Wills and Probate

When someone dies, their possessions, finances, liabilities, property and so forth, (known as their estate) must all be finalised and distributed. It doesn’t matter if the Wills and Probate Solicitor is dealing with the contents of a small house in Leicester or the mansion of a billionaire, it all goes through probate.

Let’s deal with what we mean by probate first because it can be an area of some confusion. You may well have heard the phrase ‘in probate’ in connection with the estate of someone who has passed. One common way people hear about it is when someone is buying the property of a deceased owner and need to wait for ‘probate’ so they can exchange contract to buy the house. That is only a part of what probate covers but it is a good example of why it is important. Until it is settled, nothing can be finalised.

Essentially probate is the legal process of administering a person’s estate (everything they owned and liabilities they owed) after they have died. Until it is settled by probate, their estate cannot be legally distributed.

What a wills and probate solicitor does

If the deceased left a will, probate involves the solicitor ensuring it is legally appropriate and then distributing the estate according to its instructions.

If there’s no will (known as dying “intestate”), the probate process becomes more complicated. Sometimes this can result in families and other interested parties coming into conflict over the estate. A good Wills and Probate Solicitor will understand and help settle things. Emotions often run high after a bereavement, but the law is there to define what must happen to the estate.

When Will You Need a Wills and Probate Lawyer

Anyone dealing with the estate of a deceased person, especially if the estate is large, complicated, or includes property, will benefit from the help of a solicitor. Having a Solicitor here in Leicester and local to either you or the deceased can have several advantages. For example,

• Face-to-Face Support: In-person meetings can often make complex matters easier to understand and give you more opportunities to ask the questions you will almost certainly have.
• Local Knowledge: A solicitor based in Leicester will have good knowledge of the local courts, property values, and legal landscape. This can help speed up processes like property valuations or communicating with regional probate offices.
• Easy Access: If you need to drop off documents or sign paperwork, having a solicitor nearby makes the process more convenient.

Here are some common scenarios where you might need a Wills and Probate Solicitor:

1. Writing a Will: If you want to ensure your estate is distributed according to your wishes then a legally sound will is unavoidable. Nobody wants to dwell on their own death but getting it right now will ensure there are fewer family disputes or complications later.

    

2. Probate After a Bereavement: If you have been named as an executor (the person, or one of the people, who are responsible for carrying out the wishes of the deceased), a solicitor can guide you through the legalities of probate. Whether there is a will available or not, probate could involve: paying taxes, ensuring the estate is settled, ensuing the will is followed, proving ownership and many other legal functions.

    

3. Complex Estates: Some estates are more difficult than others. A good example is when probate includes a business, overseas property, or similar secondary legal complications. These need careful handling by a professional who understand the legal position.

    

4. Disputes Over a Will: Sadly, disagreements among the heirs of the deceased, particularly if there was no will or it was unclear, are not uncommon. A contested probate solicitor will bring the specialist knowledge and expertise that will be needed to avoid costly disputes that can take months, or even years, to resolve. If someone feels unfairly treated or disputes the validity of a will, legal guidance is crucial. A solicitor can help resolve these issues quickly, efficiently and professionally. Part of this will be helping keep emotions in check by clearly defining the legal position. 

A Wills and Probate Solicitor is There to Help

Bereavement is often an emotional time, so planning aheadand creating a will is important, as quickly is resolving a dispute if it arises. A Wills and Probate Solicitor is there to help. They will ensure the legal position is clear and, with empathy for your position, ensure probate completes as soon as legally possible.

When you are dealing with a death in the family, acting as executor, or unfortunately involved in a dispute, it is in everyone’s best interests to have a Wills and Probate Solicitor on hand. They are there to help you finalise the probate so you can gain the closure you so often need.