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Wills and Probate – How to Guide

22 October 2019

Blog, Wills and Probate

Here we give you a simple guide on some of the most common things we get asked in Wills and Probate.

  1. How to make a Will

    At Williamsons, making a Will is a straightforward and stress-free process. Contact us for an initial appointment and we will go through your circumstances and wishes.

    We will then draft your personalised Will and you simply need to attend another appointment to sign it. We can even visit you at home if you cannot attend our offices.

    You can find out more about Wills on our website.Williamsons Solicitors - Wills & Probate

  2. How to change my Will

    If you have an existing Will, you can always update it so long as you have capacity.

    You have the option of making small changes to it, though a separate document called a Codicil, or making a new Will completely.

    At Williamsons, we can advise you which is the best option based on your circumstances and the alterations you want to make.

    You can find out more about Wills on our website. Wills and Probate - Writing a Will

  3. How to make a Lasting Power of Attorney (LPA)

    To make a Lasting Power of Attorney (LPA) for Property and Financial affairs or Health and Welfare issues, you firstly need to decide on people you trust to deal with your affairs should you loose capacity (they will be your ‘attorneys’).

    You then need to complete the necessary forms, which must be signed by you and your attorneys. A certificate provider also needs to sign the form to confirm that you currently have capacity.

    At Williamsons, we can draft all of the forms for you and will also act as the certificate provider. We will then register the document for you with the Office of the Public Guardian.

    You can find out more about LPAs on our website.Williamsons Solicitors - Wills and Probate

  4. How to register an Enduring Power of Attorney

    An Enduring Power of Attorney must be registered when the donor starts to lose capacity.

    There are a lot of people who need to be notified about the registration and an application needs to be sent to the Office of The Public Guardian.

    At Williamsons we can help you with the necessary forms and advise who you will need to contact.

    You can find out more about an Enduring Power of Attorney by contacting our Wills & Probate team.Wills and Probate - Williamsons Solicitors

  5. How to deal with someone’s affairs when they have lost capacity

    If the person had a registered Lasting Power of Attorney, then the attorneys named in the document can start acting.

    If they did not have one in place, you will need to apply to the Court of Protection to be appointed as their Deputy.

    At Williamsons, we can guide you through this process and complete the forms on your behalf.

    You can find out more about a Court of Protection on our website.Williamsons Solicitors - Wills and Probate

  6. How to organise my affairs when I cannot get into the office

    At Williamsons, we have offices in Hull, Beverley, Bridlington and Driffield.

    However, if you cannot get in to one of our offices, we also offer home visits and can also come and see you in hospital, a care home or a hospice.

    You can find out the address of your nearest office on our website.Williamsons Solicitors in Driffield

  7. How to obtain a Grant of Probate

    Many institutions require a Grant of Probate before allowing the executors access to the asset. It is also usually required when you are selling the property of someone who has passed away.

    To obtain one, you must report the estate to HMRC to confirm the tax position and then submit an application to the Probate Registry confirming who should deal with the estate.

    At Williamsons, we can complete the necessary forms for you and help you with the next steps of dealing with an estate.

    You can find out more about a Grant of Probate on our website.Wills and Probate - Williamsons Solicitors

  8. How to administer someone’s estate where there is a Will

    If you are named as an executor in a Will you will need to administer the estate.

    This involves applying for the Grant of Probate, collecting in the assets, paying any debts and following the terms of the Will. Depending on the assets involved, this can be a complicated and time consuming process.

    At Williamsons, we can administer the estate on your behalf and deal with all of the paperwork involved.

    You can find out more about Administration of Estate on our website.Williamsons Solicitors - Wills and Probate

  9. How to administer someone’s estate if there is no Will

    Depending on your relationship to the deceased, you may be entitled to be an ‘administrator’ of the estate under the rules of intestacy. This is a very similar role to that of an executor, if there had been a Will.

    You will need to administer the estate and potentially apply for a Grant of Representation in order to collect in the assets, pay any debts and distribute the estate correctly. This can be a complicated and time consuming process.

    At Williamsons, we can administer the estate on your behalf and deal with all of the paperwork involved.

    You can find out more about Administration of Estate on our website. Williamsons Solicitors - Wills and Probate

  10. How to stop being an executor

    You do not have to take up the executorship if you do not wish to and there are several options available to you, including renouncing the right completely or having your powers reserved.

    If you are not sure about being an executor, we would recommend that you seek advice at Williamsons Solicitors before taking any actions.

    You can find out more about Administration of Estate on our website. Family & Childcare - Division of Property

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Its always difficult when you are selling a house but even more so when it is a probate sale. Williamsons have handled my sale with sensitivity and efficiency and have supported me throughout the process.

Mr & M

Very efficient, prompt replies to queries, show good team work and a very reasonable bill at the end.

Mr D A

I was given an efficient, friendly and courteous appointment.

Mr and Mrs Lang

Thorough and commendable.

Mr & M

Professional,helpful and friendly staff we use Williamson's for all legal matters.

Mrs Yvonne K

Suzanne Spooner was excellent. She kept me informed of progress and the whole stressful process of selling one’s house went as smoothly as possible.

Miss L

We were very impressed by Theresa's thorough approach. We are very confident that our conveyancing was carried out to perfection.

Sarah B

Fantastic service from Susan and her team dealing with the sale of the house. Easily contactable for any queries and would definitely recommend them.

Andrew H

Very thorough, helpful throughout and ensured no undue delays.

Mr Nicholls

Once again a smooth transaction thanks to Beth at Williamsons. Will certainly be using again. Thanks

Mr and Mrs Allgood

We were delighted with the service we received. Each time it was necessary to make contact we received a prompt response. As existing clients we would not hesitate to use this service again.


We instructed Williamsons to carry out the conveyancing on our house purchase. Gemma was excellent, keeping us up to date with the progress made towards completion by email and sending us the relevant paper work. She made us aware of any issues and suggested a course of action. We would highly recommend using Williamsons.

Mrs Ward

Jane Cousins and her colleagues were absolutely brilliant! They were extremely patient and helpful and kept us up to date by email whenever necessary!! She promised to hold my hand through the process of buying and selling our homes and certainly did! We cannot thank her and Emma and Rebecca enough!!! Thank you all very much!! Sheilah/Owen Ward

Ms D

Very happy with the service provided both on my sale and purchase. Thank you

Dr P

Straightforward, efficient, clear, well-informed.

Mr Francis

Exemplary service. Kept me up to date throughout the process. Carefully explained any difficulties or technical issues. Brilliant service


Very helpful & prompt service! Nothing was too much trouble. Can highly recommend

Mr and Mrs Jarvis

Handled our sale and purchase extremely well, first class.

Mr and Mrs Green

We were delighted with the service we received. Although unable to speak to our designated officer Mrs Spooner, her assistant Natalie was always on hand to advise, particularly relevant on the final day when exchange and completion took place at the same time. A difficult period, not being helped by the long-distance, was made as easy as such a situation could ever be. Thank you.

Mrs Margaret W

I am new to Williamsons, my first time with them. It’s been a positive efficient and friendly experience. So much so that I won’t be going any where else in future. Thank you to all at Williamsons!

Brian R

This is the third housing transaction Williamsons has done for me in the last year and I have been very satisfied with the proceedings . I particularly admire the capability and knowledge of Suzanne Spooner who is a very smart lady.