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The upset of a family member passing is often exacerbated by the responsibilities of having to administer their estate.
Our probate solicitors aim to assist you by making every step of the process as straightforward as possible. Get in touch with Hanson Woods Solicitors today to find out how we can help.
Probate is the process of dealing with the estate of someone who has recently died. If this person has drafted a Will, an ‘Executor' will be named – this is the person responsible for overseeing the distribution of their estate. This will include collecting together the deceased's estate, paying off any outstanding debts, and sharing their assets in line with the wishes in their Will.
Many people will instruct a solicitor to carry out or oversee the probate process on their behalf to avoid any mistakes which could lead to delays or problems emerging further down the line. If you are looking for probate guidance in Essex and East London, our solicitors can help with:
● Inheritance Tax (IHT) and completing tax returns● administration of an estate● preparing estate accounts● obtaining letters of administration and/or a grant of probate● making post-death arrangements that reduce liability for IHT● distributing assets to beneficiaries
To find out more about the services we can provide, get in touch.
Probate Solicitors situated in Essex & East London
Discuss your needs with a member of our team today.
What happens if there is no Will?
If the deceased did not leave a Will, the rules of intestacy are used to determine how the estate will be shared. If there is a relative or friend who is willing to sort the estate, they can apply for a ‘grant of letters of administration’. This makes them the ‘administrator’ of the estate and allows them to value the estate, pay any debts and distribute the estate according to the rules.
Intestacy rules and division of estate
If there is no Will, the estate is divided in a particular order, for example, the spouse of the deceased will receive the majority of the estate. It should be noted that if the deceased had a surviving partner who they were not married to or in a civil partnership with, they do not have an automatic right to inherit from the estate. If no family members exist, the entire estate goes to the Crown.
Identifying potential issues and addressing them accordingly
There is no requirement that the person administering an estate is a qualified solicitor, however, this process can be time-consuming. In many cases, an estate may seem relatively straightforward only for complications to emerge on further investigation.
Administering an estate requires an understanding of the relevant legal procedures, accountancy skills, as well as dealing with all of the beneficiaries detailed in the Will. Having an experienced probate solicitor involved from the earliest stage can ensure a seamless process.