Making a Will is a crucial step in safeguarding your future wishes, but it’s not just about deciding who inherits what. For a Will to be legally valid and enforceable, it must be made correctly – and with a full understanding of the legal requirements involved.

At Franklins Solicitors, we regularly advise clients who are unaware of the potential pitfalls when it comes to writing and signing a Will. Issues around capacity, execution and DIY or online solutions can lead to serious complications – or even render a Will invalid.

For a Will to be valid, the person making it (the testator) must have the mental capacity to do so. This is known as “testamentary capacity” and is a legal requirement under UK law.

The testator must:

As we are all living longer, cases involving capacity are becoming more common. Conditions such as dementia or mental health disorders don’t necessarily prevent someone from making a Will, but they do require extra care and often medical evidence to confirm capacity at the time of signing.

If there is any doubt, it is essential to seek professional legal advice early to avoid disputes later.

While it is legally possible to write your own Will by hand, we strongly advise against it. Homemade Wills, including handwritten or downloaded templates, are more prone to errors in language, format, and execution.

These documents are often:

During their lifetime, people usually do not pay CGT when selling their main home because of Principal Private Residence Relief (PPRR).

For Executors, the rules are different. PPRR is only available if:

A Will may seem straightforward on the surface, but the law surrounding estates, tax, and inheritance is anything but. One missing clause or a poorly chosen word can lead to disputes, delays, or your wishes not being carried out at all.

Online Will-writing services are widely advertised, but they often offer a one-size-fits-all approach that lacks the rigour and personalisation of professional advice. They typically do not account for complex family situations, blended families, business ownership, overseas assets, or vulnerable beneficiaries.

Even for seemingly simple estates, we regularly see clients needing to “fix” or challenge Wills made using online platforms – often at much greater cost than having done it properly in the first place.

One of the most common reasons a Will becomes invalid is incorrect witnessing. For a Will to be legally binding, it must be:

Crucially, witnesses cannot be beneficiaries of the Will, nor can they be married to or in a civil partnership with a beneficiary. If a beneficiary acts as a witness, they will lose their inheritance under the Will, though the rest of the document may remain valid.

Example: If you name your daughter as a beneficiary and she witnesses your Will, she will not receive her inheritance. Even if your son-in-law witnesses the Will, your daughter will lose her entitlement because the witness is married to a beneficiary.

A Will should reflect your current circumstances. Major life events can significantly affect how your estate should be distributed, yet many people forget to review their Will after these changes occur.

Marriage automatically revokes any existing Will unless it was made in contemplation of that specific marriage. This means if you marry after making your Will, you will effectively die intestate unless you make a new Will.

Divorce does not revoke a Will, but it does remove an ex-spouse as a beneficiary or executor – though other provisions remain in place.

We recommend reviewing your Will every five years, or after:

If you have children under 18, your Will should name guardians who will care for them if both parents die. Without this provision, the courts will decide who looks after your children – and their decision may not align with your wishes.

This is one of the most important reasons for parents to make a Will, yet it is frequently overlooked in DIY and online Wills, which often fail to prompt for this information.

A valid Will is not just a piece of paper – it’s a legally binding document and arguably one of the most important you will make. Getting it wrong can have life-changing consequences for those you leave behind.

At Franklins, we work closely with our clients to ensure that every Will is:

Whether you’re writing your first Will or updating an existing one, our experienced Private Client team is here to support you every step of the way.

If you are concerned about an existing Will or would like to make a new one, contact our Wills and Probate team for clear, practical advice.

Planning how to provide for your children after you are gone can be an emotional and sometimes difficult process. Naturally, most parents want to treat their children fairly. But if a child is vulnerable or has additional learning needs, leaving them an inheritance outright may not always be the best option.

For example, a direct inheritance could:

In these situations, placing money into a Trust is often the most appropriate solution.

A Trust is a legal arrangement where assets such as property, money or shares are held and managed by one or more people (the Trustees) for the benefit of another (the beneficiary).

The Trustees have a legal duty to manage the Trust assets responsibly and in the best interests of the beneficiary. Importantly, because the beneficiary does not legally own the assets, the Trust can protect them from financial risks while still allowing them to benefit from the inheritance.

