To make a will, an individual needs to have requisite mental capacity and understanding in order to give their full, conscious consent.

However, for those lacking mental capacity (legally referred to as testamentary capacity) it is not possible to create their own will. In these cases, someone else can make a will on their behalf. This is known as a ‘statutory will’.

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In 2014, the UK introduced new legislation regarding missing persons which now allows families of missing people to apply for a presumption of death certificate. Here our probate and estate administration lawyers outline the law and how this can help families left behind. More...

Losing a loved one is an upsetting time, so finding out you’ve been named an executor of their will may seem rather daunting. But, please don’t worry. Our will and probate solicitors are here to help. More...

Sadly, issues linked with the administration of a deceased’s estate are relatively common when a legal professional is not instructed. There could be negligence, fraud, obstructive behaviour, or even disputes when the executor is also a beneficiary. 

So, it is important to know where you stand in the eyes of the law and what options you have. More...

Around 180,000 people a year die intestate (without making a Will). That is a shocking 56% of UK deaths. This might sound gloomy, but are there any pros to not making a Will? Here, our legal experts look at the positives of giving all of your capital to the state by default…More...