Probate Solicitors

Probate is the process of an individual obtaining the legal right to manage an estate after a person’s death. This individual, often a close family member is named in the will and becomes the executor of the estate often jointly with another family member or professional (such as a solicitor).

Individuals named in the will do not have to accept the appointment but if they do they have strict obligations including notifying beneficiaries and managing financial affairs. Often, an executor will be required to sell a property and use the proceeds to balance debts, pay tax and distribute the remaining funds according to the will. If you’ve been named as an executor our specialist probate solicitors can help guide you through this process and make sure you fulfil all your responsibilities as a legal caretaker whilst giving you the support you need along the way.

Contentious probate is a specialist area of probate law that relates to a dispute which arises when someone dies.

These are a number of ways in which such a dispute may arise:

• When a person contests a Will they are stating that
• The Will has been made as a result of Undue Coercion or Influence —an individual has been pressured into writing or making changes to a will.
• The person making the Will lacked Testamentary Capacity —the person was not “sound of mind, memory and understanding” at the time of signing the Will.
• The Person making the Will Lacked Knowledge and Approval —the individual did not understood and approve the Will when it was signed

When a person makes a Claim against the Estate they are using legislation called the Inheritance (Provision for Family and Dependants) Act 1975 to argue that the deceased’s Will or the Intestacy Rules, if the deceased did not leave a valid Will, have not made reasonable financial provision for them

There can be other disputes during the course of administration regarding personal items, money given away or lent by the deceased or even the deceased’s funeral wishes.

It’s not always obvious to the Personal Representatives at the start that there will be a dispute and to the untrained eye the potential for a challenge may be missed. Our experts are on hand to advise you so that you can fulfil your obligations as a Personal representative.

There are a number of myths in this area which are simply not true.

Myth #1: your husband or wife will receive all of your assets if you die without making a Will.
Myth #2: if you die without a spouse or children your estate will be shared between your living brothers and sisters.

If a person dies without making a Will (“intestate”), their estate is shared according to the rules of intestacy. Our specialist solicitors can explain how these rules will apply in any given circumstances. Managing this type of estate is often much more complicated than where the deceased left a Will and requires the help of specialist probate solicitors.

Most commonly, probate solicitors give guidance to executors and families shortly after a loved one’s death. Solicitors can register a death and make funeral arrangements, as well as assist executors with their obligations. Often, probate solicitors will apply for “Grant of Probate” on your behalf and help identify estate assets and their beneficiaries. As an executor, you’re still legally in charge of managing an estate. However, hiring a probate solicitor helps relieve some of this pressure as they take on a more technical, background role to help manage financial affairs and oversee the distribution of funds to different essential causes.

Sometimes, probate solicitors will be called on for other things. Contested probate solicitors specialise in will disputes and spend time examining and appealing wills while advising you of your chances of amending a clause or discrediting a will. Probate support is also available for families without a will as they enter the administration process.