Wills, probate and later life solicitors in Leicester

Wills, probate and later life planning in Leicester

Last updated 26 September 2026. General information, not legal advice.

This area covers planning ahead (wills, lasting powers of attorney and trusts) and dealing with an estate after someone has died (probate and estate administration).

Wills

A will says who gets what, who deals with your estate (your executors), and, if you have young children, who you’d want to look after them. It’s worth updating after marriage, divorce, a new child or a significant change in what you own. Marriage generally cancels an earlier will, which catches people out.

Lasting powers of attorney

A lasting power of attorney (LPA) lets someone you trust make decisions for you if you lose capacity. There are two kinds, one for property and financial affairs and one for health and welfare. They have to be registered with the Office of the Public Guardian before they can be used. Without one, your family may have to apply to the Court of Protection to be appointed as your deputy, which is slower and more expensive.

When someone dies

The executors named in the will (or the next of kin if there is no will) usually need a grant of probate, or letters of administration, before they can sell property or collect in the larger assets. The application is made online to HM Courts and Tribunals Service. Before that, any inheritance tax has to be worked out and, if due, at least partly paid. After the grant, the estate is collected in, debts and tax paid, and what’s left distributed.

Some families do this themselves. A solicitor is worth considering where the estate includes a business, property abroad or a trust, where inheritance tax is payable, where the family doesn’t get on, or simply where the executors don’t have the time.

Inheritance tax

Inheritance tax applies to estates above the available allowances, which include the nil-rate band and, where a home passes to children or grandchildren, the residence nil-rate band. The rules are detailed and change from time to time, so check the current position on GOV.UK or with an adviser.

Costs

Many firms offer fixed fees for wills and LPAs. For probate, some offer a fixed fee for obtaining the grant only, with the rest charged by the hour or as a percentage of the estate. SRA-regulated firms have to publish price information for uncontested probate, so you can compare.

Common questions

Do I need a solicitor to make a will?

Not legally, but a professionally drafted will is less likely to be challenged or to fail on a technicality. It matters more if you have children from different relationships, own a business, have property abroad or want to protect assets for someone vulnerable.

What happens if someone dies without a will?

Their estate passes under the intestacy rules. Unmarried partners inherit nothing under those rules, which surprises many people.

Do I always need probate?

Not always. Small estates, or assets held jointly with someone who survives, may not need a grant. Banks and other institutions each have their own limits for releasing money without one.

How long does probate take?

The grant itself often takes several months once the application is made, and administering the estate afterwards can take a year or more, particularly if a property needs to be sold.

This guide is general information about the law in England and Wales and isn't legal advice on your situation. Solicitor Leicester is a directory, not a law firm.