Proper planning of the transfer of assets between generations brings peace of mind and prevents disputes. The firm drafts wills, handles inheritance and probate proceedings, and represents clients in disputes — with sensitivity to the family and to the testator's wishes.
What we do in this area
- Drafting wills and agreements between heirs
- Obtaining inheritance and probate orders
- Estate administration and representation of estate administrators
- Representation in objections and inheritance disputes
Frequently Asked Questions
- Does a will have to be in writing?
- The law recognises four types of will: handwritten, witnessed, before an authority, and oral (in special circumstances only). The most common and secure form is a witnessed will — a written document signed in the presence of two witnesses. Professional drafting by a lawyer ensures the will is valid and resistant to future challenge.
- What is the difference between an inheritance order and a probate order?
- An inheritance order is issued when a person dies without a will — the court determines the heirs according to law. A probate order validates an existing will and gives it binding legal force. Both orders are required for the transfer of assets and registration at the Land Registry.
- Who can contest a will?
- Anyone who would have been entitled to inherit had there been no will — a statutory heir — may file an objection to its probate. Common grounds include formal defects, undue influence, lack of legal capacity at the time the will was made, or a claim that the will does not reflect the deceased's true wishes.
- How long does it take to obtain an inheritance order?
- In straightforward cases — typically several months from filing the application with the Registrar of Inheritance Affairs. When there are disputes between heirs, or when an objection to a will is filed, the process may take years. Early engagement with a lawyer allows the process to be streamlined.