If you are looking for a ‘probate lawyer near me’, the expert team at Bartlett’s is on hand to help. We have extensive experience in all types of probate matters, and we offer friendly legal advice and support at highly competitive rates.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

How Can A Probate Lawyer Near Me Help?

If you have been tasked with administering the estate of a person who has died, working with an experienced probate lawyer, like those at Bartlett’s, can significantly relieve the stress of the probate process and give you peace of mind that you are acting in line with the terms of the Will and the applicable laws.

Just a few examples of the types of issues with which a probate lawyer can assist include the following:

• Ascertaining whether you require a Grant of Probate to administer the estate
• Valuing the estate
• Establishing whether any inheritance tax is payable on the estate
• Liaising with HMRC on matters relating to inheritance tax
• Applying for the Grant of Probate
• Administering the estate in accordance with the terms of the Will and probate law
• Advising you on your legal duties as executor and the steps you should take to ensure you comply with them
• Advising you on the probate process in cases where the deceased person did not leave a Will, including:
  • Advising you on who is eligible to apply to act as an administrator of the estate.
  • Assisting you in making an application to be an administrator.
  • Applying for the Letters of Administration.
  • Advising you on your duties as an administrator and the steps you should take to ensure you comply with them.
  • Advising you on the application of the Intestacy Rules to ascertain who is entitled to inherit the estate.
• Advising you in connection with any disputes that may arise in connection with the estate. Such disputes might arise due to a challenge over the validity of the Will, a claim made under the Inheritance Act, or concerns over your activities while acting as executor or administrator of the estate.

What Should I Look For When Choosing A Probate Lawyer Near Me?

Given the importance of probate matters, ensuring you choose the right probate lawyer is crucial. When making your choice, you should ask yourself the following questions:

• Do They Have The Relevant Expertise And Experience?

Probate law is complex, so it is essential that your chosen probate lawyer possesses the skills and experience required to handle your matter swiftly and effectively. At Bartlett’s, the solicitors in our Wills and Probate team are true experts in what they do, so you can be sure that you are in safe hands.

• Are They Friendly And Approachable?

Many clients in need of probate advice have little to no prior experience of probate law and practice. As a result, they require not only legal advice but also personal support and guidance as they navigate the probate procedures. You need to feel comfortable contacting your chosen probate lawyer with any questions you may have about your matter and be confident that you will receive a prompt response.

Our probate solicitors are well-known for being friendly and approachable, with clients frequently describing us as ‘lovely’, pleasant’, and ‘congenial’. We take the time to get to know each and every one of our clients and to provide the service and support they deserve. We do not use complicated legal jargon; we speak your language, and we will be on hand to explain anything you are unsure of.

• How Do They Charge?

Understanding how your chosen probate lawyer will charge you for their work is vital in ensuring you can budget accordingly and will not receive any nasty surprises.

At Bartlett’s, we usually work for our clients on an hourly basis, and we are committed to keeping our rates affordable so that as many people as possible can access our expertise. We will discuss our costs when we first meet with you, and we will give an estimate of our fees for the work you need us to undertake on your behalf. We will provide regular updates and breakdowns of our costs, so you can see the work we are carrying out.

Where Can I Find A Probate Lawyer Near Me?

Our probate lawyers service clients throughout the Northwest of England and North Wales, as well as those further afield. We are always happy to meet our clients in person, at our offices in Liverpool, Chester, or Wrexham, or we can advise you remotely if you prefer.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

If you are searching for answers to the question ‘How much does a probate lawyer cost?’, chances are you have a probate matter on which you require expert legal advice.

At Bartlett’s, we specialise in probate law and practice. Our experienced team is on hand to offer the advice and support you need at competitive, affordable rates.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

What Does A Probate Lawyer Do?

A probate lawyer is a qualified legal professional who specialises in the field of Wills and Probate. They support their clients with a wide variety of matters, including the following:

• Making a Will to ensure your estate goes to the people and causes that are dear to you and minimise inheritance tax. Instructing a specialist probate lawyer to prepare your Will ensures that it is valid and watertight and accurately reflects your intentions.

• Updating or changing an existing Will to account for changes in your circumstances, such as marriages, births, or deaths

• Setting up a trust to protect and manage your assets.

• Long-term care planning.