There are two main types of Trusts commonly used to protect vulnerable children or those with additional needs.

A Discretionary Trust is the most flexible option.

Because the beneficiary has no legal entitlement to Trust funds, their means-tested benefits such as Universal Credit, Personal Independence Payment or housing support remain unaffected.

To guide the Trustees, the person making the Will (the testator) should write a Letter of Wishes. While not legally binding, this document sets out your hopes and intentions, giving Trustees valuable direction when managing the Trust.

A Disabled Person’s Trust is designed specifically for someone who meets the statutory definition of disability under the Mental Health Act 1983 or who receives certain qualifying benefits such as Disability Living Allowance or Personal Independence Payment.

However, if your estate is substantial, the restrictions may mean that surplus funds cannot easily be distributed to others.

Trusts can be created during your lifetime or through your Will.

A Trust created in your Will only takes effect after your death. The Will itself acts as the Trust document, so there is no need for a separate Trust deed. Once your estate has been administered and any Inheritance Tax or debts settled, the Trustees can begin managing the Trust assets for the beneficiary.

Alternatively, you can create a Trust during your lifetime, which may be appropriate if you want to make provision now or if your circumstances require immediate planning.

Appointing the right Trustees is crucial. They will have wide-ranging powers and responsibilities, including the day-to-day administration of the Trust.

When deciding who to appoint, consider people who:

Many families appoint a combination of family members and professional Trustees, such as solicitors, to ensure both personal understanding and professional expertise.

Professional advice is strongly recommended before making your decision.

A Letter of Wishes sits alongside your Will or Trust and provides practical guidance for your Trustees.

A Letter of Wishes can be updated at any time without changing your Will, making it a flexible tool for providing ongoing guidance.

One of the key advantages of using a Trust for a vulnerable child is that it protects their entitlement to means-tested benefits.

If assets are held in Trust, they are not counted as belonging to the beneficiary for benefit assessment purposes. This means they can continue to receive vital support such as:

Without a Trust, a direct inheritance could disqualify them from these benefits or reduce the amount they receive, potentially leaving them worse off overall.

Every family situation is unique, and the most appropriate type of Trust will depend on your specific circumstances. Professional advice ensures that the right decisions are made for both you and your loved ones.

Considerations include:

If you would like tailored advice on Estate Planning and creating a Trust to protect a vulnerable child, our experienced Wills and Probate team is here to help.

While wills are essential for outlining your wishes after death, many individuals choose to take their estate planning further by using trusts as a powerful tool for control, protection and long-term planning. Trusts can offer valuable benefits both during your lifetime and beyond, particularly when it comes to managing wealth, minimising tax and providing for others with precision.

At Franklins Solicitors, we regularly advise clients on how to incorporate trusts into their wider estate strategy. When used correctly, they offer flexibility, clarity and peace of mind. But without proper legal guidance, they can also lead to unexpected risks.

A Trust is a legal arrangement where one or more people (the trustees) hold and manage assets on behalf of others (the beneficiaries). The person who creates the Trust is known as the settlor. Trusts can be used to pass on wealth, protect vulnerable individuals, manage property ownership or structure family business succession.

Contrary to common belief, trusts are not just for high-net-worth individuals. They are widely used in a range of everyday situations, including:

The key is to choose the right type of Trust and ensure it is properly established and maintained.

Trusts can address specific concerns that a basic will cannot. Common situations where trusts prove valuable include:

A life interest Trust allows your spouse to benefit from assets during their lifetime (for example, living in the family home or receiving investment income) while ensuring the capital ultimately passes to your children from a previous relationship.

Rather than inheriting a large sum at 18, funds can be held in Trust and released at specific ages or milestones, such as completing education or buying a first home.

Trusts can support relatives with disabilities or mental health conditions without affecting their entitlement to means-tested benefits.

Trusts can facilitate orderly handover of family businesses, protecting continuity and commercial value across generations.

Certain Trust structures can help protect part of your estate from local authority assessment, though this must be approached carefully to avoid deprivation of assets challenges.

There are several types of trust commonly used in estate planning, each suited to different circumstances:

The simplest form, where the beneficiary has an absolute right to both the capital and income. Often used for straightforward gifts to children or grandchildren.

