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Why use a solicitor

Many people wonder why they should use a Probate Solicitor, and to most who don’t know what the process entails, Probate can seem quite alien. But using a Probate Solicitor is likely to save you a lot of money, potential legal difficulties and stress at what is an already emotional time.

Probate Solicitors

You will need a Grant of Probate from the courts to show that you are entitled to administer the estate of the deceased. Executors can obtain the grant and administer the estate without probate solicitors, however there is a vast amount of research and work to be done, which if handled incorrectly can lead to further difficulties.

As Probate Solicitors we aim to ensure that our service is good value for money and that our clients experience the excellent levels of service we pride ourselves on as a firm. Using our Probate Solicitors means that you will have access to expert advice without spending large parts of the estate.

To help you to make the best decision for your situation we have listed some of the key considerations you should be making when facing Probate.

  1. Being an executor involves a significant amount of responsibility. You are required to deal with what can be large sums of money and are responsible for that money as well. You have an obligation to discharge all debts and liabilities of the deceased, even if you do not know about them.
  1. Understanding the Will. The law that dictates how Wills should be administered has been developed over hundreds of years. If you do not understand the law you will not be able to administer the estate correctly. Significantly, you as the executor as personally liable to compensate any beneficiary who doesn’t benefit.
  1. The Will may change after death should all beneficiaries agree to the change. If this is happens you will need Solicitors to amend the Will.
  1. Tax is a significant consideration in Probate and even with simple estates there are over 23 forms to complete, which require varying degrees of expertise.
  1. Probate involves a huge amount of time. Executors must gather details of assets and liabilities, collect the data needed for inheritance tax and also understanding whether inheritance tax is due.
  1. As executor you are personally liable for any mistakes or incorrect distributions
  1. A solicitor is independent of the beneficiaries and can help manage conflicts between the beneficiaries.

Specialist legal and tax knowledge

The probate process comprises numerous reliefs, allowances and write downs to calculate correctly the amount of inheritance tax that is due (or not as the case may be). An experienced professional knows how these work to minimise the amount of inheritance tax payable. The amount of tax saved may far exceed the professional fee charged.

Complications

There may be issues with the validity of the Will, the Will may be contested, there may be trusts set up in the Will, which have their own specific tax and legal rules; there may be overseas property which does not pass under the UK Will or the estate may be insolvent. These are just some issues that could make the process extremely troublesome to the DIY executor.

Protection

All client monies are held in a protected client account. Our solicitors are covered by professional indemnity insurance.

If you would like to speak to a member of our Probate team today please contact us for supportive, expert advice.

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Probate

Why should you use us?

Edward Hands and Lewis have been in business for well over 100 years and we understand our client's needs. Here are a few reasons why you should use us.
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