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Wills and testaments in Margate are governed by the law of England and Wales. That means the core legal rules about making a valid will, how estates are administered after death, and how disputes are resolved are the same in Margate as elsewhere in England and Wales. Local considerations - such as the nearest registration office for deaths, local solicitors, and practical support services - are specific to Margate and the surrounding Kent area, but the substantive legal framework is national.
Making a will lets you decide who inherits your assets, appoint executors to handle your estate, and set directions for guardianship of minor children and the distribution of personal possessions. Without a valid will, your estate will be distributed under the intestacy rules, which may not reflect your wishes.
You do not always need a lawyer to make a simple will, but legal help is strongly advisable in many situations to reduce the risk of mistakes, challenge and delay, or unintended tax consequences. Common situations where people seek a lawyer include:
- Complex family arrangements, such as blended families, second marriages, or disputes between stepchildren and biological children.
- Significant assets, including property, business interests, pensions, and overseas assets, where administration and tax planning are more complicated.
- Planning to reduce inheritance tax liability, including the use of trusts, lifetime gifts, or business or agricultural reliefs.
- Concern about capacity or undue influence whether now or after death, or where the testator is elderly or has medical conditions that may later raise questions about validity.
- Disinheriting a close family member where the risk of a successful family provision claim may be greater.
- Appointing or removing executors, creating complex trusts, or drafting specific testamentary trusts for vulnerable beneficiaries.
- When an executor needs legal assistance administering the estate, applying for probate, or dealing with claims against the estate.
Key legal points to understand when planning or executing a will in Margate are the same as those across England and Wales. Important principles include:
- Validity requirements: To be valid, a will must be in writing, signed by the person making it (the testator), and witnessed by two people who are both present when the signature is made. Witnesses should be over 18 and ideally not beneficiaries or spouses of beneficiaries, because gifts to those witnesses may be void.
- Testamentary capacity and intent: The testator must have the mental capacity to understand the nature and effect of making a will, the extent of their property, and the claims of potential beneficiaries. The established legal test comes from case law such as Banks v Goodfellow.
- Intestacy rules: If you die without a valid will, the intestacy rules decide who inherits. These rules prioritise spouses and close blood relatives. Unmarried partners commonly do not inherit under intestacy, which is a frequent and serious problem for cohabitants.
- Probate and administration: Estates often require a grant of probate or letters of administration before banks and other institutions will release assets. Probate applications are made through the national Probate Service and the courts system. Local practical steps, such as registering a death with the Thanet registrar and arranging funerals, are handled locally.
- Effects of marriage, civil partnership, divorce and separation: In general, marriage revokes a will made before the marriage unless the will was made in contemplation of that marriage. Civil partnership formation has similar effects. Divorce or dissolution does not automatically revoke the whole will, but the former spouse is usually treated as if they predeceased the testator for purposes of intestacy and gifts in the will.
- Inheritance Tax and reliefs: Inheritance Tax rules apply across England and Wales. There is a nil-rate band and a residence nil-rate band that can reduce IHT exposure for qualifying estates, and certain reliefs may apply to business or agricultural property. Gifts may be chargeable if they fall within certain periods prior to death.
- Local practical points: For day-to-day matters in Margate you will deal with local institutions such as registrars, funeral directors, and local solicitors regulated by the Solicitors Regulation Authority. Charities, local advice organisations and the Kent community services can provide practical support.
To make a valid will you must be 18 or over and have the necessary mental capacity. The will must be in writing, signed by you, and witnessed by two independent witnesses who both watch you sign. The witnesses should not be beneficiaries, and it is best to store the original in a safe place such as with your solicitor or a wills storage service.
Yes, many people use templates or online will-writing services for simple estates. However, errors in wording, incorrect witnessing, and failure to consider tax or cross-jurisdictional issues can cause serious problems. If your affairs are more than modestly straightforward, seek legal advice to reduce the risk of disputes and costly estate administration problems.
If a person dies intestate (without a valid will), their estate is distributed under the statutory intestacy rules. Those rules prioritise spouses and blood relatives. Unmarried partners and some other intended beneficiaries may receive nothing, so making a will is important when you want to ensure a particular person benefits.