Also known as an interest in possession trust. The beneficiary receives income or use of an asset (such as living in a property) during their lifetime, with the capital passing to others after their death.

The most flexible option. Trustees have discretion over how and when to distribute income and capital among a class of beneficiaries. This allows them to respond to changing circumstances and individual needs.

A trust created within your will that only takes effect after your death. This avoids the need for a separate trust deed during your lifetime.

Each type has different tax implications and suitability depending on your circumstances.

A declaration of trust is a specific type of legal document used to record how property is owned when two or more people have unequal financial interests. This is particularly common where one person has contributed more to a property deposit or mortgage, or where parents have helped a child buy their first home.

Without a declaration of trust, assumptions can lead to costly disputes later, especially if a relationship breaks down or if one co-owner dies. Having this documentation in place helps to clarify contributions and entitlements from the outset, offering protection and transparency for all parties involved.

In recent years, some individuals have been encouraged to gift their property into a trust as a way of avoiding care home fees or inheritance tax. While this strategy might sound appealing, it can be highly risky and, in many cases, ineffective.

If not done correctly, such transfers may be challenged by local authorities under deprivation of assets rules. They could also create unexpected tax liabilities or even result in the loss of legal control over your home.

At Franklins, we strongly recommend seeking advice before making any decisions about gifting assets. A full understanding of the legal and financial consequences is essential before proceeding.

Appointing trustees is one of the most important decisions when setting up a trust. Trustees have wide-ranging legal responsibilities, including:

When choosing trustees, consider people who:

Many families appoint a combination of trusted family members and professional trustees (such as solicitors) to balance personal knowledge with professional expertise and continuity.

Since the introduction of the Trust Registration Service (TRS), many Trusts, including some that were previously exempt, are now required to be registered with HMRC. This includes certain bare trusts and co-ownership arrangements that many people do not realise qualify.

Failure to register a Trust can result in penalties and complications, especially when administering an estate or selling a property. Our team provides clear guidance on whether your Trust needs to be registered, and we can manage the registration process for you.

The TRS is part of HMRC’s efforts to improve transparency and prevent money laundering. Even if you created a Trust years ago, you may now have registration obligations.

Creating a trust is not a one-off event. Trusts require ongoing administration, which can include:

Professional trustees typically handle these responsibilities as part of their service. For family trustees, understanding these obligations before agreeing to act is essential.

Trusts have complex tax implications that vary depending on the type of trust and when it was created. Key tax issues include:

Assets placed in most trusts during your lifetime are treated as chargeable lifetime transfers and may trigger an immediate tax charge if they exceed the nil-rate band (currently £325,000). If you survive seven years after creating the trust, the assets generally fall outside your estate for inheritance tax purposes.

Income generated within a trust is typically taxed at higher rates than income received by individuals. The specific rates depend on the trust type.

Trusts have their own capital gains tax allowance, currently half the personal allowance available to individuals.

Professional advice is essential to understand how these taxes apply to your specific situation and to structure trusts in the most tax-efficient manner.

Trusts can be a valuable part of your estate plan, but they must be approached with care. With the right advice, they offer flexibility, protection and a way to meet your family’s needs long into the future. Without proper legal input, however, they can be misunderstood, misapplied and potentially challenged.

At Franklins, we work closely with individuals, families and business owners to create bespoke trust and estate planning solutions that align with your goals. Whether you need to create a trust, register an existing one or understand your options, we are here to help you plan with clarity and confidence. 

To discuss trust planning or any aspect of your estate, contact us to arrange a consultation with our private client team.

Despite its importance, writing a Will is something many people put off. It is not always easy to think about the future in this way, but making a Will is one of the most responsible steps you can take to protect your loved ones and ensure your wishes are respected.

At Franklins Solicitors, we understand the impact a well-drafted Will can have, and more importantly, the problems that can arise when one is not in place.

When someone dies without a valid Will, their estate is distributed under the rules of intestacy. These rules are rigid, impersonal and often do not reflect modern family arrangements. For example, unmarried partners and stepchildren have no automatic right to inherit under intestacy, regardless of the nature or length of the relationship.

This can lead to distress, disputes and delays for those left behind, particularly if there are family members who believed they would inherit, or if there are disagreements over funeral wishes and financial arrangements.

