Wills, trusts and probate lawyers

Find an estate planning lawyer for your will and trust

An estate planning lawyer makes sure your wishes are followed, your family is looked after and your estate passes on with as little tax, cost and stress as possible. They also help families through probate after someone dies.

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What an estate planning lawyer does

  • Wills: who gets what, who is in charge (the executor) and who looks after your children (guardians)
  • Trusts, including living trusts in the USA that can avoid probate, and trusts for children or vulnerable relatives
  • Power of attorney: who can make financial and health decisions if you cannot (a durable power of attorney in the USA, a lasting power of attorney in the UK)
  • Health care directives and living wills
  • Estate and inheritance tax planning
  • Probate and estate administration after a death
  • Business succession for owners of family companies

Do you need a lawyer, or will a DIY will do?

A simple online or DIY will can work if your affairs are very simple. A lawyer is worth it if you own property in more than one country, have children from more than one relationship, run a business, have significant savings or retirement accounts, want to leave money to someone vulnerable, or are worried someone may challenge the will.

Home-made wills often fail on technical points, such as the wrong number of witnesses, or a beneficiary acting as a witness. A will that is not valid means your estate passes under the default intestacy rules, which may not match what you wanted. You can also find legal document templates on My Legal Hub.

What is probate?

Probate is the legal process of proving a will is valid and giving the executor authority to collect the assets, pay debts and taxes, and distribute what is left. In the USA it is handled by state courts and the process varies by state; assets in a living trust usually pass outside it. In England and Wales, the executor applies for a grant of probate, or letters of administration if there is no will.

A probate lawyer can handle the whole estate or just the parts you find difficult, such as tax returns, selling a property or dealing with a dispute between family members.

What to prepare before you meet

  • A list of your assets: home and other property, bank and retirement accounts, pensions, investments, life insurance, business interests
  • Any debts, such as a mortgage or loans
  • Who you want to benefit, and any gifts of specific items or amounts
  • Who you would trust as executor and, if you have young children, as guardian
  • Any existing will, trust or power of attorney
  • Property or accounts you hold in another country

How estate planning lawyers charge

Wills, powers of attorney and standard estate plans are commonly charged as a fixed fee, so ask for a package price. Trusts and complex planning cost more. Probate may be charged by the hour, as a fixed fee, or in some places as a percentage of the estate. Always ask for the fee basis in writing before you start.

Tell us what you need

Free and no obligation. We pass your request to up to 3 suitable lawyers, and they contact you directly.

Common questions

How much does a will cost with a lawyer?

A simple will is often charged as a fixed fee and is usually one of the more affordable legal services. Couples often get a discount for mirror wills. Wills with trusts, foreign property or business interests cost more. Ask for a written quote.

What happens if I die without a will?

Your estate is shared out under the default "intestacy" rules where you live. These may not match your wishes. For example, unmarried partners may get nothing, and a court will decide who looks after your young children.

What is the difference between a will and a trust?

A will takes effect when you die and usually passes through probate. A trust can take effect during your life, holds assets for beneficiaries under rules you set, and in the USA a living trust can often avoid probate. Many people use both.

How often should I update my will?

Review it every few years and after any big life change: marriage, divorce, a new child or grandchild, a death in the family, buying property or a move abroad. In some places, getting married can cancel an existing will.

Do I need a lawyer for probate?

Not always. Executors can handle simple estates themselves. A lawyer is worth it if the estate includes property, a business, foreign assets, significant tax, or if family members disagree.

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