Why do you need to use a solicitor for probate?

Why do you need to use a solicitor for probate?

When a loved one dies it is often a difficult time and emotionally upsetting. There are the arrangements for funeral to deal with, for which a good funeral director will offer their full support. There are also the personal belongings of he deceased to deal with, which can be quite overwhelming because it may involve the full contents of a home, including personal items like clothes.

If the deceased has thought about what they want to happen to their estate instructions will have been left in a Will as to how to dispose of personal property, the house and money in bank accounts. In this case probate needs to be applied for before anything can be disposed of or shared out to beneficiaries. Sometimes a person dies without leaving a Will and in this case family or close friends need to apply for Letters of Administration granted by the Probate Registry before the deceased estate can be dealt with.

Occasionally, a person dies and leaves an estate that is easy to resolve without a high value and in these cases probate and letters of administration are  not required especially if there is a Will that appointed an Executor or it is easy for the bank to see who should inherit.  An example would be where a remaining parent (who lived in care home) dies with one child and no other claims on the estate and the bank will release the funds held by them without probate.

What Is Probate?

Probate is the legal authority granted to an executor to deal with a deceased person’s estate and Letter’s of Administration is the legal authority granted to an Administrator.

These two types of authority issued by the Probate Registry provides authorisation to  gather in assets, pay debts, taxes and refunds to DWP. The authorities also allow the Executor or Administrator to  distribute the assets left after the funeral and debts have been paid according to the will or, if there is no will, according to the rules of intestacy.

Many times, a deceased estate is simple, but sometimes the probate process is not straightforward and can be quite complex to deal with especially when the Executor or Administrator are going through a grieving process or have lots of practical issues to deal with after the death pf their loved one.

This is when a solicitor can help.

There are several situations where professional legal assistance may be advisable or necessary:

Complex Estates:
An estate may be complex because it is high value, involves stocks, shares and investments, an equity release mortgage to repay, multiple properties or overseas properties. A high value estate is also more likely to be subject to inheritance tax and require careful calculation and compliance with HMRC regulations.

Intestacy (No Will):
If the deceased did not leave a will, the estate must be distributed according to the rules of intestacy. If the family structure is complex or unknown or there are potential beneficiaries who are difficult to locate a solicitor will be able to advise and undertake the work necessary to resolve the estate.

Debts and Insolvency:
If the estate has significant debts or is insolvent (this means the debts exceed the assets), managing the estate can be problematic. Many Executors do not have the ability to deal with debt chasers.  A solicitor can help ensure that debts are paid in the correct order and that the Executor is protected from any personal liability.

Inheritance Tax (IHT) Issues:
Inheritance Tax can be a significant concern, especially if the estate is close to or exceeds the threshold (£325,000 as of 2024).  The new labour Government is expected to make changes to Inheritance Tax in the October 2024 budget, but a solicitor will always be up to date with any legal changes made. A solicitor can advise on how to manage the estate to minimise tax liability and ensure compliance with HMRC requirements.

Foreign Assets:
If the deceased owned property or assets abroad, dealing with estates in foreign jurisdictions can be daunting. Other counties have their own way of doing things according to their laws.  A solicitor with experience in international probate can help navigate the process often by working with legal professionals in the foreign jurisdiction and complying with their requests for the legal documents in the correct formats. At Hannays we have an independent  Notary Public who works form our offices who can assist with any attestations and documents in the correct formats.

Family Disputes:
Even in families that get along well, probate can sometimes lead to quarrels. Often there is one difficult person in a family who tries to act unreasonably in relation to the estate and an Executor will need support to ensure that no lasting family rift is caused.   A solicitor can act as a neutral third party, helping to mediate disputes and ensure that the estate is handled according to the law and the deceased wishes.

Sometimes a family cannot agree on the contents of a Will, but there are lots of personal reasons why families enter into conflicts when a family member dies which leads to the Will becoming disputed.

Disputed Wills:
Sometimes there is a dispute over the validity of the will (for instance if a family member does not feel that the Will was drawn up independently expressing the real  wishes of the deceased or that the person who made the Will was too ill or lacked capacity to make it) or if someone is contesting it (perhaps because they have been left out or have too small a share), and in these cases a solicitor’s advice is essential.

A solicitor can help resolve disputes in a fair and legal manner.

As  there is a chance that a disputed Will may end up in Court, Hannays does not advise but we can assist in pointing the way to a solicitor who undertakes this type of work.

We would caution families who cannot reach agreement with each other, as litigation is very costly and can take the Courts a long time to resolve. It may not be worth having the dispute if the estate is a small estate as the legal costs associated with litigation are expensive and the losing party may have to pay the court costs of the successful party.

How can Hannays help?

Hannays Solicitors and Advocates Limited are not unique in offering a probate and estate administration service, but the following should be considered when considering us;

Location : it is often easier to use a local solicitor that you can see face to face to discuss the estate and any issues.

Experience: Mr Rainford who manages probate and estates administration at Hannays has over forty years of experience in handling probate matters.

Costs: Solicitors can charge fees in different ways. Sometimes we charge a fixed fee, an hourly rate, or a percentage of the estate’s value.  We will explain how we charge at the outset to provide a realistic quotation that works fairly for our clients. We will also explain at the outset what disbursements (fees paid to third parties) are involved in the probate process. If something changes we will explain as we go along if that will make any difference to the fees or disbursements charged.   There is more information in our FAQ’s on this page of our website: https://www.hannayslaw.co.uk/service/wills-probate/

Reviews and Recommendations: We have been supplying legal services in South Tyneside since the late 1800’s and we are a well known firm of solicitors who try to serve our community. We receive excellent reviews from our clients.

While you do not always need a solicitor for probate, our expertise and support may be necessary in certain situations.

Complex estates, disputes, and tax issues are just a few examples where professional legal advice can save you time, stress, and money especially when these can be overwhelming for the bereaved.  

If you are unsure if you need our help or not please call or email us with your details and we will discuss the matter with you to help you decide whether you need our services.

Our phone number is: 0191 4974630 or email us at info@hannayslaw.co.uk