In England and Wales, if you die without a Will and your estate is worth more than £322,000, your spouse or civil partner will inherit the first £322,000, plus half of the remaining estate. The other half is divided between your children. If your estate is worth less than £322,000, your spouse inherits everything and your children receive nothing.

Unmarried partners receive nothing under intestacy, regardless of how long the relationship lasted. This means your partner could face significant financial hardship or even lose the family home.

Without a Will:

A Will allows you to decide exactly who benefits from your estate and what they receive. You can leave specific items to particular people, make cash gifts, or divide your estate in percentages.

If you are not married or in a civil partnership, your partner has no automatic right to inherit anything from your estate, even if you have been together for decades or have children together. Only a Will can protect them.

If you have children under 18, a Will lets you choose who will look after them if both parents die. Without a Will, the court will decide, and this may not be the person you would have chosen.

Proper planning through your Will can help reduce the amount of Inheritance Tax your estate pays. This might include making use of tax reliefs, setting up trusts, or leaving gifts to charity.

You can use your Will to ensure your partner or children can continue living in the family home. This might involve leaving them the property outright, giving them a life interest, or setting up a trust.

If you have a child or relative with a disability or who cannot manage money, you can set up a trust in your Will to provide for them without affecting their entitlement to means-tested benefits.

A Will allows you to leave gifts to charities or causes that matter to you. Gifts to charity can also reduce the Inheritance Tax payable on your estate.

Executors are responsible for administering your estate, paying debts and distributing assets. Your Will allows you to choose people you trust to carry out these important duties.

A clear, professionally drafted Will reduces the risk of arguments between family members. It sets out your wishes in legally binding terms, leaving little room for misunderstanding or challenge.

While not legally binding, your Will is an appropriate place to record preferences about your funeral arrangements, whether you wish to be buried or cremated, and any specific requests.

You should review your Will every three to five years, or whenever your circumstances change significantly. Key life events that should prompt a review include:

Making a Will involves several important steps:

Calculate your total assets, including property, savings, investments, pensions and personal possessions. Deduct any debts such as mortgages, loans and credit cards to understand your net estate.

Consider who you want to inherit and what you want them to receive. Think about contingency plans if a beneficiary dies before you.

Select trustworthy people who are capable of handling the responsibilities. Many people choose two Executors to share the workload. You can appoint professional Executors such as solicitors for complex estates.

Think about whether your estate will be liable for Inheritance Tax and whether there are steps you can take to reduce this through your Will.

Have your Will professionally drafted to ensure it is legally valid and clearly expresses your wishes. Errors in wording or structure can invalidate a Will or create ambiguity.

In England and Wales, your Will must be signed by you in the presence of two independent witnesses, who must also sign in your presence. Witnesses cannot be beneficiaries or married to beneficiaries.

Keep your Will in a secure location and ensure your Executors know where to find it. Many people store Wills with their solicitor or with the Probate Service for safekeeping.

In an age of online templates and DIY Will kits, it is tempting to take a shortcut. But a poorly drafted Will can cause more harm than good. Errors in wording, execution or even witnessing can render it invalid or open the door to costly and emotionally charged disputes.

Common problems with DIY Wills include:

Our experienced Wills and Probate team can help you avoid these risks. We ensure your Will is legally sound, clearly expressed and tailored to your personal circumstances, including any tax planning considerations, business succession issues or vulnerable beneficiaries.

The cost of making a Will varies depending on the complexity of your estate and your personal circumstances. For a straightforward Will, you might expect to pay between £150 and £300 per person. More complex Wills involving trusts, business assets or tax planning may cost £500 or more.

While this might seem expensive compared to a DIY Will kit, the cost of getting it wrong can be far greater. An invalid or poorly drafted Will can result in expensive legal disputes, unintended tax liabilities or your estate being distributed in ways you never intended.

Making a Will is one of the simplest and most important things you can do to protect your family’s future. At Franklins, we make the process straightforward, respectful and secure.

Whether you are making a Will for the first time or updating an existing one, we provide clear, practical advice every step of the way.

To arrange a consultation with our private client team at our Northampton or Milton Keynes office, contact us today.

