Whether you are planning for the future or dealing with the estate of someone who has died, clear legal advice can help you understand your options and make informed decisions. At Clough & Willis, our experienced wills and probate solicitors can give you expert advice on all of these matters and more.
Our team advises on wills, probate and estate administration, trusts, Inheritance Tax planning, lifetime gifts and lasting powers of attorney. From our offices in Bury and Bolton, our private client team supports individuals and families across Greater Manchester and throughout England and Wales.
We provide practical advice in clear language, taking the time to understand your circumstances and what you want to achieve. If you are dealing with a bereavement, we will guide you through the legal process sensitively and at a pace that feels manageable.
To discuss any aspect of wills, trusts and probate law with our expert team, contact Clough & Willis today by calling 0800 083 0815, or fill in our to request a call back at a time that suits you.
Our services
Wills, Trusts & Probate
Our Wills, Trusts and Probate Services
At Clough & Willis, our private client team provides a comprehensive range of wills, trusts and probate services to help you plan for the future, protect your interests and deal with the estate of someone who has died. Explore our services below to see where we can support you.
Will writing and updating your will
A legally valid will allows you to record who should receive your estate, appoint the people responsible for carrying out your final wishes and make appropriate arrangements for those who depend on you.
Our will solicitors can help you choose executors and beneficiaries, appoint guardians for children, record specific gifts and consider provision for unmarried partners, dependants or vulnerable beneficiaries. We can also advise on business interests, digital assets, overseas property and the tax consequences of your wishes.
We can prepare straightforward wills and advise on more complex cases involving trusts, business succession, overseas assets or high-value estates. We can also review a Will that has been prepared previously to ensure it meets your intentions. We would encourage everyone to review their Will every five years, and especially following marriage, civil partnership, divorce, a birth or death in the family, or any significant changes in your finances.
Probate and estate administration
Knowing what to do after someone dies can feel overwhelming. If you are an executor or personal representative, you will be responsible for the administration of the deceased’s estate. This will include tasks such as identifying the assets and liabilities, establishing whether any inheritance tax is payable, applying for the Grant of Probate/Letters of Administration, settling debts and distributing the estate.
Our probate solicitors can establish whether a grant is needed, review the original will, value the assets and liabilities, complete the Inheritance Tax paperwork and apply to the Probate Registry. We can also collect the assets, settle liabilities, prepare estate accounts and distribute the estate, including where there is no valid will.
Probate administration can be time consuming, particularly where the estate includes a property, a business, trusts, overseas assets or complex tax matters. We can provide practical guidance on individual probate matters, obtain the grant on your behalf or manage the entire estate administration in an efficient manner. You can also find out more about our bereavement service which provides guidance on all the practical areas you need to consider when a loved one dies.
Trusts and estate planning
Trusts can be used for several purposes, including protecting and managing assets, providing for children or vulnerable beneficiaries and supporting succession planning. They can also form part of wider Inheritance Tax planning, but their suitability will depend on your assets, family circumstances and long-term intentions.
Our private client solicitors can create and administer trusts, advise trustees and plan for children, vulnerable beneficiaries or future generations. Advice can also cover lifetime gifts, Inheritance Tax allowances, business succession, high-value estates and assets held overseas.
Tax and trust arrangements can have long-term consequences. We will give you pragmatic advice on the available options without recommending unnecessary complexity.
Find out more about our trust services, gift of property advice and fixed-fee estate planning package.
Lasting powers of attorney (LPAs)
A lasting power of attorney allows you to appoint people you trust to make decisions if you cannot make those decisions yourself. An LPA must be created while you have the required mental capacity.
There are two types:
- A property and financial affairs LPA, covering matters such as bank accounts, bills, investments and property.
- A health and welfare LPA, covering decisions about care, treatment and where you live.
We can explain the authority each document bestows, help you choose suitable attorneys, prepare the paperwork and register the LPA with the Office of the Public Guardian. If a family member has already lost capacity, we can advise on whether an application to the Court of Protection for a deputyship order may be required.
Find out more about our power of attorney services.
Contentious probate and inheritance disputes
Disputes may concern the validity of a will, mental capacity, undue influence, proprietary estoppel, trusts, an executor’s conduct or financial provision for a family member or dependant. Our contentious probate team can explain the options and seek a practical resolution.
Find out more about our contentious probate services.
When Should You Speak to a Wills and Probate Solicitor?
We would encourage everyone to make a Will, regardless of your financial circumstances. A misconception is that people only need a Will when they have “lots of money” and this is not the case. There is a multitude of circumstances where a Will is relevant (and important) even when you are not in an affluent position. This includes getting married or re-married, having children or pets, or even having a business.
Advice can also be important if you become an executor or trustee, a family member dies without a valid will, or you have concerns about how a will, trust or estate is being handled.
Download Our Will Writing Checklist
If you’ve never written a will before, it can be difficult to know where to start. What should be written in a will? What are the most important things to put in a will, and how should you choose your beneficiaries and executors? What laws do you need to be aware of, and when should you speak to a solicitor?
To guide you through this complex process, we have put together a Wills Checklist, providing an at-a-glance guide to everything you need to consider before making a will. By running through this simple and easy-to-understand checklist, you can ensure that your will is legally comprehensive, providing you and your family with the protection you deserve.
To get started, simply save or download the document, or print out the plain text version if you’d prefer to have a physical copy to hand.
Why Choose Clough & Willis?
