Why a Professionally Drafted Will Can Save Months
When someone dies, their loved ones face the daunting task of administering their estate through probate. Whilst grieving families often ask “How long will this take?”, the answer largely depends on one crucial factor that was entirely within the deceased’s control: whether they left a properly drafted, professional will.
The difference between having a well-prepared will and having no will at all can mean the difference between a 6-month process and a 2-year ordeal. Here’s everything you need to know about probate timelines and why investing in a professional will is one of the most important gifts you can give your family.
The Stark Reality: With vs. Without a Professional Will
With a Professional Will: 4-8 Months
When someone dies leaving a professionally drafted will that clearly identifies executors, beneficiaries, and assets, probate typically takes 4 to 8 months. The process runs smoothly because everything is documented, legal requirements are met, and there’s little room for confusion or dispute.
Without a Will (Intestacy): 12-24 Months
When someone dies without a will, the process becomes significantly more complex. The court must appoint administrators, beneficiaries are determined by intestacy rules rather than personal wishes, and the entire process can take 12 to 24 months or longer.
With a Poorly Drafted Will: 12+ Months
Perhaps worst of all is a homemade or poorly drafted will. These often create more problems than having no will at all, leading to legal challenges, confusion over intentions, and lengthy court proceedings.
Why Professional Wills Dramatically Speed Up Probate
Clear Executor Appointment
A professional will clearly names executors and often includes substitute executors if the first choice cannot serve. This eliminates delays in determining who has the authority to act on behalf of the estate.
Precise Asset Identification
Professional will writers help identify and properly describe assets, reducing the time executors spend tracking down property, investments, and belongings. They also ensure digital assets and modern investment vehicles are properly covered.
Tax-Efficient Planning
Professionally drafted wills often include inheritance tax planning strategies that not only save money but also simplify the tax calculations and reduce processing time.
Dispute Prevention
Professional wills are drafted to minimise ambiguity and include provisions that help prevent family disputes. They often include explanatory letters that help family members understand the reasoning behind decisions.
The Probate Timeline Breakdown
Stage 1: Initial Steps (1-4 weeks)
With a Professional Will: 1-2 weeks
- Death registration and certificates obtained quickly
- Will is easily located (often held by solicitors)
- Executors are clearly identified
- Assets are well-documented
Without a Will: 3-4 weeks
- Additional time needed to determine who can act as administrator
- Court application required to appoint administrators
- More complex process to identify all assets
Stage 2: Information Gathering (2-12 weeks)
With a Professional Will: 2-4 weeks Professional wills often include asset schedules and clear instructions, making it much easier to contact relevant institutions and gather valuations.
Without a Will: 8-12 weeks Administrators must conduct extensive searches to identify all assets, debts, and potential beneficiaries. This detective work is time-consuming and often incomplete.
Stage 3: Probate Application (3-8 weeks)
With a Professional Will: 3-4 weeks Clear documentation and proper legal structure mean forms can be completed accurately the first time, reducing back-and-forth with tax authorities.
Without a Will: 6-8 weeks Intestacy cases require additional documentation and often result in queries from tax authorities, extending processing time.
Stage 4: Estate Administration (2-8 months)
With a Professional Will: 2-4 months Clear instructions for distribution, named beneficiaries, and often established trusts or specific bequests make distribution straightforward.
Without a Will: 6-8 months Intestacy rules may not align with family expectations, leading to disputes and delays. The rigid legal framework often requires court approval for various actions.
The Hidden Costs of Not Having a Professional Will
Family Disputes and Legal Challenges
Homemade wills are far more likely to be challenged in court. Common problems include:
- Unclear language leading to interpretation disputes
- Missing signatures or witnesses
- Failure to properly revoke previous wills
- Inadequate provision for family members who might claim under inheritance laws
These challenges can add 12-24 months to probate and cost tens of thousands of pounds in legal fees.
