Category: Wills and Probate

Contesting a will is a legal process where eligible individuals challenge the validity of a deceased person’s will in probate court, based on specific legal grounds. Not everyone can contest a will as there are certain requirements that someone has to fulfil in order to contest a will. The person must have legal standing which is a direct financial interest that would change if the will were invalidated. Those with his legal standing typically include heirs-at-law, beneficiaries of a prior will who were cut out or received less than the previous will and some limited cases for estate creditors. Close friends or distant relatives without a financial stake are unable to contest a will.

Process of contesting a will

A will cannot simply be contested because an individual does not agree with it. A will can only be contested for official legal reasons. One of these reasons is lack of testamentary capacity which refers to circumstances where the testator was not mentally competent upon writing the will which may have impacted their ability to write a will with understanding of their property, relatives or the consequences of their will. Another reason would be undue influence which is when a testator is coerced or manipulated into making a will that conflicts their true intentions. There is also fraud or forgery which is when the will is created by someone else or when the signature is forged. In other instances, the existence of a newer will could also supersede the contested one.

In attempting to contest a will, an individual must first ensure that they are eligible to contest the will by first checking if they fall under the category of people who are eligible to contest a will. They must then gather valid evidence to support their claim which will then be used when they submit their case to the court which is handling the deceased person’s will within the statutory deadline which varies. The challenger of the will then presents their argument in an attempt to prove the invalidity of the will. However, it is important to note that some wills have a clause that penalises unsuccessful challenges to the will which could result in the potential stripping of any inheritance in the case that the challenge is deemed invalid.

Potential risks of challenging a will

As contesting a will requires am argument to be presented to the court that is handling the will of the testator, it can be both time consuming and costly, with the combination of legal representation and court fees. The need to attend court hearing also takes time and can result in a high stress situation for the challenger of the will. The risk of an unsuccessful challenge also adds to this daunting stress as there is a risk that the challenger ends up losing all of their inheritance, especially with no-contest clauses. Furthermore, the court will generally favour the natural presumption that the will does in fact reflect the testator’s true intentions which requires the need for strong evidence to be presented. This difficult nature of challenging a will makes it a difficult process which is why it is recommended to seek legal advice in advance when deciding whether it may be beneficial to challenge a will.

Overview of challenging a will

In essence, contesting a will is a complex legal process which requires the challenger to have compelling evidence that covers the valid grounds for challenging a will. If a challenger believes that they have a legitimate claim and they are eligible to challenge a claim, it is important that they are able to provide sufficient evidence to support their claim in order to convince the court that is dealing with the will that the testator’s will does not truly reflect their intentions and desires.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

The Best Community Contribution award recognises organisations that go beyond their core services to make a meaningful, positive impact within their communities. It highlights businesses that place people, ethics, and responsibility at the heart of what they do — not just results.

For us at Aston Bond, this award reflects the care, time, and commitment our team puts into supporting families during what can often be very difficult and emotional circumstances. Our work in probate research goes beyond technical expertise; it’s about acting with integrity, transparency, and respect, and ensuring people feel supported every step of the way.

We believe that doing the right thing should always come first. This recognition is not just about good business practices, but about genuine community contribution — helping people, working ethically, and making a real difference where it matters most.

We are incredibly proud of our team, whose dedication and compassion make this work possible every day.

Receiving this award is a meaningful reminder that how we work is just as important as what we achieve.

We are delighted to share some fantastic news from the Private Client team at Aston Bond. Lara has officially become a full member of the Society of Trust and Estate Practitioners (STEP)—a significant and highly respected milestone within the profession.

A Prestigious Accomplishment

STEP is the leading global body for professionals in trusts, estates, and private client matters. Full membership is widely recognised as a mark of technical excellence, rigorous training, and a deep commitment to the highest professional standards.

By completing the STEP Diploma in Trusts and Estates (England and Wales), Lara has demonstrated not only mastery of complex legal and tax matters but also her dedication to ongoing professional development.