When one party fails to meet their contractual obligations, it can cause serious financial and operational disruption to your business. Knowing how to identify, respond to and resolve a breach of contract is essential for protecting your commercial interests.

A breach of contract occurs when one party fails to perform a term of the agreement without lawful excuse. This may include:

Not every breach is the same. The consequences depend on which type of term has been breached.

A condition is a fundamental term that goes to the heart of the contract. If a condition is breached, the innocent party can:

For example, if a supplier fails to deliver goods at all, this is likely a breach of condition.

A warranty is a less important term. If a warranty is breached, the innocent party can claim damages but cannot terminate the contract.

For example, minor defects in goods that do not prevent their use may constitute a breach of warranty only.

This is a serious breach that deprives the innocent party of substantially the whole benefit of the contract. It entitles the innocent party to treat the contract as at an end and claim damages for both the breach and the early termination.

Care must be taken before terminating. If you wrongly terminate a contract, you may be in breach yourself and face a claim for damages.

The remedies available depend on the nature of the breach and its impact.

Damages are financial compensation for losses suffered. The aim is to put the innocent party in the position they would have been in had the contract been properly performed.

There are two main types of damages:

Some contracts include liquidated damages clauses, which specify the amount payable for certain breaches (typically late completion). These are common in construction and manufacturing contracts.

Liquidated damages clauses are enforceable if they represent a genuine pre-estimate of loss. If the clause is a penalty (designed to punish rather than compensate), the court will not enforce it.

Specific performance is a court order requiring the breaching party to fulfil their contractual obligations. This remedy is only available where damages would be inadequate compensation.

Specific performance is most commonly ordered in contracts for the sale of land or unique goods. It is rarely available for contracts for personal services or where supervision of performance would be required.

An injunction is a court order either preventing a party from doing something (prohibitory injunction) or requiring them to do something (mandatory injunction).

Injunctions are commonly used to prevent:

Like specific performance, injunctions are equitable remedies granted at the court’s discretion.

If the breach is sufficiently serious (breach of condition or repudiatory breach), the innocent party may be entitled to terminate the contract.

Termination releases both parties from future performance but does not affect rights and obligations that have already accrued. The innocent party can still claim damages for losses suffered up to the date of termination and for loss of future performance.

Rescission cancels the contract and returns both parties to their pre-contractual positions. This remedy is available for misrepresentation or where the contract was entered into by mistake or duress.

Rescission is different from termination. It treats the contract as if it never existed, whereas termination recognises the contract existed but ends it going forward.

The innocent party has a duty to take reasonable steps to mitigate (reduce) their loss. Failure to mitigate can reduce the damages recoverable.

For example, if a supplier fails to deliver goods, the buyer should attempt to source alternative goods elsewhere rather than sit back and claim for all consequential losses.

The duty to mitigate does not require the innocent party to take extraordinary steps or incur significant expense. Reasonableness is assessed based on the circumstances.

Many commercial contracts include limitation of liability clauses that cap or exclude certain types of damages. Common limitations include:

These clauses are subject to the Unfair Contract Terms Act 1977 and must satisfy a test of reasonableness. Certain liabilities (such as fraud, death or personal injury) cannot be excluded.

If you suspect a breach of contract, these steps can help protect your position:

Check the relevant clauses, including:

Retain all relevant documentation, including:

Delays can weaken your ability to enforce rights. Some contracts impose strict time limits for giving notice of breach or making claims.

Decide whether your priority is to:

The right advice can preserve business relationships and avoid costly escalation. A solicitor can advise on:

Not every breach leads to litigation. Alternative dispute resolution can often resolve disputes more quickly and cost-effectively.

Direct discussions between the parties, with or without legal representatives. This is often the fastest and cheapest route.

A neutral mediator helps the parties reach a negotiated settlement. Mediation is non-binding unless a settlement is reached.

Common in construction contracts, adjudication provides a quick interim decision that is binding until the dispute is resolved through arbitration or litigation.

If the contract includes an arbitration clause, disputes must be referred to arbitration rather than court. Arbitration provides a private, binding decision.

Court proceedings may be necessary where other methods fail. Litigation provides a binding judgment but is typically the most expensive and time-consuming option.