• Administering the estate of a loved one who named you as executor under their Will. This includes:

• • Applying for the Grant of Probate
  • Valuing the estate
  • Dealing with inheritance tax issues
  • Clearing your loved one’s debts and liabilities
  • Distributing the estate in accordance with your loved one’s wishes as detailed in their Will

• Administering the estate of a loved one who did not leave a Will. This includes:

• • Applying to act as administrator
  • Applying for the Letters of Administration
  • Administering the estate in accordance with the provisions of the Intestacy Rules

• Dealing with any disputes that may arise during the probate process. For example, individuals may make a claim under the Inheritance Act if they do not believe that the deceased person made ‘reasonable financial provision’ for them. A probate lawyer can represent either the individual bringing the claim or other interested parties, such as the executors, administrators, or beneficiaries.

How Much Does A Probate Lawyer Cost?

It is impossible to say definitively how much a probate lawyer costs, since it all depends on the nature of the work we undertake for you. We are committed to providing exceptional legal advice to our clients at affordable, competitive rates, and you can be sure of receiving exceptional value for money.

We may be able to act on a fixed fee basis for some types of work, such as preparing, updating, or amending your Will. In these cases, we will provide an estimate of our fees during our initial meeting with you so you can budget accordingly. Our fees will vary depending on the type of Will involved and the complexity of your arrangements. Our fees for preparing a straightforward Will will usually be lower than those involved in drafting a more complicated Will, for example, one that involves overseas assets or a trust.

For estate administration matters, our probate lawyers usually charge an hourly rate, which will not be more than £200 an hour plus VAT. Since we cannot be sure how long the estate administration will take, we usually reassure clients that our total fees will not exceed 2% of the value of the estate in question. Please note that we provide this reassurance purely to ensure that our client’s fees remain proportionate to the estate value; it does not mean that we will charge 2% of the value in all cases. We will send our invoice, which will be based on a number of factors unique to your situation, including the complexity of the issues involved, to you for approval before submitting it.

When we charge on an hourly rate, our fees will depend on how long it takes your probate lawyer to complete your matter. Accordingly, if the estate administration proceeds without issue, our fees will be lower than if we encounter problems, such as challenges to the validity of the Will. In these cases, our probate lawyers always seek to resolve the issue as quickly and cost-effectively as possible.

For example, where possible, we will seek to negotiate a settlement with the other side to avoid our client incurring the costs of contested court proceedings. Our probate lawyers are expert negotiators and frequently use their skills to secure excellent outcomes for our clients. If negotiations fail to yield the desired results, our probate lawyers will consider exploring alternative dispute resolution methods, such as mediation, which are quicker and more cost-efficient than litigation, and can preserve important relationships. Only in very limited situations do we advise our clients to take a matter to court.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

Many people embarking on the probate process are unsure whether they can administer the estate themselves or require expert legal guidance to do so. Solicitors in our Wills and Probate team are often asked ‘What does a probate lawyer do?’ by clients wondering whether to try and administer an estate without legal advice or work with experienced probate lawyers.

Here, our specialist probate lawyers describe what a probate lawyer does and explain when you might need to instruct one.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

What Does A Probate Lawyer Do?

A probate lawyer specialises in wills and probate law and practice. They have a specialist, niche skill set that enables their clients to navigate the probate process swiftly and seamlessly and handle any issues that may arise.

Examples of the types of tasks a probate lawyer undertakes include the following:

• Advising Clients On The Applicable Process In Their Situation

The appropriate probate process depends on a number of factors, and a probate lawyer will advise their client on the process that applies in their case.

For example, the process differs depending on whether the deceased person left a will or ‘died intestate’, which is where they did not make a will before they died.

If the deceased person left a will, they will have nominated individuals, usually friends or family members, to act as their executors. Executors are responsible for administering the deceased person’s estate in accordance with the terms of the will, and usually require a formal legal document, known as a ‘Grant of Probate’ before they can begin doing so. Probate lawyers will advise their clients on whether they need to apply for a Grant of Probate and explain the process involved.

If the deceased person died without leaving a will, their loved ones can apply to act as administrator and administer their estate in accordance with the Intestacy Rules. A probate lawyer will advise their client on their eligibility to apply for the role of administrator and their duties if their application is successful.

The Intestacy Rules dictate who should inherit the deceased person’s assets, ranking family members in order. A probate lawyer will advise their client on how the Intestacy Rules apply in their circumstances.

• Applying For The Grant Of Probate Or Letters Of Administration

A key aspect of a probate lawyer’s role is assisting their clients in applying for the Grant of Probate or Letters of Administration. Their expertise and experience ensure that the relevant application is completed accurately and reduce the risk of it being rejected and delayed.