Intestacy Complications
When someone dies without a will, the law decides who inherits, which may not reflect their actual wishes. This can lead to:
- Unmarried partners receiving nothing
- Estranged relatives inheriting instead of close friends
- Business assets being distributed inappropriately
- Unnecessary inheritance tax liabilities
Administrative Burden
Without clear instructions, executors spend countless additional hours:
- Searching for assets and documents
- Trying to understand the deceased’s intentions
- Resolving disputes amongst beneficiaries
- Navigating complex legal requirements without guidance
What Makes a Will “Professional”?
Qualified Will Writers
Professional wills are drafted by qualified solicitors or members of recognised will-writing organisations who understand current laws and tax implications.
Comprehensive Asset Planning
Professional will writers conduct thorough interviews to identify all assets, including:
- Digital assets and online accounts
- Business interests and partnerships
- International assets and investments
- Personal items with sentimental or monetary value
Tax Planning Integration
Professional wills often incorporate inheritance tax planning strategies such as:
- Nil rate band optimisation
- Charitable giving provisions
- Trust structures for tax efficiency
- Business property relief planning
Regular Reviews and Updates
Professional will writers typically offer regular review services, ensuring wills remain current as laws change and circumstances evolve.
The Investment vs. The Cost
Professional Will Costs
A professionally drafted will typically costs between £150-£500 for straightforward cases, or £500-£1,500 for more complex estates involving tax planning.
The Cost of Not Having One
Consider these potential costs of dying without a professional will:
- Additional legal fees: £5,000-£20,000+
- Extended probate timeline: 12-24 months instead of 4-8 months
- Inheritance tax penalties due to poor planning
- Family relationship damage from disputes
- Lost business value due to unclear succession planning
The return on investment for a professional will is often 1000% or more when you consider the time, money, and emotional stress it saves families.
Steps to Create a Professional Will
Choose the Right Professional
Look for solicitors specialising in wills and probate, or certified members of organisations like the Society of Will Writers or the Institute of Professional Willwriters.
Prepare Thoroughly
Before your appointment, gather information about:
- All assets and their approximate values
- Existing debts and liabilities
- Family circumstances and potential beneficiaries
- Any specific wishes for funeral arrangements or charitable donations
Regular Reviews
Professional wills should be reviewed every 3-5 years or after major life events such as marriage, divorce, birth of children, or significant changes in financial circumstances.
Need help with will planning? Call 01332 215 151 for expert guidance on creating a professional will that protects your family.
Special Considerations for Complex Estates
Business Owners
If you own a business, a professional will is absolutely essential. It should address:
- Business succession planning
- Buy-sell agreements with partners
- Key person insurance arrangements
- Tax-efficient transfer strategies
International Assets
For those with assets in multiple countries, professional will writers can coordinate with international specialists to ensure comprehensive coverage and avoid conflicts between different legal systems.
Concerned about international assets? Our specialists can help. Call 01332 215 151 to discuss your complex estate planning needs.
Blended Families
Professional wills are crucial for blended families to ensure fair provision for children from different relationships whilst avoiding potential conflicts.
The Peace of Mind Factor
Beyond the practical benefits, having a professional will provides immeasurable peace of mind. You know your family will be protected, your wishes will be respected, and the people you care about won’t face unnecessary stress during an already difficult time.
Taking Action Today
If you don’t currently have a professional will, or if your existing will hasn’t been reviewed in several years, taking action now could save your family months of additional stress and thousands of pounds in costs.
Remember, a will isn’t just a legal document—it’s a final act of care for the people you love. By investing in professional will drafting today, you’re giving your family the gift of a smoother, faster probate process when they need it most.
The question isn’t whether you can afford to have a professional will drafted. The question is whether your family can afford for you not to have one.
Don’t leave your family’s future to chance. Contact a qualified will writer today and ensure your legacy is one of organisation, clarity, and care—not confusion, delays, and unnecessary expense.
Ready to protect your family’s future? Call 01332 215 151 today to speak with our professional will writing specialists and take the first step towards peace of mind.