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Wills And Probate Solicitors

Rely on wills and probate solicitors who support you throughout

Even if you are named as an executor in a will, you still need to apply for probate. This isn’t always easy. The probate process is complicated too – the last thing you need when also grieving the passing of a loved one. That’s where our supportive wills and probate solicitors come in.

It’s the job of a solicitor who specialises in wills and probate to make the process easier for you and to give you peace of mind.

Because, as an executor, you are sometimes personally liable for mistakes made during probate. This means you might have to pay a financial penalty or costs later if any errors are made.

To contact a solicitor near  you call us on 0845 1391399 or complete a Free Online Enquiry

Let Us Help You Write A Will In The First Place

The most powerful protection you can give your loved ones is a cast-iron will that makes sure your wishes are carried out when you are no longer able to make sure they are.

Of course, we all hope that this is a day very far in the future. We also understand it can be a difficult subject to talk about.

Our friendly and supportive will solicitors know how to make the process stress-free and approachable, leaving you – or one of your nearest and dearest – with a will that is valid and easy to enforce.

What Does A Wills And Probate Solicitor Do For You?

On top of creating the document itself, our wills and probate solicitors will guide you through the often complex and stressful process of applying for probate.

Probate is the legal right to handle someone’s estate after they pass away. You need this right in order to sell any property they may own, pay the correct tax, and distribute the legacies to the right beneficiaries.

You can rely on one of our probate specialists to help you:

1) Apply For Probate

Even if you are named as an executor of a will, you still usually need to apply to get the legal document called a Grant of Probate.

There are also some circumstances where you might not need to apply. This might be if the deceased did not leave a will (in which case, you may need what is called a Grant of Letters of Administration) or if their estate was very small (perhaps valued at less than £15 000).

In every case, your solicitor will guide you through the process, explaining how and why you should proceed in this way.

2) Value The Estate

The estate of a person who has died needs to be valued accurately. If the valuation is later found to be inaccurate, as the executor you can be found personally liable.

This makes a legal expert’s assistance invaluable. Our probate solicitors ensure that you have fulfilled all of your legal obligations when it comes to valuing the size of the estate in question.

3) Know The Correct Inheritance Tax To Pay

Inheritance Tax (sometimes abbreviated as IHT) is payable on estates over a certain size. This has to be done correctly – in line with all the relevant laws and based on the correct valuation of the estate.

Our solicitors make sure this is done right. You can rest easy knowing there won’t be any problems further down the line.

4) Collect Assets And Handle Debts

The assets that make up a person’s estate – any money in their bank accounts, investments, stocks and shares, property they own, significant possessions like a car or business – all need to be assessed as part of the valuation and IHT calculations.

For some people, this is fairly straightforward. For others, it requires extensive searches for records of investments that may never have even been mentioned to other family members.

There is a negative side too. Any potential creditors need to be notified that the person who has passed away has an estate that may pay them any money they are owed. There is a set process for doing this that needs to be followed to meet your duties as executor.

One of our solicitors will handle all of these aspects of the probate process for you, meaning you can be confident everything is being taken care of properly.

5) Distribute The Legacies Correctly

The final administration of the estate will include distributing the assets of the estate in line with the wishes in the will.

In the event there is any source of confusion or the will is being contested, you can again rely on our solicitors to support and guide you throughout.

The Wills And Probate Solicitors Near Me

Let us know a little about your situation on 0845 1391399 or by completing a Free Online Enquiry today and we can connect you with a legal specialist who can give you the kind of advice you’re looking for.

 

How To Complain About Solicitors

Solicitors Specialising In Wills And Trusts Near Me

Solicitors Specialising In Wills And Trusts Near MeChoose solicitors specialising in wills and trusts near me

We know how important it is to you to protect the future of your loved ones. That’s why our supportive and approachable team work so closely with you to understand your situation and goals.

Because without a will in place, your wishes for your estate will not be followed. Without a trust, you may not be able to ensure beneficiaries receive the most benefit from your hard work.

To contact a solicitor near  you call us on 0845 1391399 or complete a Free Online Enquiry

But with the right help and guidance, you can ensure your family’s future is secure. Here is how we help you:

How Our Wills And Trusts Solicitors Help Local People

Rely on our wills and trust solicitors to take care of every aspect of creating wills and trusts. Whatever combination best suits your particular needs and circumstances.

That’s where we start. Discussing your circumstances with you in-depth to be sure we are going to be creating the best solution for your specific requirements and wishes.

We also understand that – no matter how important we all know it is to plan for the future – this can be a difficult subject to talk about.

That’s why we also do everything we can to make the process of setting up a trust or writing a will as stress-free, easy, and supported as possible.

