Why Would I Want To Instruct UK Probate Solicitors?
Experienced probate solicitors are normally specialists in their field due to the complex nature of UK probate law. A good probate solicitor should be able to deal with the whole process of probate including any challenges on the Will and complicated inheritance tax calculations. Dealing with probate can be emotional and stressful and many people often struggle to deal with it 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. Often the deceased will appoint an experienced family member to be an executor of the will, the appointment may also be made alongside a named 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.
About the Author
Tim Bishop is senior partner at Bonallack & Bishop, a firm of experienced UK Probate solicitors (http://probateuk.co.uk ). If you need some advice then use their Online Probate service firm today. Tim is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm. Tim has expanded the firm by 1000% in 13 years and has plans for its continued development.
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