• Advising Clients On Their Legal Duties

Executors and administrators are subject to a number of strict legal duties to ensure that they act in the best interests of the estate. For example, they must protect estate assets until they have distributed them to the relevant beneficiaries. Failing to adhere to these legal duties exposes an executor or administrator to legal proceedings by anyone who has suffered a loss as a result. If they are found to have breached their duties, the executor or administrator may be ordered to compensate those affected from their own pocket.

A probate lawyer will advise their clients on the nature and extent of their legal obligations and what they need to do to comply with them.

• Assisting Clients With Estate Administration

Administering an estate involves valuing and collecting the assets, clearing any debts and liabilities, paying any inheritance tax, and distributing the remainder of the estate in accordance with the terms of the will or the Intestacy Rules.

Estate administration can be complex and burdensome, and a major part of a probate lawyer’s role is overseeing the process on behalf of their clients.

• Dealing With Disputes

Unfortunately, probate disputes are fairly commonplace and can stem from a variety of issues. For example, the validity of the deceased person’s will may be challenged on the basis that they lacked the requisite mental capacity at the time they made it, or they had been coerced into leaving certain gifts to certain people.

Probate lawyers specialise in disputes relating to wills and estate administration, and they are adept at settling such matters quickly and cost-efficiently.

Do I Need A Probate Lawyer?

If your loved one’s estate is small and straightforward, you may be able to deal with it without expert guidance. However, those tasked with administering even small estates are subject to strict legal duties, so most executors and administrators seek legal advice. Certainly, if the estate is large or complex, or if disputes are likely, legal support from a specialist probate lawyer is essential. You do not need to instruct a probate lawyer for the entire process if you do not feel that you need to; you can seek advice on specific aspects that are problematic or that you do not feel confident tackling alone.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

Clients seeking advice from our specialist probate solicitors frequently ask, ‘Do I need a probate lawyer if there is no will?’ While it is not mandatory to seek expert legal advice when administering an estate when there is no will, given the complexity of the process and the time it can take to complete, most people choose to do so.

If you need help with estate administration or any other aspect of probate law and practice, our probate team is ideally placed to provide the guidance and support you need.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

What Happens If Someone Dies Without Leaving A Will?

When a person dies without leaving a will, they are said to have died ‘intestate’. This means that there is no legal document detailing who should be responsible for administering their estate and who should inherit their assets. As a result, the law steps in, and the Intestacy Rules dictate how the estate should be distributed.

Under the Intestacy Rules, a deceased person’s estate must be distributed among their family members, who are ranked in the following order of priority:

•  Spouse or civil partner
• Children
• Parents
• Siblings and their children
• Half-siblings and their children
• Grandparents
• Aunts and uncles and their children
• Half aunts and half uncles and their children

If the deceased person has no surviving relatives, their estate will pass to the Crown.

The Intestacy Rules can have some unwelcome consequences. For example, the deceased person’s long-term partner has no entitlement to their assets if they were not married or in a civil partnership. Instead, the estate may pass to a distant relative with whom the deceased had no relationship. Accordingly, the importance of making a will cannot be overstated. While it can be uncomfortable to think of a time when you are not around to take care of your loved ones, getting your affairs in order, even when you are young and healthy, ensures that your estate goes to the people you care about when the time comes.

Do I Need A Probate Lawyer If There Is No Will?

So, do you need a probate lawyer if there is no will? There is no legal requirement to take legal advice, but the process is such that expert guidance can be invaluable.

When someone dies without leaving a will, it means that they have not appointed friends or family members to act as their executors and administer their estate. As a result, anyone who wants to take on the responsibility must apply for Letters of Administration to act as administrator and deal with the estate.

The deceased person’s closest living relative can apply to act as administrator. This might be their spouse, civil partner, or child. Their partner cannot apply unless they were married to the deceased or in a civil partnership with them. Your probate lawyer will advise you on your eligibility to act as administrator and prepare the application on your behalf.

Once you have received the Letters of Administration, you can administer the estate. This involves valuing the estate assets, paying any outstanding debts, and distributing the remainder among the beneficiaries in accordance with the Intestacy Rules. Administrators must comply with a number of legal duties while executing their duties. Your probate lawyer will advise you on the nature of those duties and the measures you should take to comply with them.

Your probate lawyer can assist you in administering the estate, providing as much or as little guidance as you need. You might prefer that they undertake the entire process, or you may wish to do the majority of it yourself and seek their guidance on discrete issues, such as the steps you should take to locate beneficiaries.

