PROBATE AND ESTATE ADMINISTRATION
There are few more challenging times in life than when a loved one dies. Apart from the emotional impact, there will be a range of practical matters to tackle, of which the funeral is just the first.
“Probate” is the name given to the process of dealing with the estate of someone who dies and if this becomes difficult, an already sensitive time can be made much harder for all involved. It is therefore essential to ensure that arrangements are in place to make the process as smooth, swift, and straightforward as possible. Let us help you with this.
The best way to do this is, of course, through having a Will in place.
Having a Will has two significant benefits:
- It will make clear exactly how the deceased wanted their estate to be distributed between their family and friends, by their special wishes.
- It will appoint named executors to carry out these wishes.
But if no Will has been left behind, the term “intestacy” applies. In the situation where there is no Will, those who are left behind can be unsure how the estate will be distributed, and if not, then who decides. It can make the process of dealing with the deceased’s estate harder to complete and can lead to acrimonious disputes between interested parties squabbling over their rightful share. It can lead to family fallouts. It is at times like this when it is always best to employ an independent solicitor who will administer the estate according to the law and be sensitive to family feelings.
The law regarding intestacy creates a hierarchy of priority as to which family member has the first right to apply to be the person who can distribute the estate. And if that person is not the person applying to do this, then the law requires that they explain as to why they are not applying. Then once someone is appointed, they have one year, known as the Executor’s Year, to complete the task.
Distributing the various sums of money, possessions and property around the beneficiaries of the Will while also dealing with various tax liabilities is no easy task, and most people who are appointed as executors will not have the expertise to do all that, which is why it is advisable to have probate solicitors on hand. They will know what to do, how to proceed with executing a will, and what to do if there is no will.
At Paul Norton & Co, we can offer many years of expertise in this area, which can provide you with peace of mind and all the help you need in getting complex matters resolved.
We also operate on the basis that we take no payment upfront, with all fees to be settled at the end once the probate process is complete. That way, you can be sure that we will be giving your probate needs the full attention they need.
FAQs
Q: I have been appointed as executor of a will, but I am struggling to understand some of its provisions. What should I do?
A: This is a common situation, and it is where an experienced probate lawyer will be able to help, as they will be familiar with various unusual or complex situations. Please call us on 01582 494970 and let us manage your Probate matter for you.
Q: What is “letters of administration”?
A: Letters of Administration is a legal document appointing you as the person authorised to deal with the deceased’s Will. It is important to get this document early. Let us help you with that. We will do the work for you while keeping you updated throughout the process. Alternatively, we can provide a full probate service – gathering in the entire estate, dealing with any issues, and then distributing the estate according to the Will. We will also make searches of banks for you, and we will get in two years bank statements for each account. Once we have those bank statements, we will trawl through two years of each bank statement to check if there are any other accounts- ensuring that no money is lost. We also will send an email to 200 banks to check if they had an account for the deceased.
Q: If I am an executor who is searching for a Will but cannot find it, what do I do?
A: You will need to prove you have searched for the Will, using a court recognised specialist service. The Court will expect that this is searched for properly. However, if after doing this, there is still no Will, then it will be presumed lost, and the estate must then be distributed according to the rules of intestacy. Let us help you with our simple Will search services.
Q: How long will the probate process take?
A: Although a year is typically allowed for the execution of the process, it can most often be done and completed within four months, depending on how long the Court takes to process your application. More complex estates, or where there is a house to be sold this can take longer depending on how long it takes to sell the house. On the other hand, dealing with a more complex estate can take up to a year.
Q: The Will I am dealing with has a trust declaration in it, to hold money for a child until they reach 21. How will this affect matters?
A: Your duty will be to make sure the trust is set up safely and run correctly. These trusts can be a straightforward matter, but some trusts are complicated, especially regarding tax matters, and you should seek legal help in the latter case. If unsure, let us help you with this. A properly set up trust is undoubtedly something we can assist you with, and even set up for you.
Q: If a Will names me as executor, am I forced to take on this role or can I relinquish it?
A: You can give up your position as executor provided you have not yet taken any action in executing the Will. If there are other executors named, you can opt to have ‘power reserved’, which means you can choose not to be involved in executing the Will, but you retain the right to change your mind and get involved at any time during the process.