What This Means for Lara

This accomplishment reflects Lara’s drive to continually expand her knowledge in an ever-evolving area of law. Achieving full STEP membership is a testament to her hard work, expertise, and passion for providing exceptional legal support to individuals and families.

What This Means for Aston Bond

At Aston Bond, we pride ourselves on delivering high-quality, forward-thinking legal services. Lara’s qualification strengthens our Private Client department even further, enhancing our ability to advise on:

• Wills and inheritance planning
• Trust creation and administration
• Estate administration
• Complex family wealth structures
• Cross-border issues

Her STEP accreditation reinforces our commitment to excellence and reflects the ongoing investment we make in our people.

What This Means for Our Clients

For clients, Lara’s full STEP membership offers added reassurance that they are receiving advice from a highly skilled, accredited specialist. The qualification ensures that Lara is equipped with the most up-to-date knowledge in the field, enabling her to deliver clear, reliable, and strategically sound guidance.

Clients can expect:

• Enhanced technical expertise
• Improved efficiency and accuracy
• A deeper understanding of complex estate and tax matters
• Continued professionalism and empathy in every engagement

Join Us in Congratulating Lara

We are incredibly proud of Lara’s achievement and look forward to seeing her continue to flourish in her role. Please join us in congratulating her on this well-deserved milestone.

Congratulations, Lara—from all of us at Aston Bond.

At Aston Bond, we’re delighted to announce that we have been recognised among the top 10% of UK firms for Wills, Trusts & Probate.

Why this matters

This isn’t just a badge or a passing mention – being ranked in the top 10% means:

• Expertise recognised at the highest level: We’re operating at a level very few firms reach, meaning your estate planning, your legacy, your trusts and probate matters are being handled by a team that stands among the best in the country.

• Confidence and reassurance for clients: When you choose Aston Bond, you’re not just selecting a good firm — you’re choosing one of the elite. That brings real peace of mind in what can often be an emotionally and legally complex area.

• Commitment to excellence: This ranking reflects our dedication to staying ahead, delivering clear advice, working with integrity and achieving outcomes that truly meet our clients’ needs.

• Smart planning for the future: Wills, trusts and probate are crucial issues — they shape how your wishes are carried out, how your loved ones are supported and how your legacy is preserved. Being top-tier means we are ideally positioned to help you get it right.

What this means for you

• When you instruct us, you’re working with a team that’s among the best in its field in the UK.

• You’ll benefit from a service built on award-level standards, where detail matters, planning is proactive, and your individual goals are front-and-centre.

• Whether you’re writing a will, setting up a trust, arranging for probate or safeguarding your assets for future generations, you can trust that you’re in very capable hands.

Looking ahead

We’re not resting on our laurels. Our commitment to you is that we will keep raising the bar — investing in expertise, making sure our processes are robust, our advice is tailored and our support is exceptional. Because being in the top 10% isn’t just about today — it’s about continuously delivering for you tomorrow.

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Thank you to our clients for your trust. And if you’ve been thinking of reviewing your will, setting up a trust or getting ready for the future, now’s a great time to talk. We’re ready when you are.

We’re thrilled to share some exciting news — our firm has been recognised among the top 10% in the UK for Wills, Trusts & Probate services.

This recognition means so much to us because it reflects not just the quality of our legal expertise, but the trust and confidence that our clients place in us every day.

A Thank You to Our Clients

We couldn’t have achieved this without our incredible clients. Your ongoing trust, feedback, and recommendations drive us to deliver the very best service possible. Helping individuals and families plan for the future — ensuring peace of mind and protecting what matters most — is truly at the heart of what we do.

A Team Dedicated to Excellence

This achievement is also a testament to the dedication and professionalism of our team. A special thank you to Lara Thomas and Stacey Clark, whose knowledge, compassion, and commitment to excellence continue to set the highest standards in Wills, Trusts & Probate work. Their care and attention to every detail ensure that each client receives tailored advice that truly meets their needs.

Our Commitment Going Forward

Recognition like this motivates us even more to keep raising the bar. We’ll continue to provide expert guidance in:

• Wills & Estate Planning – helping clients protect their assets and loved ones.
• Trusts – structuring and managing trusts to provide security for future generations.
• Probate – offering clear, compassionate support during what can often be a difficult time.

