Wills and Probate
Wills and Probate: Which Help Do You Need?
Firms often group wills and probate together because they are handled by the same private client teams. This short guide explains the difference and points you to the right detailed guide in England and Wales.
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Overview
What this area covers
‘Wills and probate’ describes two stages of the same subject. Wills and estate planning happen during your lifetime: deciding who inherits and who should act for you. Probate and estate administration happen after a death: gathering the estate in and passing it on.
Because the same solicitors usually handle both, firms often describe their team this way. On Verified Solicitors, a firm listed under Wills and Probate may help with either stage. Check its profile or ask the firm.
Common situations
When you may need a wills and probate solicitor
- You are planning ahead and want a will or powers of attorney. See our Wills and Trusts guide.
- Someone has died and you need to deal with their estate. See our Probate guide.
- You are an executor and want the same firm that drafted the will to administer the estate.
The solicitor’s role
How a wills and probate solicitor can help
For planning work, a solicitor drafts documents that reflect your wishes and meet legal formalities. For estate administration, they obtain the grant, deal with tax and distribute the estate, advising executors on their personal duties.
Costs
What does a wills and probate solicitor cost?
Planning work is often done for a fixed fee. Estate administration is commonly charged hourly, as a fixed fee or occasionally as a percentage of the estate. Fees for administration are usually paid from the estate.
Getting ready
What to prepare before contacting a solicitor
- For a will: a list of assets and the people you want to benefit
- For an estate: the death certificate, the will and a list of known assets and debts
Choosing a solicitor
Choosing a solicitor
If the firm drafted the will, it may hold the original and already know the family’s circumstances, which can help. Executors are still free to choose any firm.
Every firm listed on Verified Solicitors is regulated by the Solicitors Regulation Authority. You can compare firms’ profiles, locations and reviews before getting in touch.
Find wills and probate solicitors
Search Verified Solicitors for SRA-regulated firms that handle wills and probate matters, then compare their profiles.
- Verified solicitors
- Regulated firms
- Free to use
A common question
Is the firm named in a will obliged to handle the estate?
No. An executor, including a firm, is not obliged to act. In appropriate circumstances an executor can have power reserved or renounce their right to apply for probate. Executors who do act can instruct any solicitor they choose.
Related legal services
The information on this page is general information, not legal advice. The law and procedures can change and how they apply will depend on your circumstances.