Not always. An executor may apply for probate themselves, particularly for straightforward estates. Many executors prefer to instruct a solicitor, especially if the estate is complex, involves foreign assets, disputes among beneficiaries, or complicated tax returns, because legal help can speed matters and reduce the risk of errors or personal liability.
The time to obtain a grant of probate and administer an estate varies widely. A simple estate with no disputes may be dealt with in a few months. More complex estates, those with tax issues, or those that attract challenges can take a year or longer. Prompt gathering of documents and professional help can reduce delays.
Inheritance Tax is payable by the estate before distribution to beneficiaries. Executors are responsible for arranging the tax calculation and payment. Some assets may be exempt or relieved, and certain use of trusts or lifetime gifts can reduce liability. Proper planning while alive can help to reduce the tax bill.
You can leave property to an unmarried or non-civil-partnered partner by naming them in your will. If you die without a will, that partner usually has no automatic rights under intestacy. If you want to protect your partner, you must make a valid will specifying their entitlement.
Include clear nominations of beneficiaries, details of specific gifts, identification of residual beneficiaries, appointment of executors and backup executors, guardians for minor children if relevant, directions for funeral arrangements, and any trusts you wish to create. Also include provision for digital assets and important account details so executors can locate property.
Yes. Common grounds for challenge include lack of testamentary capacity, undue influence or fraud, improper execution, or claims under the Inheritance (Provision for Family and Dependants) Act 1975 by those who did not receive reasonable financial provision. Time limits apply to bringing claims, so seek legal advice quickly if you think a will is invalid or unfair.
Store the original will in a safe place and tell your executor where it is. Many people keep wills with their solicitor, in a bank safe deposit box, or with will-storage services. Avoid hiding the only copy in obscure places where it may be lost or destroyed. Make sure executors know how to access it after your death.
For authoritative guidance and local support, the following organisations and bodies can help:
- HM Courts and Tribunals Service - administers probate matters and issues guidance about grants of probate and letters of administration.
- GOV.UK - offers official, plain-English guidance on wills, probate and inheritance tax applicable across England and Wales.
- The Law Society - for finding solicitors in Margate and checking solicitor credentials and practice areas.
- Solicitors Regulation Authority - for information about solicitor regulation and how to raise concerns about a solicitor.
- Citizens Advice - provides free general advice on wills, probate and dealing with estates, often with local Thanet or Kent bureaux.
- Age UK - offers practical guidance and services that may help older people with will planning and welfare matters.
- Solicitors for the Elderly - a professional association of solicitors who specialise in later-life issues including wills, estate planning and powers of attorney.
- STEP - Society of Trust and Estate Practitioners - for specialist advice on trust and estate matters and for finding qualified advisers on complex estates.
- Thanet District Council - for local services such as death registration and local registrars in Margate.
If you need legal assistance with a will in Margate, use this practical checklist to get started:
- Gather relevant documents such as asset lists, property deeds, bank and investment statements, pension details, and family information including marriage certificates and details of any previous divorces or civil partnerships.
- Decide on your priorities - who you want to benefit, who you want as executors, whether you need guardians for children, and whether you need trusts or tax planning.
- Contact local solicitors or a specialist wills and estates adviser. Ask for an initial explanation of services, whether they charge fixed fees or hourly rates, and whether they will provide a written client care letter outlining the work and costs.
- Consider free or low-cost initial advice from Citizens Advice or local legal clinics if your estate is straightforward or if you need direction before committing to paid advice.
- Arrange to have your will drafted or reviewed by a qualified professional if your situation is complex, you own property overseas, you run a business, or you want to incorporate tax planning or trusts.
- Execute the will correctly with two suitable witnesses and store the original safely. Inform your executor where the will is kept and keep an up-to-date list of key documents and contact details.
- Review your will periodically and after major life events such as marriage, divorce, birth of children, changes in assets, or moves abroad to ensure it still reflects your wishes.
If you are unsure where to start, make an appointment with a solicitor who specialises in wills and probate. They can provide a clear assessment of your needs, explain likely costs, and prepare a legally sound document that protects your wishes and minimises the risk of disputes.
