What Do Wills And Probate Solicitors Do?
Although it can be difficult to talk about such things, wills and probate solicitors exist to give people peace of mind, either for the future or during difficult times of grief.
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Writing a clear, legally valid will is a vital step if you want to protect your family after you are gone. Without a valid will, you have no control over who inherits the fruits of your labour.
Creating this sort of document requires a legal expert who can explain all the ramifications of what your choices mean. This is especially true if you own property or want to create the best possible tax conditions for those you want to inherit from you.
For those who have suffered the loss of a loved one and have an additional role as an executor of their will – or those who face a difficult situation without a will and need to apply to become administrator of the estate – a probate solicitor supports you in a challenging time.
Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.
“I cannot fault the professionalism and helpfulness throughout what has been a difficult time. I would not hesitate to use your services again and would recommend you to others.” (Mrs Surtees)
All in all, there are many reasons why internet searches for “wills and probate solicitors near me” are so common. Here is a little more about why you might find it useful to consult this kind of legal expert sooner rather than later:
Why Should You Write A Will?
When someone passes away without a will, they are said to have died “intestate”. Under these conditions, a special set of laws called the “rules of intestacy” control who inherits the deceased’s estate – the money, property, and possessions that they owned.
The rules of intestacy tend to mean that only married or civil partners and then a set series of named close relatives will inherit anything from the deceased’s estate.
For most people, this is a poor reward for a lifetime of hard work. Family dynamics are often unique and the strict sequence of named relatives may not necessarily represent your wishes. This makes creating a clear and valid will that sets out your wishes a vital step for us all.
If you are in the position of having to deal with the estate of someone near and dear to you who has passed on without leaving a valid will, you will understand just how important this is.
Intestacy rules also apply if a person dies and:
- Their will is found not to be legally valid
- The will cannot be found at all
- There is a will but there aren’t any named executors in it
- There is a will with named executors but they can’t or don’t want to act
Wills And Probate Solicitors – The Other Side Of The Coin
The other part of the job of wills and probate solicitors consists of taking on the duties of the executor or administrator of the estate after someone has passed on. These two roles are very similar but distinct:
- The executor of an estate – is named in a will. They still need to apply for legal permission called a Grant of Probate before they can administer the estate, but they are the person (or people) chosen by the departed as their preferred agent.
- The administrator of an estate – is a role that comes into effect if there is no will or no named executor. If you are one of a select group of close relatives of the deceased, you can apply to become the administrator of their estate via a Grant of Letters of Administration.
Use Solicitors For Wills And Probate To Get Peace Of Mind
However, in both of the above cases, the administration of an estate is frequently a large and complicated task. It is also one that makes you personally liable for any mistakes that are made.
These mistakes might relate to calculating the correct amount of tax – Inheritance Tax, Capital Gains Tax, and more. They might also involve failing to pay creditors who have a claim on the assets of an estate because of the deceased’s debts.
In situations like these, the executor or administrator of an estate can be personally financially and legally responsible for making right any errors. This is made worse when the will is unclear or there are other complications, such as:
What Happens If A Will Dispute Arises?
Disputes following a death are increasingly common. In all cases, supportive legal advice and representation is vital.
A firm like Birch & Co has 5-star Google reviews and a 99% customer recommendation rate partly because we can advise on and resolve sensitive matters like this swiftly and thoughtfully.
What If I Am An Executor Of A Will Which Contains A Trust?
Will trusts can be simple, but they can also get very complicated if certain tax rules are brought into effect.
The goal of these trusts is to set up provision for vulnerable adults or young children. It is a laudable intent, but also potentially a serious commitment for the executor involved.
Talk With A Specialist Today
Don’t leave it to a last-minute internet search for the “best probate solicitors near me”.
Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.
We stand ready to handle any painful administrative burden at this difficult time. We can assist you in whole or in part, guiding you only in a Grant of Probate application or Inheritance
Tax planning. Simply let us know how we can help you.
“I would definitely recommend you to others – Thank you very much” (Mr Laskey)
