We talk a lot here at Marley Solicitors about the range of wills we can offer. Including our completely free will writing service as proud members of Cancer Research UK. But what about probate? Inextricably linked to wills, and an equally important and yet less talked about service. And one which can be a difficult and onerous task. Here is all you need to know from us as Wills and Probate solicitors. We can help with both:
What is Probate?
It’s the the judicial process whereby a will is “proven” in a court of law. Where it’s accepted as a valid public document that is the true last will and testament of the deceased. Often, many assets can’t be called in until after Probate is granted.
Equally, probate applies to the process whereby an estate is settled according to the laws of intestacy in the absence of a legal will at the time of death.
Additionally, If you are named in someone’s will as an executor, you may have to apply for probate. This gives you the authority to share out the estate of the person who has died according to the instructions in the will. But this isn’t always necessary. If you’re in any doubt, it’s always worth seeking the advice of Wills and Probate solicitors.
Do you have to use a solicitor for Probate?
You don’t necessarily have to use a solicitor for this process. However, it’s often prudent to do so since specialist probate solicitors have the experience and expertise to properly manage all the procedural requirements within the probate process. eg ensuring the right tax is paid, identifying any potential problems and handling the matter with the assurance of full legal compliance.
It’s also important to note that you don’t usually have any obligation to use the services of the law firm which stored the will. So don’t automatically allow the bank or solicitor named as the executor in the will to carry out the probate. You usually have the right to select someone yourselves.
A swift resolution in the hands of experienced wills and probate solicitors can expedite and ease the process for you and your family at what is already a very difficult time.
If you’re in any doubt or would just like an initial chat about probate, please get in touch, we’d love to hear from you.