When someone you love passes away, managing their affairs is never an easy task. Probate is just one of many things that you may unfortunately have to deal with throughout your lifetime. Nevertheless, it’s important that your loved one’s final wishes are carried out in the way they had planned for in life.
A probate solicitor can help make sure that claims for financial provision for any relatives not mentioned in their Will are monitored. If those named agree to change the terms outlined in your loved one’s Will, a specialist probate lawyer can make such amends to ensure their final wishes are honoured.
What is probate?
Even with the most straightforward estates, when a loved one passes there are many challenges that can arise, and things can go wrong when left in the wrong hands.
Probate represents the full process of administering the deceased’s estate. This includes organising their personal finances, assets and possessions and, after paying any outstanding taxes and debts, distributing them as inheritance to relatives named in their Will.
If your loved one wrote a Will before they passed, it should name the person they wish to take over their estate. This person is usually referred to as the executor of the Will and plays a part in ensuring their inheritance is distributed to the right people when they pass.
What is a grant of probate?
Before taking over their loved one’s estate, the executor must apply for a Grant of Probate which is a legal document giving them permission to deal with the deceased’s property. The probate process officially ends once all taxes and debts are cleared, and their inheritance is passed on to those named in the Will.
What is involved in the probate process?
Just as in life, no two people are the same and for this reason, final wishes and estates will differ too. The exact probate process varies depending on the instructions left by the deceased. If their final wishes changed before their passing, they may have missed certain instructions which need to be written into their Will.
In this case, the executor will take on the responsibility of contacting a specialist probate solicitor who has the experience and expertise to deal with all the procedural requirements involved in probate. For example, ensuring the right tax is paid, any problems are identified and resolved, and most importantly, all accounts are handled with full legal compliance.
Can a Will be changed after death?
It is possible to change a Will after a passing, however you can only make amends to the share of the inheritance that it has given you and the process requires the services of a qualified probate solicitor. You’ll also need to apply for deed of variation to make even the smallest of changes.
If your application is accepted, you can:
- Give some of your inherited assets to other people
- Pass on your whole inheritance
- Use your inheritance to set up a trust for your family
Changing a loved one’s Will after their passing can be a complex, difficult and upsetting process. Contact our friendly team of specialist probate solicitors in four locations to see how we can help you today.