Contract claims are subject to limitation periods under the Limitation Act 1980:

Once the limitation period expires, you lose the right to bring a claim. It is important to seek advice promptly to avoid missing deadlines.

Probate disputes involving the removal of a PR can be highly sensitive and emotionally charged, especially when family members are involved. They often overlap with other inheritance disputes, such as claims under the Inheritance (Provision for Family and Dependants) Act 1975 or challenges to the validity of the will.

If a breach of contract is disrupting your business, our contract disputes team can help you assess your position, understand your remedies, and take effective steps to protect your interests.

Contact us on 01604 344562 (Northampton) or 01908 916096 (Milton Keynes), or email info@franklins-sols.co.uk.

When someone dies, the person appointed to administer their estate, known as the personal representative (PR), has significant legal responsibilities.

But what happens if that person is acting improperly, negligently or is simply no longer fit to carry out the role?

A personal representative can be removed by the court in certain circumstances.

A personal representative may be:

They are responsible for collecting the deceased’s assets, settling debts and taxes and distributing the estate according to the will or intestacy rules.

While most PRs carry out their duties diligently, problems can arise when they:

Before considering removal proceedings, it’s important to understand that executors can resign in certain circumstances through a process called renunciation.

Renunciation is only possible if the executor has not yet started actively dealing with the estate (known as “intermeddling”). This means they have not taken steps such as selling assets, paying debts or collecting estate funds. Once an executor has begun administering the estate, they cannot simply resign. Renunciation requires signing a formal deed of renunciation.

If an executor has already started acting but wishes to step down, or if they refuse to resign despite problems arising, court proceedings for removal may be necessary.

Yes. The courts have power to remove a PR under section 50 of the Administration of Justice Act 1985. The key consideration is always the interests of the beneficiaries and the proper administration of the estate.

It is not enough to simply dislike a PR or disagree with their decisions. The court must be satisfied that their continued role would jeopardise the proper management of the estate.

Estate administration typically takes between six and twelve months (sometimes referred to as the “executor’s year”), though complex estates may take longer. Courts recognise that executors must act carefully and prudently. However, unreasonable delay beyond what is necessary for proper administration can be grounds for removal, particularly where beneficiaries are suffering financial loss.

The standard expected of executors varies. Professional executors (such as solicitors or accountants acting in that capacity) are held to a higher standard than family members acting in a lay capacity. This distinction matters when assessing whether an executor’s conduct amounts to incompetence or breach of duty.

Litigation should be a last resort. Before pursuing removal proceedings, beneficiaries should:

Request information about the estate’s administration, including details of assets, liabilities and the proposed distribution timeline.

Executors must keep beneficiaries “reasonably informed” about the estate’s progress. This duty gives executors some discretion, but they cannot simply refuse to provide basic information about the administration.

Threatening immediate legal action is rarely productive. If the executor is simply slow or poor at communicating, requesting information and offering assistance (such as suggesting professional help at the estate’s expense) may resolve the issue.

Applications for removal are stronger when supported by all or a clear majority of beneficiaries rather than a single dissatisfied individual.

The process usually involves:

In urgent cases, an interim order may be sought to prevent further mismanagement pending a full hearing. The court has wide discretion and may remove one or all PRs if necessary.

Executors are normally entitled to have their reasonable costs of estate administration paid from the estate funds. This includes legal costs for dealing with legitimate estate disputes where they act reasonably.

However, executors who act unreasonably or in their own interests rather than the estate’s interests risk losing this indemnity. If the court finds that an executor has defended removal proceedings unreasonably or conducted the litigation as a personal dispute rather than an estate matter, the executor may be ordered to pay costs personally.

This can result in:

Before defending removal proceedings, executors should carefully consider whether their opposition serves the estate’s interests or their own, and should seek early legal advice about the risks involved.

Probate disputes involving the removal of a PR can be highly sensitive and emotionally charged, especially when family members are involved. They often overlap with other inheritance disputes, such as claims under the Inheritance (Provision for Family and Dependants) Act 1975 or challenges to the validity of the will.

At Franklins Solicitors, our dispute resolution team works closely with our wills, trusts and probate department to handle contested probate matters with care, professionalism and efficiency. If you believe a personal representative is failing in their duties, or you are a PR facing challenge, we can guide you through the legal process and protect your interests.