Wills Solicitors
If you need to make or update a will, or if you are concerned about the validity of an existing will, our solicitors, with over 18 years of experience in private client law in England and Wales, can help.
A will is the legal document by which a person sets out how their estate should be distributed after their death. In England and Wales, the formal requirements for a valid will are set out in section 9 of the Wills Act 1837: the will must be in writing, signed by the testator (or by another person in the testator’s presence and by their direction), and the testator’s signature must be made or acknowledged in the presence of two witnesses who are both present at the same time, each of whom attests and signs the will. A witness should not be a beneficiary under the will, as a gift to an attesting witness is void, though the will itself remains valid.
Where there is no valid will, the estate passes under the intestacy rules contained in the Administration of Estates Act 1925. Those rules follow a fixed order of priority that does not account for the particular circumstances of the deceased’s family. An unmarried partner, no matter how long-standing the relationship, inherits nothing under the intestacy rules. A person who believes they should have received more from an estate, or been provided for and was not, may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but litigation is expensive and uncertain.
Law Lane Solicitors’ private client team advises individuals on will drafting, testamentary capacity, contested wills, and related estate matters from offices in Stratford, High Holborn, and Croydon. We were founded in 2015 and are regulated by the Solicitors Regulation Authority. Our reviews show a 4.95 rating from over 1,200 reviews.
What does our wills service cover?
Will preparation in England and Wales requires more than completing a standard form. We advise on the structure, execution, and safe keeping of wills, and on related matters that affect whether a will achieves what the testator intends. Our team advises on:
- Drafting wills for individuals and couples, including straightforward mirror wills and wills incorporating testamentary trusts for minor, vulnerable, or adult beneficiaries
- Execution requirements under section 9 of the Wills Act 1837, ensuring the will is formally valid and that witnessing arrangements are correctly observed
- Testamentary capacity, including situations where the testator’s capacity may be in question; the test requires the testator to understand the nature of making a will, the extent of their estate, and the claims of those who might expect to benefit
- Inheritance tax considerations, including the use of nil-rate band gifts, spousal and civil partner exemptions, and charitable legacies as part of a tax-aware will structure, discussed in general terms without reference to specific thresholds
- Trusts within wills, including life interest trusts for surviving spouses and discretionary trusts for children and grandchildren, where assets need to be held and managed over time rather than distributed outright
- Wills for business owners, including advice on business property relief in general terms and on the treatment of partnership interests, shares in private companies, and agricultural property
- Reviewing and updating existing wills following changes in family circumstances, such as marriage, divorce, the birth of children, or the acquisition of new assets
- Advising executors on their duties, including obtaining probate under the Administration of Estates Act 1925 and administering the estate in accordance with the will
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975, both for claimants who believe they have not been adequately provided for and for estates and beneficiaries defending such claims
- Contentious probate, including challenges to the validity of a will on grounds of lack of testamentary capacity, want of knowledge and approval, or undue influence
Why choose Law Lane for wills matters?
Making a will is straightforward in principle and technically demanding in practice. A will that does not meet the execution requirements of the Wills Act 1837 is simply invalid. A will made by a testator who lacked capacity, or who did not know and approve its contents, may be challenged and set aside after death, at considerable cost to the estate. We take the time to understand each client’s circumstances before drafting, and we apply the formal requirements precisely.
Where capacity may be an issue, we follow the accepted practice of obtaining a medical assessment and preparing a contemporaneous record of the testator’s capacity, instructions, and understanding. That contemporaneous evidence is the most effective protection against a future challenge to the will’s validity. We advise on the appropriate steps depending on the testator’s circumstances and age.
Our team also acts in contentious probate disputes, both for claimants and for estates. Having solicitors who act on both sides of will disputes means our advice on validity is informed by direct knowledge of how these cases are argued and what evidence courts require. Our solicitors include those with advocacy experience who can represent clients at hearings where contested probate proceedings require court attendance.
Get in touch
Our private client team can draft a will that reflects your wishes, meets every formal legal requirement, and stands up to scrutiny. Acting early avoids the uncertainty and cost that intestacy or a disputed will can bring.
