Wills, Trusts & Probate

It is often said that the only certain thing in life is death. Depressing but true.
Many people seek legal advice only after someone has died, but in fact planning ahead with our help can be an invaluable investment and make the future for those you leave behind much clearer and secure.
Our experienced and approachable legal team will take the time to understand your needs.
Our Probate Partners Erica Bassett and Debbie Hall are based at our Buxton office and will be visiting Disley office by appointment.
If you are not able to come to see us at one of our offices, we are happy to visit you at home.

Probate Process

Unsure about what the Probate process entails?
Watch our helpful video which explains which parts you and the solicitors play in the process.

Click HERE to watch.

• Wills and Inheritance Tax Planning
• Estate Administration
• Trust creation and administration
• Contested Wills
• Incapacity planning and management

Wills & Will Writing

It is important that you make a Will if you want to ensure that your property passes to those closest to you or to your favourite charities.

If you do not have a Will your property and possessions could be divided according to the law rather than how you would wish.

The law states what will happen to your property and money, known as your estate, after your death if you have not left a Will. The provisions divide your estate between your closest blood relatives i.e. not cohabitants, stepchildren or family members by marriage or registered civil partnership. If you have no blood relatives, your property will pass to the Crown.

If you live with your partner but are not married or in a registered civil partnership the law would not automatically recognise your partner and they may be left with nothing if you have not made a Will.

If you make a Will you can decide who should inherit from you when you die. These people are known as your beneficiaries. You can also include charities or causes close to your heart.

Your Will would also state who should deal with carrying out the terms of your Will after your death. These people are called your Executors. You can appoint family members, friends or a professional such as your Solicitor.

The executors must be over 18 and the maximum number who could deal with your estate is four. A beneficiary named in your Will can also be named as an Executor.

If you have children under the age of 18 you might want to consider naming someone in your Will to act as legal guardian for them if your children are still under 18 when you die.

Estate Administration

The loss of someone close to you can be difficult to cope with and often the formalities and paperwork involved in dealing with their affairs can seem daunting.

If you are named as an Executor in a Will or your relative did not leave a Will and you are unsure what to do we can advise you and help you through the process.

After a person dies, someone has to handle their affairs e.g.deal with their money and property. This is called administering the estate and the individuals responsible for this are called personal representatives (PRs).

If the person left a valid Will it should name Executors and those people are the PRs of the estate. If there is no Will the person is treated as dying intestate and the role of the PR can be taken on by any person entitled to a share of the estate i.e. by the next of kin. This type of PR is known as an Administrator.

The PRs have to administer the estate according to the terms of the Will or, if there is no Will, following the rules set out by law for administering intestate estates.

The administration of an estate involves collecting in the assets in the estate and then ensuring that all liabilities are paid. The remaining assets should then be distributed to the beneficiaries.

If a person leaves an estate of less than £15,000 the PRs can usually collect in the assets without the need for a Grant of Representation. If the estate is larger it is generally necessary for a grant to be taken out.

The grant is legal confirmation that the PRs are entitled to administer the estate. Banks, insurance companies, other financial institutions and the Land Registry will require sight of the grant before they will allow PRs to encash or transfer assets.

There are various types of grant, the main two being Grants of Probate (where there is a Will) and Grants of Letters of Administration (where the person died intestate). The application for the grant is made to the Probate Registry.

If there are substantial assets in an estate the PRs are responsible for finding out whether Inheritance Tax is payable. There are various exemptions and reliefs available for Inheritance Tax and it is important that PRs get advice about the position if it seems likely there could be a liability.

In most cases the administration of an estate is straightforward and can be dealt with quickly. However, it can sometimes be a more complex affair involving many organisations. In the latter case it can sometimes be difficult to give a likely timescale for the administration to be finalised especially if there are any disputes or claims against the estate.

Trust Creation

Trusts offer flexible, tax efficient ways of passing on or protecting family wealth for the long term. They can help protect the people you care about, such as your partner or children.

If you would like to find out more about whether a trust would help you, please contact one of our specialist wills, probate and trust solicitors for a free, no obligation discussion about your particular circumstances. We can then advise you about the best solution for you.

We can provide advice on the following matters:

• Creation of Trusts
• Trust administration
• Payments out of a Trust
• Change of Trustees
• Advising beneficiaries
• Trust disputes
• Terminating a trust

Incapacity Planning & Management

If you are struggling to deal with your own affairs, you can give someone else authority to help you by making a Lasting Power of Attorney.

If you care for someone who is no longer able to make decisions you can apply to the Court of Protection to become their Deputy and take over their affairs.

We offer advice on the issues to consider when making Lasting Powers of Attorney and applications to the Court of Protection and can draw up the paperwork for you.

See also : Care of the Elderly

Claims Against Estates

Sometimes people feel unhappy about the way the estate of someone who has died is to be divided.

In certain circumstances a claim could be made against the estate especially if a dependent has not been left reasonable financial provision.

Challenging a will or making a claim against an estate can be a complex process. If you think you might have a claim please contact us as soon as possible, as there are strict deadlines involved in making claims.

