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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. You must carry out your loved one’s final wishes in the way they had planned for in life.
A probate solicitor helps to monitor the claims for financial provision for relatives not mentioned in wills. A specialist probate lawyer can make amends if those named on the will agree to the changes.
When someone dies, even simple estates can have problems if not handled properly. It’s important to make sure the right people are in charge to avoid mistakes.
Probate represents the full process of administering the deceased’s estate.
This includes organising their finances, assets and possessions. After paying outstanding taxes and debts, assets can be distributed 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. A specialist probate solicitor can help with this.
Before taking over their loved one’s estate, the executor must apply for a Grant of Probate. This is a legal document permitting them to deal with the deceased’s property.
The process of probate officially ends once all taxes and debts are cleared, and their inheritance is passed on to those named in the will.
Final wishes and estates will always differ from case to case. The exact process varies depending on the instructions left by the deceased.
If the final wishes changed before their passing, they may have missed certain instructions which need to be written into their will.
In this situation, the executor should contact an experienced solicitor to handle all the necessary steps for probate. This might include making sure the correct taxes are paid, solving any issues, and handling all accounts legally.
The duration of probate can vary from 16 weeks through to 12 months, depending on the complexity.
The 16-week timeframe is apparent when using the Probate Registry (part of HM Courts & Tribunals Service) which aims to sort all applications before the 16-week cut-off. However, delays can happen if additional information is required.
It is much more common for the average process time to take between nine and 12 months from death date to asset distribution.
It is unfortunately not possible to change a will after the Testator has passed away. However, it is possible to vary the provisions of a Will to amend how assets are distributed, if you should wish to vary the inheritance you are set to receive. This will however require expert knowledge from an experienced solicitor to ensure all necessary legalities are complied with and should not be attempted without first seeking legal advice.
If your application is accepted, you can:
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 to see how we can help you today and to find out more about the cost of probate.
Please fill in the form below and we will call you to discuss your needs.