What Is A Will?

A will is an important legal document that lets you choose what will happen to your estate – your possessions, your home and any property you own, any money you might have in bank accounts – after you pass away.

If you don’t have a legal and valid will that makes your wishes plain and unambiguous, you risk a set of automatic laws (called the Rules of Intestacy) being used to decide what happens to your estate after you are gone.

Our friendly and highly experienced will solicitors make sure that your wishes will be followed. Your assets will be protected. And the future of your family and loved ones secured.

If things change at any point, updating your will to reflect that is simple. All you need to do is get in touch with us and we can find the most suitable method of ensuring your will continues to safeguard the interests of those you wish it to.

What Is A Trust?

A trust lets you protect assets – such as property, shares, or money in your bank accounts – for someone else. A trusted person – a “trustee” – is chosen to manage those assets so the person you want to benefit from them (the “beneficiary”) is able to do so.

Trusts have many benefits. Not least, the fact that they can help reduce the amount of Inheritance Tax your loved ones have to pay, protecting the fruits of your hard work.

But on top of this benefit, trusts can actually be used in a wide array of situations – both during your life and to protect your assets after you pass away:

  1. Putting money into trust for a child – if a loved one might not yet be old enough to handle assets you have put aside for them, a trust can ensure those assets are safe until they come of age.
  2. Preparing for your own or a loved one’s future care – it’s not uncommon for trusts to be used to set up provisions for someone’s future care. This might be yourself, if you expect your situation to change. It could also be someone else.
  3. Set aside assets from your estate – this can minimise the amount of Inheritance Tax that needs to be paid or be useful in other situations, such as bankruptcy.

In all cases, a legal document known as the “trust deed” governs how the trustee or trustees are allowed to use the assets for the benefit of the beneficiaries.

This means that setting up a trust just right takes care and expertise. Our specialist trust solicitors understand all the options when it comes to organising, managing, and administering a trust.

We give you complete peace of mind that everything is airtight and secure. And that your own future or that of your loved ones is protected.

Get In Touch Today

Let us know a little about your situation on 0845 1391399 or by completing a Free Online Enquiry today and we can connect you with a legal specialist who can give you the kind of advice you’re looking for.

 

How To Complain About Solicitors

Can You Put A House Up For Sale Before Probate?

Can You Put A House Up For Sale Before Probate?Can you put a house up for sale before probate?

Inheriting property is a generous gift from a departed loved one. Sometimes though, you may wish to sell that property. Perhaps it reminds you of your loss. Perhaps you would rather have its monetary value. So, how long do you need to wait? Can you put a house up for sale before probate?

In short, yes. You can start the process of selling a house before the probate process is complete. However, you cannot actually sell the property until probate is granted.

To contact a solicitor near  you call us on 0845 1391399 or complete a Free Online Enquiry

Here is what you need to know about the probate process and the stages of selling a house you can go through before it is granted:

What Is Probate?

Probate is the legal right to deal with the estate of someone who has passed away. Probate can only be applied for by someone named as the executor of a will. In England and Wales, the right arrives in the form of a legal document called a Grant of Probate.

When there is no will, a similar right called a Grant of Letters of Administration should be applied for. In Scotland, the process is slightly different.

If you are an executor, applying for probate can be done personally. That said, many executors rely on their solicitor to handle the process as it means you will not need to interact with family members or other concerned parties.

Can You Put A House Up For Sale Before Probate?

Yes, it is possible to put a house up for sale before probate has been granted. To reiterate though, you won’t be able to complete the sale or exchange contracts until you get probate.

This means that if you are lucky enough to find a buyer quickly, they will need to be happy to be kept on hold until you receive your Grant of Probate. You will want to be clear about this upfront in case the buyer takes the delay as motivation to buy something else.

As an executor, one thing you can and should do whether you are selling the house or not is to get a professional valuation.

You’ll need to have this ready before you can complete the probate application process. This is because a valuation is needed in order to calculate the correct Inheritance Tax that will be due (this is based on the total value of the deceased’s estate).

A sensible valuation normally involves getting estimates from two or three different estate agents to make sure you are getting an accurate figure. You can then put the house on the market (with the above understanding).

Can A Deceased’s Estate Be Sold Without Probate?

No. You will not be able to sell or administer any part of a deceased person’s estate before you receive your Grant of Probate (or, in some cases, the Grant of Letters of Administration). You won’t have the legal right to do so without it.

It’s also worth reinforcing that even though they don’t technically “own” the property, it is the executor of the will who is able to sell a probate house on behalf of the estate. They can only do this if that is what is specified in the will and it is in the interest of the beneficiaries.