Thank you again to our clients and our team for making this possible. Here’s to continuing to build trust, deliver excellence, and remain among the UK’s leading specialists in Wills, Trusts & Probate.

Sometimes people can find themselves in a situation where they are suddenly taken very ill unexpectedly, and they may not have a Will in place to dispose of their assets after their death.

It is not too late to prepare a Will in this situation, provided the individual still has mental capacity.

Unfortunately, many Wills can be invalid as the Testator (the person making the Will) has not executed it properly, which may be due to failing health or the Testator does not know the legal requirements to execute a Will correctly. 

In a situation where death is imminent, Wills can be prepared in a hasty manner and mistakes can be made.  It is therefore very important that an experienced lawyer is instructed to assist in these situations to avoid any errors taking place and to help the Testator make their intentions clear.

‘Deathbed’ Wills can potentially be challenged by disgruntled beneficiaries that maybe didn’t get what they expected, or even nothing at all.  They might try to argue that the Testator lacked mental capacity or was under undue influence. 

This is another reason why it is important to have an experienced lawyer assist in the preparation of the Will, as they can document the situation and make it clear that the Testator was fully aware of what they were doing and there was no undue influence on them, which can be used in Court as evidenced if the Will was challenged later.

Should you require any further information regarding Wills then please do not hesitate to contact us on 01753 486777 or email lthomas@astonbond.co.uk our Private Client Solicitor.

Losing a loved one is already a challenging experience, and dealing with the legalities that follow can add additional stress to an already difficult time.

One crucial aspect that individuals often overlook is the importance of having a will.

Unfortunately, many people pass away without having a will in place, leaving their estate subject to the rules of intestacy.

This is called dying intestate.

The deceased’s living relatives are placed into an order of priority. This dictates who inherits the money, property, and assets in the estate, and in what proportion.

For example, where there is a spouse or civil partner and no children, that spouse or civil partner will inherit everything.

If there is both a surviving spouse and children then the surviving spouse receives a statutory legacy of £270,000, anything else above this is split 50% to the spouse and 50% to the children and if more than one in equal shares. Any assets that are owned jointly pass automatically to the surviving joint owner.

In the event of there being no spouse or children or grandchildren, the estate passes to the deceased’s parents. Should there be no parents alive then the estate will pass to the siblings of the deceased or their nieces and nephews should their siblings have also sadly predeceased.

Other relatives may have a right to inherit if the person who died intestate had no surviving spouse or civil partner, children, grandchildren, great grandchildren, parents, siblings or nieces or nephews. This would be grandparents, uncles and aunts or cousins in priority order.

In the event that someone dies without any living relatives left to inherit their estate, it goes to The Crown. That means the estate is then dealt with by The Treasury Solicitor.

There are many potential complications and unintended consequences which could arise due to not having a will in place.

This includes:

• Delays and Expenses:

The absence of a will can result in delays as the court appoints an administrator to oversee the distribution process. This may lead to increased costs, including legal fees, and prolonged probate proceedings.

• Unintended Beneficiaries:

The estate passing under the rules of intestacy may mean your estate being distributed to relatives you may not have intended to inherit. Close friends, charitable organizations, or individuals outside the family may miss out on receiving any part of your estate.

•  Family Disputes:

Intestate succession can sometimes create disagreements among family members, especially when the distribution of assets does not align with their expectations. This can strain relationships and lead to costly legal battles.

Make a will today!

Writing a Will shows that you have considered what you want happening when the time comes. A Will empowers your family and loved ones to act swiftly with your own wishes. Without a Will, any wishes you have verbally expressed during your lifetime may not be upheld, as your estate must be distributed according to the rules of intestacy.

If you would like to make a Will, contact our Wills and Probate Solicitor Lara Thomas at lthomas@astonbond.co.uk or call 01753 486777.

Planning for the future is not just about your own well-being; it’s also about ensuring the financial security and protection of your loved ones.

