Probate legal advice

Losing a loved one is a difficult time. Our probate solicitors understand the emotional and legal complexities involved in dealing with an estate. We offer experienced, compassionate and efficient legal guidance throughout the probate process in the UK.

No two probate matters are the same and some estates can be extremely complex. Recognising this and getting experience legal advice is good for executors and beneficiaries. Instructing lawyers, if you are a relative of the deceased also allows you to focus on grieving and supporting loved ones. We can do as much or as little of the probate as you like. Some clients want to be very involved and some want to leave it in our hands. Either way we want you to feel in control and comfortable with the process.

What is Probate?

Probate is the legal process of administering the estate of a deceased person. This involves identifying and valuing assets, settling debts, and distributing remaining assets according to the deceased’s wishes (as outlined in a Will) or intestacy rules (if there is no Will).

Our Probate Services

• Obtaining Probate or Letters of Administration depending on whether there is a Will or not – we can deal with the application process to obtain the legal authority to administer the estate.
• Estate Administration – our team will efficiently guide you through the following:
  • Identifying and valuing all assets (property, bank accounts, investments, etc.)
  • Settling any outstanding debts and liabilities of the deceased.
  • Locating beneficiaries named in the Will or determining heirs according to intestacy rules.
  • Calculating and paying inheritance tax (if applicable).
  • Distributing the remaining assets to beneficiaries.
• Dealing with Intestacy – if the deceased died without a Will, we’ll guide you through the intestacy rules for distributing the estate.
• Contested Probate – in the event of a dispute regarding the Will or the distribution of assets, our experienced solicitors will represent your interests.
• Deeds of Variation – we can advise on how you can use deeds of variation to reduce the tax on the estate and how the beneficiaries can reduce their own tax exposure.

Potential Complications and Risks of Probate for Executors in the UK

Probate can be a complex process, and even with the best intentions, executors can face a number of challenges, which can include :-

• Valuing Assets – Accurately valuing assets like property, antiques, or investments can be difficult. Overvaluation can lead to higher inheritance tax, while undervaluation can disadvantage beneficiaries. Beneficiaries may have differing opinions on the value of certain assets, leading to disputes and delays.
• Personal Liability – Executors have personal fiduciary duties to act in the best interests of the estate and are also personally liable for ensuring the estate’s debts are settled before distributing assets to beneficiaries. If unknown debts emerge later, the executor may be responsible from their own pocket.
• Friction and disagreements – disagreements between beneficiaries regarding the Will’s interpretation or the distribution of assets are common as are situations where some or all beneficiaries try to pressure the executors to spend up the distribution.
• Missing Beneficiaries and/or information – locating all beneficiaries named in the Will can be challenging, especially if they haven’t been in touch with the deceased for a while. Ascertaining all the deceased’s assets or debts, particularly those held abroad, can be a time-consuming and very difficult task.
• Tax Issues – executors are responsible for calculating and paying inheritance tax efficiently. Mistakes can lead to penalties.

By seeking professional legal advice from a probate solicitor, executors can significantly reduce the risks and complexities associated with administering an estate.