Law & Legal & Attorney Law & Legal & Attorney

Why Would I Want To Instruct UK Probate Solicitors?


Probate solicitors often specialise solely in Wills & Estates due to the complex nature of the UK probate law. As a result of this, the benefits of employing a probate solicitor are far reaching. A probate solicitor deals with many situations from challenging a will on behalf of a beneficiary, to complex inheritance tax calculations. Due to the emotional and stressful nature of this area of law many people seek the services of a lawyer instead of trying to deal with the probate on their own.

When do I need to instruct a probate lawyer?

A probate solicitor can be appointed in many different circumstances, however most common, in the UK, is where a person has been appointed as an executor of an estate and needs legal assistance. It is common for the testator to appoint both a trusted family member to be an executor alongside an experienced solicitor. If not however, then the executor should find probate solicitors to help him distribute the assets correctly and pay any UK inheritance tax as necessary. The problems caused by 'intermeddling' in an estate can be quite severe, therefore a lay person will normally need legal advice to protect their own interests.

Where the deceased does not leave a Will (i.e. dies intestate) solicitors are usually appointed to deal with the distribution process. The family belonging to that person will then get some advice from a probate lawyer on intestacy law. Conversely where the deceased has left a will that either a beneficiary or family member is unhappy with, a probate solicitor can then help that person challenge the validity of the will.

Time Constraints

Distributing a deceased person's estate must be completed in a timely manner; often executors of complex will struggle to complete all the necessary returns and distributions for a long time. This will leave the executor wide open to claims brought by beneficiaries for any losses that the estate has suffered. As already mentioned, executors should get legal help to make sure that they are protected.

If you take on a specialist probate lawyer nice and early, you will avoid an unecessary inheritance tax interest payments and you will make sure that all beneficiaries are located and dealt with promptly. A solicitor can bring order to an administration of an estate, which when dealing with a lot of money can be invaluable.

If you find yourself acting as the role of an executor of a will, consider whether or not you would benefit from seeking advice from an experience probate solicitor. One of your first concerns should be whether you can handle all the responsibilities of being an executor alongside managing your day-to-day life. Employing a solicitor can help provide you with peace of mind that the estate is being handled professionally. Try to ensure if you are appointing a solicitor, that they are a probate/inheritance tax specialist - which is simply too complex an area of law to leave to someone without expertise. If you live in a rural part of the country without easy access to legal specialists, consider the excellent online probate services offered by some specialist probate solicitors.
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