Local Probate Solicitors Help With Making and Enacting Wills

Whether you are looking at making arrangements for your own future, or you have been named as the executor of a will, you need expert help and support from a team who understand wills and probate law, and can walk you step by step through the process.

We spoke to Jennifer Larton, from Holdens Law, to see how a local probate solicitor can help at every stage.

Q: What work does the Wills and Probate department cover?

JL: As your local probate solicitor, we advise clients on all aspects of estate planning, including drafting wills, lasting powers of attorney, court or protection matters and trusts. We also guide families through the probate process following a death, ensuring that estates are administered correctly, efficiently, and in line with the deceased’s wishes or the intestacy laws if no will exists.

Q: Why do I need a will?

JL: A will ensures that your wishes are respected after your death. It provides clarity on how your estate should be distributed and allows you to appoint trusted individuals to manage your affairs. 

Q: What happens if I don’t leave a will?

JL: Your estate will be dealt with under the intestacy rules, under which unmarried partners are not recognised, and estranged relatives may inherit. It could also mean that your children inherit at a younger age than you would have wanted them to. In the absence of any next of kin, your estate will ultimately pass to the Crown. With a will, you can name friends, charities, or other causes you care about as beneficiaries.

Q: Do I still need a will if I just want everything to go to my children?

JL: Yes, you do. Without a will, there is no guarantee your estate will pass exclusively to your children, especially in more complex family situations. A properly drafted will avoids any ambiguity and makes sure your wishes are legally enforceable.

Q: What are the benefits of having a local probate solicitor work on your will, instead of just writing it yourself or using a tickbox form?

JL: Wills are legal documents and must meet specific criteria to be valid. A local probate solicitor ensures your will is tailored to your circumstances, compliant with the law, and robust against challenges. We also provide guidance on inheritance tax planning and complex family arrangements, which generic services cannot offer.

Our service is personal, thorough, and backed by professional expertise. Every person’s situation is different and online templates can’t offer nuanced advice or foresee potential pitfalls. At Holdens, we listen carefully, ask the right questions, and craft wills that truly reflect our clients’ wishes and circumstances.

Q: Can you give me an example of a time Holdens have made a difference for a client who wanted a will? 

JL: A client approached us with concerns about providing long-term security for a vulnerable family member with additional needs. We advised on incorporating a discretionary trust into their will, allowing funds to be managed responsibly while preserving eligibility for means-tested support. The client was reassured knowing that their loved one would be protected and supported, both financially and personally, in the years to come.

Q: Losing a relative is a challenging time. How can Holdens help me to navigate all the paperwork following a death?

JL: As trusted local probate solicitors, Holdens provides compassionate, step-by-step guidance through the entire process. This includes registering the death, dealing with utility providers and banks, valuing the estate, completing legal paperwork and arranging the probate process. Our aim is to ease the administrative burden so you can focus on what truly matters.

Q: What exactly is probate and do I still need it if I have a clear will to work with?

JL: Probate is the legal process of confirming a will's validity and granting authority to executors to deal with the estate. Even with a clear will, probate is usually required if the estate includes significant assets such as property or shares.

However, probate may not be needed if the estate is small, or if all assets are jointly held and automatically pass to the surviving co-owner. Banks and other financial institutions have different thresholds for requiring probate, so It's important to seek advice from your local probate solicitor.

Q: What does probate cost and how long does it take for probate to be granted?

JL: Costs can vary depending on the complexity of the estate. As your local probate solicitors, Holdens offer both fixed-fee and hourly options and we are always transparent from the outset. On average, probate is granted within 8 to 16 weeks once the application is made, though full estate administration may take several months to complete.

Q: Do I still need probate if there is no will?

JL: Yes, though it is technically called a ‘grant of letters of administration’. The process is largely similar, although it can take longer to obtain. As I explained earlier, the distribution of the estate is governed by intestacy law in these cases, rather than personal wishes.

Q: Can you give me an example when Holdens made a difference in arranging probate for a client? 

JL: A family approached us after the sudden death of a relative with no will. They were overwhelmed and unsure where to begin. We handled the entire process—from locating assets to applying for the grant and distributing the estate—allowing them to focus on grieving rather than the legalities.

Q: Most people have never been an executor of a will before. How can Holdens help them to understand my responsibilities and execute their duties appropriately?

JL: AS local probate solicitors, we regularly advise and assist executors. We can explain their legal duties and assist with practical tasks such as gathering assets, paying debts, and distributing funds. If the client prefers, we can take on some or all responsibilities on their behalf to ensure everything is done correctly.

Q: Thanks for sharing all that useful information with us. One final question: if you could change one thing about wills / probate law, what would it be?

JL: I would welcome a change that brings greater consistency and accessibility to the probate process. At present, even relatively simple estates can become entangled in delays and administrative hurdles. A more streamlined system—particularly for lower-value or uncontested estates—would alleviate pressure on families during an already difficult time and help ensure that estate administration is both timely and proportionate.

To find out more about the wills and probate services of Holdens Law, your local probate solicitor, contact their Lancaster office on 01524 32484 or their Kendal office on 01539 720629.