In addition to the significant emotional toll that losing a loved one can take, there are usually practical matters that need to be addressed, too. Those left behind are often tasked with finalising the affairs of their loved one and administering their estate in accordance with the terms of their will or the Intestacy Rules. This process is known as probate, and one of the most common questions asked by the families and loved ones of a recently deceased person is ‘Do you need a lawyer for probate?’
There is no legal requirement that you use a lawyer for probate, and it is possible to apply for probate and administer an estate without professional help. However, the process can be complicated and time-consuming, and navigating it can exacerbate an already stressful situation. As a result, most people choose to seek expert legal advice from specialist probate solicitors like ours. At Bartlett’s, we are proud to offer first-class legal advice with a decidedly human touch and at affordable rates.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
What Is Probate?
Simply put, probate provides named individuals with the legal authority to deal with the estate of someone who has died. The estate might comprise property, money, investments, pensions, and other assets, such as vehicles.
The estate also includes the deceased person’s debts and liabilities, such as credit card bills.
If the deceased person left a Will, their executors will be tasked with administering their estate. Before they can do so, they must apply for a Grant of Probate. If the deceased person died intestate, which means that they did not leave a Will, specific individuals can apply to act as administrators and administer their estate. The legal document that gives them the authority to do so is known as Letters of Administration.
Once the Grant of Probate or Letters of Administration is issued, the executors or administrators are legally entitled to handle the deceased person’s assets. Examples of some of the tasks they will be entitled to undertake include the following:
- Accessing funds held in the deceased person’s bank or building society accounts
- Dealing with the deceased person’s property, for example, selling it
- Paying any debts or taxes owed by the estate
- Distributing the estate between the beneficiaries in accordance with the terms of the Will or the Intestacy Rules
Can You Apply For Probate Without A Lawyer?
You can apply for probate without a lawyer if you wish. However, save in cases involving particularly low-value, straightforward estates, it is always advisable to seek legal advice when navigating the probate process.
Executors and administrators have personal liability for ensuring that debts are paid, taxes are calculated correctly, and assets are distributed appropriately. If you get it wrong, you may face a claim against you personally and be forced to make good any losses caused by your mistakes from your own pocket.
When Do You Need A Lawyer For Probate?
Unless the estate with which you are dealing is very straightforward, it is always a good idea to seek professional assistance. In some complex cases, legal advice is particularly advisable. Just a few examples of situations where using a lawyer is strongly recommended include the following:
• The Estate Is Large Or Complex
If the estate includes multiple properties, business interests, overseas assets, or trusts, most executors and administrators will require legal advice. Estates of this nature often require detailed inheritance tax planning and specialist knowledge, so seeking to administer them without professional help can be incredibly risky.
• The Deceased Person Died Intestate
When someone dies without leaving a Will, the law dictates who should inherit their estate. The Intestacy Rules list the beneficiaries in order, and can have some confusing and unwelcome outcomes. Expert probate solicitors like ours will explain how the Intestacy Rules apply to the estate with which you are concerned, and handle any disputes that arise as a result of their application.
• Disputes Arise Between Beneficiaries
Unfortunately, disputes between family members over inheritance issues are all too common. Sometimes, the validity of the Will itself might be challenged. Such disputes must be handled sensitively and settled as quickly as possible to avoid them escalating, becoming extremely costly, and harming meaningful personal relationships. Our probate lawyers are skilled in managing disputes of this nature and frequently achieve excellent settlements on behalf of our clients swiftly and cost-effectively.
If you need advice on a probate matter, the team at Bartlett’s is ideally placed to assist. We handle all aspects of the probate process, including applying for the Grant of Probate or Letters of Administration, administering estates, and handling disputes. We are friendly, approachable, and compassionate, and we will guide and support you through the probate process with care and empathy.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