As a loving and responsible family member, it’s natural to want to protect your loved ones and ensure their well-being in the future. This involves careful planning and proactive measures.

In this article, our Private Client team will explore essential steps and considerations to help you navigate the estate planning process and safeguard your family’s future.

1. Create a detailed will

A Will is a legal document that sets out instructions for who will inherit your estate after you die.

It includes how you would like your possessions to be distributed; who should bring up your children and what sort of funeral you would like.

A Will is essential to secure your future and, if arranged properly, can help protect your family assets for your loved ones. It is something all of us should have in place.

What should I include in my will?

Funeral wishes – do you wish to be buried or cremated? Including this in your Will avoids your loved ones having to make the decision.

Executors – who do you trust to administer your estate? They can be family or friends (including those inheriting) or they can be professionals.

Guardians – if you have children under the age of 18 who will they live with

Personal belongings – do you have any personal items that you would like to leave to anyone specifically? The answer can be no.

Fixed Cash Gifts – would you like to leave someone a specific amount? This could be a small amount left to grandchildren.

2. Create a comprehensive Estate plan

Estate planning is essential to make sure your wealth is protected for you and your family. By structuring your assets in an efficient way, you can make sure everyone is provided for in the future.

Every family is different and every estate is unique. We understand this and create a bespoke plan that works for you and what you want to achieve.

3. Communicate your plan

You should discuss your financial and estate plans with your family members and share important information such as the location of legal documents and contact details of the professionals involved.

4. Create an LPA ( lasting power of attorney)

A Lasting Power of Attorney (LPA) is a powerful legal document that can play a significant role in protecting your family’s future. It allows you to appoint trusted individuals (known as attorneys) to make decisions on your behalf should you become unable to do so yourself.

It empowers trusted individuals to make decisions on your behalf, ensures your wishes are respected, avoids court proceedings, minimizes family disputes, and provides peace of mind for you and your loved ones.

Protecting your family’s future requires careful consideration, planning and action. That’s why taking proactive steps today will provide invaluable peace of mind and ensure a secure and stable future for your loved ones.

For more information please contact us on 01753 486 777 or email our Private Client solicitor on lthomas@astonbond.co.uk.

What is inheritance tax (IHT)?

Inheritance tax is a 40% tax applied after a person dies to estates that are worth over £325,000.00 – or more if a home or the sale proceeds of a home are included.

However, you only get your full 325,000 if you haven’t made any gifts in the seven years before your death.

If you pass your estate to your spouse, it is exempt. You can inherit your predeceasing spouses’ 325.000 if not used and apply this so 650k can pass before it is chargeable.

You get an additional 175.000 if your estate passes to lineal descendants and includes a property.

What’s included in the estate?

The value of your estate for the purpose of inheritance tax includes:

• your savings
• possessions including property
• pension funds (certain payments from payment funds may be subject to Inheritance Tax)
• subject to certain exemptions, the value of any money or property you gave away during the seven years prior to death

The first £325,000 of your estate is tax-free so the 40% tax only applies to anything that goes over this value.

How to plan for inheritance tax?

Deciding how to manage your inheritance tax bill is completely up to you. Here are some ways you can plan for it:

• Make charitable donations: Charitable donations made during your lifetime or through your will can reduce your taxable estate. Consider leaving a portion of your assets to a charitable organization you support.

• Gift assets during your lifetime: One way to reduce the amount of inheritance tax your beneficiaries may have to pay is to give assets away during your lifetime. Under the current law, you can give up to a certain amount each year to an individual. By gifting assets while you’re still alive, you can reduce the size of your estate and potentially lower the tax bill for your heirs.

• Creating a will – This can help reduce inheritance tax by allowing you to plan how your assets will be distributed after your death. Ensure that your estate is distributed according to your wishes: If you do not have a will, your estate will be distributed according to the laws of your state or country. This may not be in line with your wishes and may result in a higher inheritance tax bill.

Inheritance tax can be an emotional subject, but there is support available.

For more information, have a conversation with our expert solicitor Lara Thomas on lthomas@astonbond.co.uk or 01753 486777 to understand the steps to deal with it effectively.