Clough & Willis has served individuals, families and businesses since 1948. From our offices in Bury and Little Lever, Bolton, we provide clear, practical advice without unnecessary legal jargon to clients across Greater Manchester and elsewhere in England and Wales.
Our experienced team knows that wills, trusts and probate all involve important legal, financial and personal decisions. Our role is to apply the correct legal steps needed to move the matter forward.
Our wills and probate solicitors can:
- Prepare a new will or update an existing will so that it records your wishes clearly and is properly executed.
- Advise on executors, trustees, guardians and attorneys, and explain how changes in your family, relationships or assets may affect your plans.
- Help executors and personal representatives establish whether probate is required.
- Apply for the appropriate grant and deal with the full estate administration, including assets, liabilities, Inheritance Tax information and distributions.
- Advise on trusts, lifetime gifts, succession planning and Inheritance Tax planning.
- Prepare and register LPAs, or advise on deputyship when an LPA can no longer be made.
- Identify potential inheritance disputes and refer contentious probate matters to the appropriate specialist team.
We will provide advice on a specific issue or manage the whole process for you. At the outset, we will explain the work required, the likely timescale and how our charges will be calculated.
Our private client team consists of Nicola Finbow, Ryan Browne and Rafia Faruk all with extensive experience. Nicola is a specialist solicitor and member of the Society of Trust and Estate Practitioners (STEP), further underlining their expertise in this area of law.
Our solicitors will be on hand to provide you with assistance throughout the process, supported by our secretarial team. We do not operate using a call centre model, with all of our cases handled from start to finish by the same solicitor that you meet at the outset.
Our fee structure
There are no hidden costs involved in any of our services, with the majority being available on a fixed-fee basis. We will be able to confirm a full estimate of our costs at the initial meeting to provide you with full transparency before you agree to any commitment.
Professional charges for making a will
Our wills are charged on a fixed-fee basis according to a tiered structure. A basic will is charged at £220 plus VAT (at 20%).
We will be able to confirm the exact charges for the preparation of your new will once we have taken your full instructions. An initial consultation will be offered at our expense to discuss your requirements.
After your initial meeting with one of our solicitors, we will be able to advise you of the cost of your will and confirm this fee in writing after that.
Professional charges for lasting powers of attorney (LPAs)
Our charges for preparing a property & finances LPA or a health & welfare LPA are fixed at £450 plus VAT (at 20%).
If you would like us to prepare both the property & finances and health & welfare documents, our charge will be £675 plus VAT (at 20%).
LPAs cannot be used until they have been registered with the Office of the Public Guardian (OPG). The registration fee for each document is an additional £92, which is payable to the OPG and is in addition to our legal costs as set out above.
Probate and estate administration costs
The cost of probate services depends on the work required, the size and complexity of the estate, the number and type of assets, the Inheritance Tax position and whether you would like us to obtain the grant or handle the full administration.
We will discuss the available level of support and provide a clear estimate before work begins. You can also read our probate pricing information.
Frequently Asked Questions About Wills and Probate
Do I need a solicitor to make a will?
You are not legally required to use a solicitor, but errors in the drafting or execution of a will can create uncertainty, additional expense or inheritance disputes after your death. A will solicitor can make sure your wishes are recorded clearly, explain the legal and tax implications and supervise the signing process so that the will is properly executed.
When should I update my will?
We would encourage everyone to review their Will every five years. But you should certainly review your will following a significant change in your family, relationships, assets or wishes. Marriage or civil partnership will revoke an existing will unless the Will was made in contemplation of that marriage or partnership. Divorce does not revoke the whole will, but it affects provisions involving a former spouse or civil partner. Obtain advice about how a particular change affects your arrangements.
What happens if someone dies without a valid will?
Their estate will normally be distributed under the intestacy rules. These rules determine who can inherit and may not reflect the person’s wishes or the needs of everyone close to them. An administrator may need to apply for letters of administration before dealing with the estate.
What is the difference between probate and estate administration?
Probate commonly refers to obtaining the legal authority needed to deal with an estate. Estate administration is the wider process of identifying and collecting assets, paying tax and debts, preparing accounts and distributing the estate. Obtaining the grant may be only one part of the administration.
Why should I make a lasting power of attorney?
An LPA allows you to choose who can make specified decisions if you lose mental capacity. Without one, family members do not automatically have authority to manage your finances or make all health and welfare decisions. A Court of Protection application may be needed instead.
How much do wills and probate solicitors charge?
The cost depends on the service and complexity involved. Many will-writing and LPA services are available for a fixed fee, while probate and estate administration costs depend on the estate and level of assistance required. We will explain the charging basis and likely costs before you instruct us.
Need help right away?
Contact Clough & Willis
Whether you are planning your own affairs or dealing with the estate of someone who has died, our wills and probate solicitors can help you understand your options and take the next step.
Speak to our private client team at our Bury or Little Lever, Bolton office. We also advise clients across Greater Manchester and throughout England and Wales.
Call 0800 083 0815 or complete our to request a confidential call back at a time that suits you.
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Clough & Willis Solicitors is a highly respected and forward-thinking full-service law firm, delivering high-quality legal advice on a wide range of personal and commercial matters. From our offices in Bolton and Bury, we provide friendly, approachable and comprehensive legal guidance to individuals and business clients across England and Wales.
For more information about any of our services, please complete the online form or call 0800 083 0815 to speak with a member of our friendly team.
