Many solicitors offer probate alongside their wills services but many people do certainly not know what probate means and what the role of a solicitor is in administering it.
Probate is basically the legal process of sorting out any estate, will and other unresolved issues after someone has passed away. A probate solicitor will ensure and bear witness to observe that the will is properly executed and that what takes places adheres to the law.
Each time a person makes a will, they’ll usually appoint the same solicitors to stay charge or probate once they pass Wills solicitors. This has the benefit of knowing that they could be more likely to truly have a better understanding of the wishes in the will, having helped to place it in place. You will also be sure they have written the will in ways that suits their probate method.
A probate solicitor may have to choose an executor of the person’s will if this has not been stated in the will. They will usually select a close member of the family or friend if none are available.
Administering probate can be a stressful and complicated process so hiring a skilled probate solicitor is recommended to help be sure that everything runs smoothly.
The probate solicitor will first value the estate of the deceased, looking at property, bank accounts and other financial investments. They will then decide whether general representation is needed. This is a document which gives written permission for the executor to administer the will and is usually needed whenever a person leaves stocks or shares, property or land held in their particular name or as ‘tenants in common’ or if they have certain insurance policies.
A probate solicitor also can help to fathom inheritance tax for you yourself to assure you spend the proper amount. Inheritance tax is not always due however if the sum total of any estate left in the will plus any gifts made within seven years is a lot more than £325,000 (in 2011-2012), then inheritance tax is payable at 40%. There are some issues that change the threshold such as for instance for married couples and civil partners, gifts to charities, annual relief, small gift allowances and business, woodland, heritage and farm relief.
A probate solicitor will likely then ensure all the proper people in the will are paid what they are due, that any fees and charges are paid and that any loose ends are tied.
It must be noted that probate laws in England are dissimilar to those in Scotland and Ireland. For any clarification, you can always check out the DirectGov website or visit a citizens advice bureau where someone will be able to make sure you obtain the support you need.