Why it’s Important to Get Expert Legal Assistance for Estate Planning and Probate Proceedings Estate planning and probate proceedings can be difficult and complex processes. When dealing with the division of assets, the details of a will or the transfer of real property, it is important to have trusted and expert legal assistance. A solicitor can provide invaluable advice and guidance throughout the entire process, from creating a comprehensive estate plan to filing for probate. With the help of an experienced solicitor, you can ensure that your estate is handled according to the wishes you have set out in your will, and that your assets are distributed in a timely and efficient manner. Benefits of Hiring a Solicitor for Obtaining a Grant of Probate Hiring a solicitor to obtain a grant of probate can bring numerous benefits. Firstly, their knowledge and expertise in the probate process can ensure that everything is handled correctly and efficiently. This can significantly reduce stress and emotional strain on you and your family during an already difficult time. Additionally, a solicitor can ensure that your estate administration is handled promptly and in accordance with your wishes, while also protecting against any potential errors or disputes. Lastly, hiring a solicitor can provide a cost-effective approach to probate matters, saving you time, money, and potential complications. 1. Knowledge and Expertise in the Probate Process When it comes to navigating the probate process, having a solicitor with knowledge and expertise in this area can make all the difference. They understand the intricacies and requirements of probate proceedings, ensuring that everything is done correctly and efficiently. 2. Reduced Stress and Emotional Strain Losing a loved one is already an emotionally challenging time, and dealing with the complexities of probate proceedings can add additional stress. However, by hiring a solicitor to handle the process, you can alleviate some of that burden. They will handle all the legal aspects, allowing you and your family to focus on grieving and healing. Having someone knowledgeable and experienced to guide you through the process can provide reassurance and support during this difficult time. 3. Protection Against Errors or Disputes One of the key benefits of hiring a solicitor for obtaining a Grant of Probate is the protection they can provide against errors or disputes. Probate proceedings can be complex, and any mistakes or discrepancies in the process can lead to legal issues or family conflicts. A solicitor can ensure that all necessary legal requirements are met, minimizing the risk of errors or disputes. 4. Cost-effective Approach to Probate Matters When it comes to probate matters, hiring a solicitor can actually save you money in the long run. Their expertise ensures that the process is carried out efficiently, minimizing unnecessary costs and complications. By avoiding potential errors or disputes, you can prevent costly legal battles down the line. Contact our Wills & Probate team today Our team of experts are here to make this process as straightforward as possible, please contact us on 0191 2503200 or email probate@browells.co.uk to arrange a free initial consultation.
What is Probate? Your Questions Answered Probate is the process of dealing with the estate of someone who has died, which generally means clearing their debts and distributing their assets in accordance with their will. In most circumstances, it will be for the Executor or Executors named in the will to administer probate, or to instruct solicitors to administer probate on their behalf. At the outset, all relevant third parties should be notified, and they will provide detailed information to assist in ascertaining all estate assets, and also any liabilities of the estate. This information will be used to calculate any inheritance tax that might be owed from the estate. The Grant of Probate Process… To manage the probate process a Grant of Probate will need to be applied for. The application is submitted to the Probate Registry, a division of His Majesty’s Courts and Tribunals Service. What happens if someone dies without a Will? If someone dies without leaving a will, known as dying intestate, Letters of Administration are applied for instead and the estate is then distributed in accordance with the laws of intestacy. This means that the estate will pass to a surviving spouse or civil partner. What happens if there is no surviving spouse? If there is no surviving spouse the estate will be distributed in a strict order. If there are children, they will inherit all of the estate in equal shares. If a child has already died, their children will inherit their share of the estate and so on. What this means in reality is that certain individuals may not inherit, including stepchildren, therefore we strongly advocate the instruction of a solicitor to draft your Will to ensure that it reflects your wishes and is legally valid. Applying for Probate Our current experience is that most applications for probate are issued by the Probate Registry within 16 weeks. It can take longer than that if further information is required. It is important to note that any estate property cannot be sold prior to probate being issued. In certain circumstances, probate can be contested, which could stop the Grant of Probate or Letters of Administration from being issued. This situation could arise if the validity of someone’s Will is questioned i.e. where is it alleged that the person making that Will didn’t have the requisite capacity at the time of executing, or in other words signing, their Will. Speak to our Wills & Probate team today If you wish to discuss Probate with a member of our expert team, please contact us on 0191 2503200 or email probate@browells.co.uk.
Ongoing delays with Probate applications HMCTS confirms that there has been a slight increase in the time it has taken to issue probate grants during July 2023. The vast majority of grants that were issued had been submitted digitally. It is an established pattern, that digital applications issued without any “stops” (requests for further information) are issued with a much shorter average wait time. This highlights the importance of ensuring that the application is correct at the time of submission. Some applications cannot be submitted digitally and unfortunately paper applications on average take significantly longer to be issued than the overall average wait, with stops further increasing the delay. Lord Wills of Knaresborough questioned the ongoing delays in the House of Lords recently and suggested that applications which do not require further information could be issued using Artificial Intelligence, This is apparently being considered according to Justice Minister Lord Bellamy. Is it possible to avoid delays in Probate applications? Taking expert advice minimises the likelihood of stops and gives your application the best chance of being issued without unnecessary delay. If you would like to speak to our team of Probate solicitors contact us on 0191 2503200 or email probate@browells.co.uk.