Wills & Probate Solicitors in the UK

A will ensures all your assets are distributed fairly after your death. The whole probate process involves a court-supervised proceeding to authenticate the will that is left for the family. The authenticity of the will has to be proven to be valid as the true last testament of the deceased. The court will appoint an official executor to see to the will and legally carry out all the proceedings. You may need this service when your family member departs. In the absence of a will, the assets are to be divided as per the state law. Hiring the best wills and probate solicitors will help you carry out the whole probate process when needed.

Understanding Will and Probate

A will is a legal document that has information on what happens to the assets of the deceased. The owner/testator of these assets decides to distribute the assets and puts the information in the will. There are wishes and intentions of the testator in the will.

The probate process is the filing of a petition that ensures all the things in the will are considered. It establishes proof of the death, any objection, and legal distribution of the assets after the property tax is paid.

If the estate value of the deceased exceeds a threshold of the state, the probate will be necessary for a fair distribution. The probate threshold in Wales and England may be anywhere between £5,000 and £50,000. In general, probate is not required if the estate value is less than £5,000. The fund may be released without a probate lower than this.

The probate works as conclusive proof that the will was executed validly as per the deceased’s last will. In case the person dies without the will, there will be an intestate estate combining the whole property. Here, the state laws kick in for the asset distribution.

What is Probate and When It’s Required?

As mentioned above, probate is the process of applying to the court to prove the validity of the will and ascertain the person who will be the estate administrator. The person will have to apply for the grant of probate before going on to sell or distribute the assets or receive the cash from the deceased.

After the grant of probate is given, the executor of the will can legally clear the debts, pay other people, sell property, and distribute assets as mentioned in the will.

When a person is made an administrator in the probate, they have certain responsibilities. Ideally, they would be able to administer the estate. It may not be a legal requirement to hire a solicitor to deal with probate, but it may turn out to be a daunting task.

You have to ensure that the right inheritor tax is paid before distributing the property as per the will. As an executor, you may be held responsible if you make a mistake. Therefore, having a solicitor help you out can be of great help, especially when you have lost a family member.

Why Hire Wills and Probate Solicitors?

Here’s why you should hire a wills probate UK solicitor:

Dealing with Complex Estates: If you have a larger estate, bigger investments, multiple properties, and foreign assets, the will and probate solicitor will help you manage that. There may be trusts from the deceased lifetime, so you may also need a lawyer to create a new trust. Hiring an expert will help you navigate through such complex legal tasks.

Expert Insight: Sometimes, you may not be capable of handling inheritance tax, UK family law, and other rules. Proficient solicitors will help you in complying with such rules so that you do not get in trouble later.

Preventing Delays and Errors: Specific rules have to be followed during probate processing. Some official tasks can be time-consuming and take even more time if there is a fault in filing or filing any documents. So, it’s better to hire a professional to avoid delays and errors.

Conflict Resolution: If you have a large family, they may not be happy with the will or how the assets are distributed. In these cases, a lawyer may help in preventing huge conflicts. They may help establish legal boundaries that adhere to the deceased’s wishes.

Legal Compliance: The legal regulations are often changed with time. So, there may be an update in the rules that you may not be aware of. A solicitor will be more equipped to deal with such changes.

Executor in Probate

The executor in probate will be the person nominated by the testator of the will. He/she will legally carry out the will instructions.

• Funeral arrangements
• Registering the death
• Paying inheritance tax
• Locating and gathering financial documentation
• Valuing the estate
• Sending off the documents for the probate registry and HMRC
• Applying for probate
• Collecting all assets and money of the deceased person
• Selling property if needed
• Distributing the estate
• Managing estate accounts
• Publishing legal notice and notifying creditors

How Lawyersorted Can Help You Find the Best Wills and Probate Solicitors?

Lawyersorted has an easy search option when looking for a specific lawyer in your region. If you want to find a solicitor in a specific region, you can put the region filter on the website. For instance, when finding wills and probate solicitors Leeds, set up the region at Leeds.

Once you have the list of lawyers in Leeds or any other region in the UK, you may schedule a meeting directly with them. You won’t need to wait at all to fix the meeting, making the whole process smooth.

What to Consider When Choosing a Solicitor?

• Experience: Look for wills and probate solicitors who specialise in the field. Their understanding of the regulations and legal requirements will help you navigate the whole process easily.
• Location and Availability: Choose a solicitor that is close to your region so that you can have face-to-face meetings. If you live in London, search for wills and probate solicitors London. Also, discuss their availability and how you can reach them when needed.
• Reputation and Client Reviews: Check out the reviews and client testimonials to ensure you pick the most experienced solicitor for your case. Look for specific reviews if you need some special services.
• Fee Structure: Ask about the fee structure beforehand so that there are no surprises later on. Get quotes from different solicitors to get the best deal.
• Communication: Transparent communication is essential when it comes to legal services. The solicitor must establish how to communicate with them and what channel to use when needed.
• Service Offers: Find a law firm that offers different services like property management, contesting will, estate administration, and other legal services. This will help in managing paperwork and the property.

Wrapping Up

Now you know why you should hire wills and probate law UK when it comes to managing estate and taxes. Connect with the most proficient UK probate solicitors on Lawyersorted. There may be challenges when navigating estate administration and getting a Grant of Probate in the UK. It may turn out to be an extra burden while you’re grieving over the passing of a loved one. So, it’s best to contact an experienced solicitor to ensure legal compliance and ease the burden on the bereaved family.

FAQs

What is the cost of a probate solicitor in the UK?

The probate solicitor in the UK may charge anywhere between 1-5% of the value of the estate added to the VAT. If you have a small estate, choose a fixed fee. The charges may usually be settled using estate funds. Apart from this, the exact amount will depend on individual cases.

How long does probate take in the UK?

It may take 3-12 months for the whole probate process to be carried out. However, in some complex scenarios, it may take longer depending on how much estate has to be divided among the beneficiaries.

Is it possible to fast-track probate?

There is no sure way to fast-track a grant of probate as there is no special process to do so. You will have to wait 8-12 weeks for your application to be approved. The time frame may increase if the case is complex. Another delay may occur due to errors in the application. That is why you must hire a legal expert to guide you during the application process. This way, you can obtain probate quickly.

What assets are subject to probate?

Probate assets usually include the assets owned by a deceased person. It may be a property owned by or leased by the deceased. Personal items such as jewellery, furniture and automobiles may also be included in some cases.

Who can apply for probate when there’s no executor on the will?

Any legal heir of the testator may appoint the executor to the will. If there are several legal heirs and cannot unanimously decide on the person, then one may apply to the court to appoint a person as the legal administrator of the will.

Read More