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What Do Our Will And probate Solicitors Do?
Our Wills and probate solicitors are experts in all aspects of Wills and probate law and practice.
In the context of Wills, our Wills and probate solicitors will guide and support you through the Will-making process. A Will is a legally enforceable document through which you can ensure that your assets, such as property, cash, and investments, are inherited by the causes and people dear to you when you die.
If you die without leaving a Will, you are said to have ‘died intestate’. Your estate will then be distributed in accordance with the ‘Intestacy Rules’, regardless of what you had intended. The Intestacy Rules dictate the order of beneficiaries and can have some unforeseen and unwelcome consequences. For example, the inheritance intended for your life partner may go to a distant relative with whom you have no relationship if you were not married. Accordingly, while it can seem overwhelming and daunting, it is incredibly important to make a Will to ensure that those you care about are looked after when you die.
Just a few examples of the types of matters you can cover in your Will include the following:
• Who should administer your estate. This person or people, if you choose more than one, will be responsible for collecting in and valuing your assets, ensuring your outstanding debts and liabilities are paid off, and distributing your residual estate between the beneficiaries named in your Will.
Most people choose family members or friends to act as their executors, but you can select professional executors, such as Wills and probate solicitors, to take on the role.
• Who should inherit your estate. By making a Will, you can choose who should inherit your estate when you die and make sure that those close to you are taken care of when you are no longer around to do so.
• Who you would like to act as the guardians of your children.
• Your wishes for your funeral.
To be valid and legally enforceable, your Will must fulfil several legal criteria. For example, you must have made the Will voluntarily and have been of sound mind at the relevant time. If your Will does not satisfy the legal criteria, it is vulnerable to challenge when your loved ones come to administer your estate. Will disputes can be hard-fought, expensive, and acrimonious, so the importance of ensuring your Will is properly prepared and watertight cannot be overstated.
Our Wills and probate solicitors’ role in the context of probate matters is wide and varied. If your loved one left a Will and named you as executor, we can help you to administer the estate in accordance with their wishes.
Executors have a number of strict legal obligations that they must abide by in order to avoid being held personally liable for any losses and removed from office. Working with experienced Wills and probate solicitors gives many executors peace of mind that they are doing everything expected of them and complying with their legal duties.
Just a few examples of the types of matters with which our Wills and probate solicitors routinely assist our clients include the following:
- Interpreting the terms of the deceased person’s Will
- Applying for the grant of representation, which is the document that gives those tasked with administering an estate the legal authority to do so
- Collecting and valuing the estate assets
- Settling the estate’s debts and liabilities
- Ascertaining the estate’s inheritance tax liability and arranging for timely payment
- Considering the application of the Intestacy Rules if the deceased person died without leaving a Will
- Locating beneficiaries
- Distributing the estate between the beneficiaries in accordance with either the term of the Will or the Intestacy Rules
In addition, our Wills and probate solicitors have extensive experience in Wills and probate disputes, such as challenges to the validity of a Will or Inheritance Act claims. Given the sensitivity of disputes of this nature, it is essential that they are handled carefully to facilitate a swift resolution and minimise acrimony between family members.
Our Wills and probate solicitors firmly believe that contested probate matters are best dealt with through alternative dispute resolution methods, such as negotiation or mediation, and that litigation should always be a last resort. We are expert negotiators, and we frequently negotiate excellent settlement terms on behalf of our clients, enabling them to spend their time and money on coming to terms with their loss rather than expensive court proceedings.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