Costs for Wills

The costs information set out below is for basic Wills.  Every case is unique and we will give you more precise and personalised information when we have assessed your individual situation.

• Single Will from £275.00 plus VAT £55 total £330
• Mirror Wills from £500 plus VAT £100 total £600
• Trusts / severance of joint tenancy
  Additional costs of £100 – £300 plus VAT £20 – £60  – total £120  – £360
• Codicil £175.00 plus VAT £35 – total £210 (single) or £300 plus VAT £60 – total £360 (Mirror)

Costs for Probate Work

The costs information set out on this website is general.  Every case is unique and we will give you more precise and personalised information when we have assessed your individual situation.

Fixed Fee

We can obtain the Grant of Representation on your behalf.

How much does this service cost?

TOTAL: fixed fee of £1200 + VAT £240 – total £1440 but excluding disbursements*.

This includes: obtaining the grant only.  Any further work connected with gathering assets and distributing the estate will be in addition to the fee for obtaining the Grant.

As part of our fixed fee we will:

• Provide you with a dedicated and experienced probate solicitor to work on your matter
• Identify the legally appointed executors or administrators
• Accurately identify the type of Grant of Representation you will require
• Obtain the relevant documents required to make the application
• Complete the Probate Application and the relevant HMRC forms
• Make the application to the Probate Court on your behalf
• Obtain the Probate and securely send the copies to you

Applying for the grant, collecting and distributing the assets

We anticipate that for most estates this will take between 5 and 20 hours work at an hourly rate of £275 plus VAT £55 – total £330 per hour. Our fees would therefore be estimated at £1,250 plus VAT £250 – £5,000 plus VAT £1000 – total fees to include VAT £1500-£6000, plus disbursements*. The exact amount will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, our fees will be at the lower end of the range. If there are multiple beneficiaries, a property shareholding and multiple bank accounts, our fees will be at the higher end. We can handle the full process for you. This quote is for estates where:

• There is a valid will; or where there is no will (‘intestacy’) the beneficiaries of the intestate’s estate are known
• There is no more than one property
• There are no more than 3 bank or building society accounts
• There are no other intangible assets
• There are 1-4 beneficiaries

On average, estates that fall within this range are dealt with within 6 months. Time scales vary however dependent upon how quickly an application for a Grant of Representation is completed by the Probate Registry and similarly the time it takes HMRC to process the calculation of any inheritance tax payable on the estate.
Dealing with the sale or transfer of any property in the estate is not included.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

• Probate application fee of £526.00
• If any additional copies of the grant are required, they will cost £2.00 (1 per asset usually)
• Bankruptcy-only Land Charges Department searches (£7.50 plus VAT £1.50 per beneficiary)
• Land Registry Administration Fee £1.00 plus VAT £1.20 per document.
• In some circumstances a notice may need to be entered in the London Gazette and a relevant local newspaper. Costs will vary but likely in the region of £200-£300 or thereabout plus VAT £40-£60, so total costs will be in the region of £240-£360
• Electronic money transfer fee (per transaction) (including VAT of £4.20) £25.20
• Electronic identity and anti-money laundering check (including VAT of £1.83) £11.00

*VAT is charged at the prevailing rate of 20%

Our people

Our team has many years of collective experience in delivering high quality work in all matters relating to wills and estate administration.

We have three people who deal with Wills, Probate and Elderly Client matters at out Buxton office and one at our Chapel-en-le-Frith office. Laura, Erica, Debbie and Amy also deal with Wills, Probate and Elderly client matters at our Disley office by appointment.

Buxton Office

Erica Bassett – Partner

Erica joined the firm in 2000 and shortly afterwards she began studying to be a Legal Executive. She joined the Wills and Probate department in 2004, completed the Legal Practice Course at Staffordshire University, was admitted as a solicitor in 2011 and became a Partner in 2019. She deals with all aspects of wills, probate and elderly client matters. She acts as attorney and court appointed deputy for several clients.

Debbie Hall – Partner

Debbie studied for her Law Degree at Liverpool University. She completed her period of training with Cooper sons and qualified in 1998. Debbie became a Partner in 2019. Her background in litigation and personal injury means that she has a wide perspective when dealing with wills and probate. Debbie is experienced in preparing Lasting Powers of Attorney, Deputyship and Court of Protection applications.

Chapel-en-le-Frith Office

Laura Wood – Solicitor

After graduating from Lancaster University with a degree in Law and studying the Legal Practice Course at the College of Law in Chester, Laura trained with a firm in south Cheshire and was admitted as a Solicitor in 2002. In 2019 Laura relocated and started working in Buxton and joined the firm in 2021. Laura deals with Wills, Estate administration and Lasting Powers of Attorney.

Buxton & Disley Office

Amy Holliday – Solicitor

After completing a degree in  history at The university of Sheffield, Amy studied for a post graduate diploma in law and the legal practice course at The College of Law, Guildford.  She was admitted as a solicitor in 2004.  She worked in Guildford before moving to Buxton in 2007.  Amy has most recently worked in a firm in Macclesfield and joined us in February 2025.  Amy specialises in wills and estate planning and lasting powers of attorney.