In this blog from Wayman & Long, we outline the role of a wills and probate solicitor, highlighting the range of services that can be tailored to you.
Probate is the legal process of handling a person’s estate (i.e., money, possessions, business and/or property) following their death. When an individual is granted probate, they have the legal right to deal with the deceased person’s estate.
If there is a will in place, the probate process will involve confirming whether the will is valid and correct. If there is no legally binding will, the probate process will involve using the rules of intestacy to determine who can inherit the person’s estate.
In England and Wales, it is not necessary to use a Wills and Probate Solicitor. However, probate can be an incredibly complex and challenging process and having the help of a probate solicitor can be invaluable.
A wills and probate solicitor offers a range of services tailored to you. Most people turn to a Wills & Probate Solicitor when they are ready to craft a will, create an estate plan, protect their assets and ensure their wishes are protected.
Some people come across Wills and Probate Solicitors for the first time following the death of their loved one.
Whether you are looking to create your estate plan for peace of mind, or you have lost a loved one and are trying to navigate the complexities of their estate, a Wills and Probate Solicitor can help.
Most solicitors offer the following services:
Making a lasting power of attorney involves giving someone you trust the legal authority to make important decisions on your behalf if you can no longer make them yourself.
There are two types of lasting power of attorney: a health and welfare attorney and a property and financial affairs attorney.
A health and welfare attorney gives the chosen individual the power to make decisions regarding your medical care, daily routine and treatments once you no longer have the capacity to make those decisions yourself.
A property and financial affairs attorney, once registered and with your permission, has the power to make decisions relating to your property and finances, including paying your bills, collecting your pensions and selling your home.
A wills and probate solicitor can provide expert advice and help you set up a lasting power of attorney so that you have complete peace of mind that your affairs are managed according to your wishes by people you know and trust.
It is never too early to create a will and plan your estate. Having a will provides comfort in the knowledge that your wishes will be met following your passing.
Typically, a will sets out who you would like to benefit from your estate and who you would like to carry out your wishes. If you have children, your will sets out who you would like to care for your children (under 18).
There is a lot to consider when drafting a will. From valuing your estate and minimising the impact of inheritance tax to ensuring your will is firmly legally binding, drafting a will is not always a straightforward process.
Wills and probate solicitors offer comprehensive will-writing and estate planning services that include expert advice on reviewing your financial affairs and reducing the impact of inheritance tax.
They will guide you through the process with compassion and expertise, enabling you to be confident in your decisions. Your solicitor will also keep your will in a safe place until it is needed.
If your loved one has passed away and there is a will in place, you will need a grant of probate to access their finances, property and possessions.
The probate process has several stages to navigate, including verifying the will, identifying and valuing the assets, applying for probate, paying any debts and inheritance taxes, and distributing the assets.
You can apply for a grant of probate yourself via post or online and it can take up to 16 weeks to get probate. However, with so many complexities to navigate, having a Wills and Probate Solicitor by your side will make the world of difference.
If your loved one has passed away without leaving a will behind, you will need to apply for a Grant of Letters of Administration. This legal document is issued by the probate registry and provides you with the legal authority to manage the estate.
According to the UK government website, the person who applies to become administration of the estate is usually the closest living relative, such as the spouse or eldest child. If you are unsure who this person may be, a Wills and Probate Solicitor can help.
Seeking the guidance of a wills and probate solicitor offers a range of benefits, including:
If you are seeking the help of a professional and dedicated Wills and Probate Solicitor, get in touch with Wayman & Long today. Our team of highly-skilled and experienced solicitors will guide you through the probate process with a sensitive, clear and expert approach.
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