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.