Support from a probate lawyer is also crucial if a dispute arises in connection with the administration of the estate. As we have explained above, the application of the Intestacy Rules can have some unexpected and unwelcome consequences. For example, those with close personal relationships with the deceased, such as their life partner who they were not married to or in a civil partnership with, or their stepchildren, have no legal entitlement to inherit. As a result, if these individuals were reliant on the deceased person for their basic financial needs, they may need to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. These claims are notoriously complex and rely heavily on evidence, so you would be ill-advised to try to navigate one without expert legal guidance.

If you need help with a probate matter, whether or not the deceased left a will, please contact our expert probate team for an initial, no-obligation discussion.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

If you have been tasked with managing the estate of a loved one who has passed away, our Grant of Probate solicitors are here to help. We understand how overwhelming the probate process can seem, particularly when you are dealing with the grief of having lost someone close to you. Our probate team is comprised of highly experienced solicitors, all of whom are friendly and approachable, and who will go out of their way to alleviate the burden of estate administration so you and your family can concentrate on coming to terms with your loss.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry

What Is A Grant Of Probate?

The term ‘probate’ refers to the process of administering the estate of a person who has died. The estate may include money, property, investments, and personal effects. During the probate process, the estate assets are collected, any outstanding debts and liabilities are cleared, and the remaining assets are distributed among the beneficiaries in accordance with the terms of the Will.

A Grant of Probate is a legal document issued by the Probate Registry confirming that the individuals chosen by the deceased to act as executors have the legal authority to deal with the estate. While the executors of a Will derive their powers from the Will itself and not from the Grant of Probate, the Grant is usually required for them to carry out their duties.

If the deceased did not leave a Will, a similar document, known as the ‘Letters of Administration’ is issued to the individuals appointed to act as administrators.

When do you need a Grant of Probate?

In a few, albeit limited, scenarios, a Grant of Probate may not be required. They include when the deceased person owned all their property jointly, since it would then pass to the surviving owner, and when the cash held in bank or building society accounts is fairly low. Each financial institution has its own threshold over which it will require a Grant of Probate before releasing the funds to an executor. Those thresholds can vary considerably, with some insisting on seeing the Grant of Probate for anything over £5,000 and others not requiring it until the funds exceed £50,000.

How Can Our Grant Of Probate Solicitors Help?

Our Grant of Probate solicitors can take over the entire probate process for you, or we can assist you with discrete issues on which you require expert guidance.

Examples of the types of matters on which our Grant of Probate solicitors frequently advise include the following:

• Advising On The Need for A Grant Of Probate

As we have explained, not all estates require a Grant of Probate. We will assess your loved one’s estate and advise you on whether a Grant of Probate is required.

• Preparing The Probate Application

While completing the probate application itself is fairly straightforward, the preparatory work involved before proceeding to that point can be time-consuming and complicated and often involves an understanding of inheritance tax and probate law.

For example, before you can complete the probate application, you must value your loved one’s estate. This involves placing a value on each of their assets, which in the case of property, necessitates the involvement of professional valuers. Failing to realise the true value of an estate can expose executors to legal claims by the beneficiaries, so ensuring you do all that is required of you is crucial.

The executors must also ascertain whether any inheritance tax is payable on the estate and pay at least part of any tax due before applying for the Grant of Probate. You cannot distribute the estate among the beneficiaries until you have paid all the inheritance tax due.

• Submitting The Probate Application

When our Grant of Probate solicitors are in possession of all the relevant information, we will make the probate application on your behalf. You may receive the Grant of Probate in a few months, but matters can be delayed if the form is not completed properly. By working with experienced Grant of Probate solicitors like ours, you can reduce the risk of delays and ensure that your application is accepted.

• Administering The Estate

Once you have received the Grant of Probate, our Grant of Probate solicitors can assist you in administering the estate in accordance with the terms of your loved one’s Will. This involves various tasks, including closing their bank or building society accounts, selling any property, paying their debts, and distributing the remainder of the estate among the beneficiaries.

• Handling Any Disputes And Other Complex Situations

Disputes frequently arise in the context of estate administration, for example, because the Will is contested or someone makes a claim under the Inheritance Act. Our Grant of Probate solicitors have extensive experience in handling such disputes, and we have an excellent track record of resolving them quickly, cost-effectively, and amicably, so important personal relationships can be maintained.

How Can You Contact Our Grant Of Probate Solicitors?

If you have a Wills or Probate issue on which you need legal advice, our Grant of Probate solicitors are here to help. Please contact us at our Wrexham, Chester, or Liverpool offices, or simply email newenquiry@bartletts.co.uk, and one of the team will be in touch.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.