ones clarity at a time when they need it most.

In short, a proper estate planning protects your family, your assets and your intentions, all at once.

How Do I Create a Valid Will in England?

Writing a will doesn't need to be complicated, but it must meet certain legal requirements to be valid under the Wills Act 1837. In practical terms, the process usually involves:

1. Taking stock of your assets and liabilities. List your property, savings, investments, pensions and debts, so you have a clear picture of your estate.

2. Deciding who inherits what. Consider family, friends and any charities you'd like to support, and think about specific gifts versus a share of the residual estate.

3. Choosing your executors - the people (or a professional such as a solicitor) responsible for administering your estate and applying for probate.

4. Appointing guardians, if relevant, for any children under 18.

5. Signing and witnessing the will correctly. It must be in writing, signed by you in the presence of two independent witnesses, who must then also sign it. Getting this step wrong is one of the most common reasons a will is later challenged.

Because small errors in drafting or witnessing can affect validity, many people choose to work with a solicitor rather than a DIY template.

In short, a valid will requires careful planning, clear instructions, and correct signing and witnessing.

What Does a Probate Solicitor Do?

A probate solicitor supports executors and administrators through the legal and financial process of dealing with an estate. This typically includes:

• Confirming whether probate is required, based on the assets involved

• Valuing the estate and preparing Inheritance Tax forms for HMRC

• Applying to the Probate Registry for a Grant of Probate or Letters of Administration

• Collecting in assets, settling debts, and distributing the estate to beneficiaries

• Advising on disputes, claims against the estate, or complex tax issues

Executors are personally responsible for getting this right, and mistakes can carry real consequences. Working with experienced probate solicitors takes the pressure off while you're coping with the loss of a loved one.

In short, a probate solicitor manages the legal and administrative burden of estate administration on your behalf.

How Does the Probate Process Work After Someone Dies?

Once someone has passed away, many assets generally cannot be accessed or distributed until probate has been dealt with. The process usually follows this pattern:

1. Register the death and obtain the official death certificate.

2. Locate the will, if one exists, and identify the named executors.

3. Value the estate and establish whether Inheritance Tax is due.

4. Apply for the Grant of Probate (with a valid will) or Letters of Administration (without one), via HM Courts and Tribunals Service.

5. Collect in the assets, settle any debts, and pay any Inheritance Tax owed.

6. Distribute the estate to beneficiaries under the will, or the intestacy rules if there isn't one.

Timescales vary considerably. A straightforward case may be resolved within several months, while estates involving property sales, Inheritance Tax or disputes can take considerably longer. Our probate costs and complaints information sets out what to expect in terms of fees and timescales.

In short, probate follows a set legal sequence, from registering the death through to final distribution of the estate.

What Happens If Someone Dies Without a Will in England?

If someone dies without a valid will, they're said to have died "intestate." The law, rather than personal wishes, decides how the estate is divided, following a fixed order of priority starting with a spouse or civil partner and children. Unmarried partners and stepchildren have no automatic right to inherit, however long a relationship may have lasted.

Dying without a will can also mean the process takes longer, since a close relative must apply for Letters of Administration before the estate can be dealt with. This is one of the clearest reasons to put a will in place, however straightforward your estate may seem.

In short, without a will, your estate is distributed according to fixed legal rules, not your personal wishes.

How Our Wills, Trust and Probate Solicitors Can Help

For more than 180 years, we've supported Hertfordshire families with clear, compassionate advice on wills, trusts and probate. Our services include:

• Making a will – ensuring your wishes are legally protected and clearly documented

• Contesting a will – supporting clients through disputes involving inheritance or validity

• Probate and estate administration – managing assets, liabilities and legal processes on your behalf

• Lasting Powers of Attorney – appointing trusted individuals to make decisions on your behalf, should you ever be unable to

• Deputyship Orders – support when someone lacks capacity and no power of attorney is in place

Every client receives a personalised service, whether you're planning or dealing with the loss of a loved one. Our wills and probate solicitors are based in Hoddesdon, Hertford and Enfield, and we offer free initial consultations to help you understand your options.

Get Advice From Our Wills and Probate Team

If you'd like guidance on writing or updating a will, or support with administering an estate, our friendly team is here to help. Get in touch today to arrange a consultation with our Hoddesdon, Hertford or Enfield office, or find out more about our wider experience as local solicitors trusted for generations.

Sources and Further Reading

• GOV.UK: Make a will 

• GOV.UK: Applying for probate

• GOV.UK: If there's no will (intestacy rules)

• GOV.UK: Inheritance Tax

• Progeny Group: The Complete Guide to Estate Planning

• Shakespeare Martineau: For Life – Wills, Trusts, Estates & Estate Planning