If you are to receive the house because you are the beneficiary of a will, you will normally need to wait for probate to be complete and ownership of the house to be transferred to you before you can sell it.

How Long Before I Can Sell A House In Probate?

After you have a valuation, you can put a house in probate up for sale right away. Again though, you cannot actually sell it before you receive your Grant of Probate.

It is worth knowing that it can take anywhere from eight weeks to twelve weeks for probate to be granted. This can be even longer if there are any issues or if the circumstances surrounding the will aren’t clear for any reason.

As the executor, it is also worth bearing in mind that you are responsible for making sure the property is protected during this time. Capital Gains Tax may also be due if the property has taken so long to sell that its value has changed (very possible in today’s volatile market).

Get The Help You Need To Administer An Estate

If this is your first time being the executor of an estate (and even if it’s not), specialist legal expertise is invaluable.

Get In Touch Today

Let us know a little about your situation on 0845 1391399 or by completing a Free Online Enquiry today and we can connect you with a legal specialist who can give you the kind of advice you’re looking for.

 

How To Complain About Solicitors

Making An Offer On A Probate Property

Making An Offer On A Probate PropertyMaking an offer on a probate property is fairly common. There are even some upsides compared to buying other properties.

However, there are also some important things to be aware of. Not least, the effect that the probate process can have on things.

To contact a solicitor near  you call us on 0845 1391399 or complete a Free Online Enquiry

Here is what you should know about probate property if you are considering making an offer on one:

What Does Probate Mean?

Probate is the legal right to administer the estate of a person who has died. The person who is responsible for applying for probate (and the only person who can normally do so) is someone named as the executor of a will.

It is the executor’s job to carry out the wishes listed in the will. This involves distributing the deceased’s assets (money they owned, personal items, and – most importantly for our purposes – property) to the beneficiaries named in their will. They are also several other vital duties.

If the person who left the will had any debts, they will need to be paid off. Rarely, this may necessitate selling off a property – but only if it is in the interests of the beneficiaries. On other occasions, a will stipulates that a certain property should be sold in a certain way.

But the executor cannot start to properly administer the estate until they have probate. This comes in the form of a legal document called a Grant of Probate. The process of applying for this takes time.

What Is A Probate Property?

The length of time required to successfully apply for probate and receive the grant can run into weeks and months. Eight or even twelve weeks is the average timeframe that’s normally suggested.

During this time, an executor cannot sell any property that is part of the estate in question. They can, however, start taking offers.

“Probate property” is the term used to describe a property that is part of a deceased person’s estate where the Grant of Probate is yet to be acquired. It is on the market and open to offers but it cannot yet be sold.

Can You Make An Offer On A Probate Property?

Yes, you can make an offer on a probate property. Executors can and regularly do put these properties on the market before they are able to actually complete a sale.

This is because part of the process of applying for probate involves getting a property valuation so that the correct inheritance tax can be calculated. It often makes sense to then at least start the sales process.

In many ways, there is little difference between buying a probate property and buying any other. The only difference is that there will definitely be some time before you are legally allowed to buy the property.

Given the potential length of any given conveyancing process, this isn’t always a problem. That said, there are some ways probate properties can differ from the norm.

The Benefits Of Buying A Probate Property

  1. Can be open to a lower offer – probate properties may previously have been inhabited by an elderly person who could not care for it as they might have liked.
  2. Might be good renovation projects – for similar reasons, probate properties can require some renovation work.
  3. Will not be part of a chain – though often keen to complete, the seller is likely to have much more flexibility than others and won’t be in a chain.

What Are The Problems With Buying A Probate Property?

1) Legal Right To Sell

One unusual thing about probate property is that the person selling it is not normally the person who owns it. This can create difficulties.

The executor of an estate is in charge of administering it. This may include selling any property that the will stipulates or potentially that the estate’s finances make clear is in the interests of the beneficiaries.

Sometimes though, beneficiaries do not wish a property to be sold. This disagreement can even go to court in some cases.

You will also always know that the person selling a probate property – by definition – does not have the legal right to sell it just yet. They won’t have it until they receive that Grant of Probate permission document.

2) Potential Delays

The probate process isn’t always a smooth one. It is always worth asking how far through the process the seller is and how likely it is for issues to be raised. The estate agent may know – or you might be able to get your solicitor to find out for you.

On your side, it’s wise to consider whether you have other people (for example, in a chain) waiting on you to make this purchase.

If there is a problem with the seller getting their Grant of Probate, will everyone else on the chain be happy to wait? Probably not.

3) Possible Lack Of Information

Because the seller of a probate property is not the owner, they may not have as much information about the property to hand.