Phone: 020 7870 4870 or email: info@lawlanesolicitors.co.uk
Law Lane Solicitors is proud to be accredited under The Law Society’s Immigration and Asylum Accreditation.
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Frequently Asked Questions – Wills
What makes a will legally valid in England and Wales?
A will is valid under the Wills Act 1837 if it is in writing, signed by the testator (or by another person in the testator’s presence and by their direction), and the testator’s signature is made or acknowledged in the simultaneous presence of two independent witnesses, both of whom then sign the will. A witness who is also a beneficiary will lose any gift made to them under the will, though the will itself remains valid. Witnessing by videolink does not satisfy these requirements.
What happens if I die without a will?
If you die without a valid will, your estate passes under the intestacy rules in the Administration of Estates Act 1925. The rules distribute your estate in a fixed order: spouse or civil partner first, then children, then other relatives. An unmarried partner has no automatic entitlement under the intestacy rules, regardless of the length of the relationship. The rules do not reflect individual circumstances and may produce outcomes very different from what you would have chosen.
Can I make a will if I have reduced mental capacity?
The test for testamentary capacity requires a testator to understand the nature of making a will and its effects, the extent of the property they are disposing of, the claims of those who might reasonably expect to benefit, and to hold those elements in mind long enough to form an intention. This is the test applied by courts in England and Wales. Many people with conditions that affect cognition retain sufficient capacity to make a valid will, particularly in a period of relative lucidity. We advise on how to manage the capacity assessment and documentation in these situations.
Who should I appoint as executor?
An executor is the person named in the will to administer the estate, obtain probate under the Administration of Estates Act 1925, and distribute the assets to beneficiaries. Executors can be family members, friends, or professional advisers, and up to four executors may act at the same time. A professional executor, such as a solicitor, brings expertise and continuity, particularly where the estate is complex or family relations are difficult. We can act as executor or advise named executors on the administration of the estate.
What is a testamentary trust and when should I use one?
A testamentary trust is a trust created by the will that comes into effect on the testator’s death. Assets pass into the trust rather than outright to the beneficiary. Testamentary trusts are commonly used for minor beneficiaries (to hold assets until they reach a specified age), for beneficiaries with mental or physical disabilities who need ongoing management of their funds, and for surviving spouses where there are children from a previous relationship. The terms of the trust are set out in the will itself.
Can my will be challenged after my death?
Yes. A will can be challenged on the ground that the testator lacked testamentary capacity when it was made, that the testator did not know and approve the will’s contents, or that the testator was subject to undue influence by another person. A claim can also be made under the Inheritance (Provision for Family and Dependants) Act 1975 by a spouse, former spouse, child, or dependant who was not adequately provided for. These claims carry strict time limits and require specialist legal advice.
Does marriage or divorce affect my existing will?
Yes. Marriage or civil partnership automatically revokes a will in England and Wales unless the will was made in contemplation of that specific marriage or partnership. Divorce or dissolution does not revoke the will but does revoke any gift to the former spouse or civil partner and their appointment as executor. The rest of the will remains valid, which may produce unintended results. Both events are strong reasons to review and update a will promptly.
What is the difference between a will and a living will?
A will deals with the distribution of your estate after death. A living will (more formally called an advance decision or advance directive under the Mental Capacity Act 2005) is a document that sets out your wishes about medical treatment if you become unable to make or communicate decisions in the future. A lasting power of attorney for health and welfare is a related but distinct document. We advise on all three as part of a complete personal legal plan.
How much does an initial consultation cost?
We offer a fixed-fee initial consultation for wills matters. At that meeting, we go through your circumstances, your assets and family, and the structure of the will or wills you need, and give you a clear costs estimate for the drafting and execution of the documents. Please get in touch to arrange a time.
Private Client Team
Tahir Shahab Khan
Supervising Director, Solicitor AdvocateView Profile | ContactBook Appointment
Nehal Shah
ParalegalView Profile | ContactBook Appointment
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