This means they might not be able to complete the Property Information and Fittings and Contents forms as completely as you might like. This makes it doubly worthwhile getting your own survey done and confirming your conveyancing solicitor will complete extensive searches.

Do Probate Properties Sell For Less?

Possibly. But only because they can be older properties that may benefit from some renovation work.

The executor is required to sell the property at a fair market value. They’re actually potentially liable for the difference if it isn’t, so don’t expect discounts on probate properties for anything other than things the market would usually price accordingly.

Making An Offer On A Probate Property

Making an offer on probate property can be a great idea. But it’s something you should always do with care – and with expert legal advice on your side.

Get In Touch Today

Let us know a little about your situation on 0845 1391399 or by completing a Free Online Enquiry today and we can connect you with a legal specialist who can give you the kind of advice you’re looking for.

 

How To Complain About Solicitors

Find A Conveyancing Solicitor

Find A Conveyancing SolicitorHow to find a good conveyancing solicitor – communication is key

Communication is without doubt the key that will help you find a good conveyancing solicitor. But why?

Conveyancers in the UK as a whole tend to attract a bad reputation. Often though, this reputation is not the fault of the individual.

Because the conveyancing process can be long and complex. Issues can arise. Timeframes can get stretched as any one of dozens of different organisations fails to respond in a timely fashion.

What lets many conveyancing solicitors down is that they fail to communicate the reason for these delays to their clients.

To find a solicitor near you contact us on 0845 1391399 or complete a Free Online Enquiry.

How To Find A Good Conveyancing Solicitor

1) Get A Direct Line To Your Actual Solicitor

Large law firms that have a specialist conveyancing team are all very well. Ideally though, you will want a specific named solicitor who is handling your case.

Having a named contact means you have someone who will always be up-to-date on the details of your particular case. If you have a question, they can answer it.

Medium and larger firms may delegate “admin” work like communicating the status of cases to a paralegal or assistant. This might be acceptable in a small office where a personal link can be maintained.

In the largest conveyancing firms (these are sometimes called “conveyancing factories”) though, it often leads to a situation where an assistant can only check details on a screen that you can check yourself, leaving you none-the-wiser.

2) Test Their Communication

Once you’ve got a name, it’s time to get a sense of how well they communicate with you. Get in touch with them. Try emailing. Give them a call. See what happens. Have a couple of questions ready. Then you can ask yourself:

  • Do they respond in a timely fashion?
  • Do they call you back if they can’t answer immediately?
  • Are they ready to discuss your case?
  • Are they across the detail?
  • Do they seem eager to help and answer questions?

This may come down to your “gut reaction” to any rapport you seem to have. But this is an important part of working with a solicitor for any reason – trust. If you don’t have it, it’s difficult to believe your conveyancing solicitor is any good at all.

3) Ask What Happens In An Emergency

It’s not always necessary in conveyancing, but knowing what they will do if something unexpected happens can be a useful barometer.

One – hopefully unlikely – scenario is that you have some sort of legal problem with the property arise outside of business hours.

A slightly lower-key but more likely issue is that your regular solicitor goes on holiday. What would happen then? Is there a replacement? Who are they?

You don’t want to risk your communications getting interrupted.

Should I Use A Conveyancer Recommended By My Estate Agent?

One “easy” solution to finding a conveyancer is to use the one recommended by your estate agent. It’s rarely a good idea to go down this route though.

Most estate agents have deals with at least one conveyancing firm. These kinds of deals come with some pretty exciting referral fees (for the estate agent, not for you) that tend to make them more expensive than other options.

There’s also at least one major UK chain of estate agents that owns its own conveyancing firm.

In short, it’s not guaranteed that using a conveyancer recommended by your estate agent is a good deal for them and a bad one for you. But it’s definitely worth seriously investigating any recommendation before you go ahead.

What If I Have No Choice In My Conveyancer?

Some mortgage lenders have “approved panels” of conveyancers. These may be wide-ranging or quite limited. This may restrict (or entirely remove) your choice as to which solicitor you are able to use.

In these cases, if you think you need to use that lender but are also less than confident about the quality of service their conveyancer will deliver, you are – unfortunately – a little bit stuck.

Unless you can go with another lender, you’ll just have to stick with the slightly less-than-perfect service.

Find A Good Conveyancing Solicitor

The best tip to help you find a good conveyancing solicitor is to start your search as soon as possible. Don’t wait until you have an offer accepted. Start reaching out and judging the responses you get.

Get In Touch Today.

Let us know a little about your situation on 0845 1391399 or by completing a Free Online Enquiry today and we can connect you with a legal specialist who can give you the kind of advice you’re looking for.

 

How To Complain About Solicitors