Probate Solicitors Near Me | Solicitors Near Me For Probate UK

Next Of Kin Meaning

Next of kin meaning, legality, and your rights in the UK

Most people assume that their next of kin have legal rights. If something were to happen to you, your kin would be able to make decisions for you. In fact though, next of kin has almost no meaning in legal terms in the UK.

This can make already difficult times all the more challenging. Because if you want to make important decisions about the care of a loved one, such as making a lasting power of attorney, you need to have the legal right to do so.

Being their next of kin isn’t enough. Let’s take a look at how to make sure you and your nearest and dearest are protected if the worst should happen:

Who Is My Next Of Kin?

The term “next of kin” is used mainly in situations where you need to choose an emergency contact. If something bad happens, this is who will be contacted.

When most people are asked to nominate their next of kin, they’ll likely choose their nearest blood relative. Others might choose their spouse.

But you aren’t limited to these choices. You could opt to make your closest friend or a long-term partner with no legal link your next of kin. You can even have multiple next of kin.

However, the most important takeaway is that the phrase “next of kin” doesn’t confer any sort of legal rights or standing. The only time someone’s next of kin actually matters in legal terms is when that person is under 18 years of age.

What Are Your Next Of Kin’s Legal Rights?

Being someone’s next of kin (or making someone your next of kin) gives you no legal rights or standing.

If you don’t put actual legal protections in place, such as a lasting power of attorney, this can, and regularly does, create all kinds of problems.

Picture a loved one who is seriously ill. They can’t make decisions about their own care. But you can’t either because just being their next of kin gives you no rights to do so.

That’s why it’s important to give actual legal rights to someone you want to make your next of kin.

How To Give Legal Rights To Your Next Of Kin

To give your next of kin the kind of legal rights that most people assume they have automatically you need to appoint them as your attorney.

This is normally done by setting up what is known as a Lasting Power of Attorney (LPA). There are two different types of these legal rights. They cover slightly different decisions you might need to make for someone (or have them make for you) when you no longer have the mental capacity to do so:

LPA for property and financial decisions – things like paying bills or rent, collecting rent, maintaining property they own, or managing their bank accounts or investments.
LPA for health and welfare – things like deciding where or how they are cared for, right down to the things they eat or who they can see in some cases.

It’s important to understand that a Lasting Power of Attorney needs to be set up in advance of the situation that requires it to come into effect.

A common example would be when a person knows they are likely to lose the ability to make decisions in future because they are suffering from dementia. In this case, they would set up LPAs that would appoint attorneys they trust to make vital decisions for them.

Again, this can’t be done after the fact. The LPAs need to be prepared in advance – when the person (the donor who is handing over their decision-making rights) has the mental capacity to do so.

Being Next Of Kin But Not An Appointed Attorney

If you are a person’s next of kin but haven’t been appointed as their attorney, you can apply to the Court of Protection (the court responsible for these matters) to gain the right to act for them.

The process is by no means guaranteed. That’s why it’s safest and easiest for everyone concerned to set up the right LPAs before a person who is expected to lose mental capacity does so.

Dealing With An Estate Without A Will

If a person you love has passed away without a will, known as dying intestate, you do have some legal right to deal with their estate (their assets, property, and so on) as their next of kin.

Once more though, the legal standing and meaning of next of kin here aren’t automatic. You’ll need to apply for a legal right called a Grant of Letters of Administration. Again, this is why it’s so important to write a will and prepare in advance. Simply being someone’s next of kin is no safety net at all.

Need to speak with an expert about your particular situation?

Let’s chat about it. Solicitors Near Me can find you just the right friendly, approachable legal specialist to talk about powers of attorney.

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How Long Does Probate Take UK?

How Long Does Probate Take UK? After a death, an estate executor or administrator is responsible for winding up the deceased’s affairs. This often involves obtaining a Grant of Probate or a Grant of Letters of Administration, the document which gives legal authority to deal with the deceased’s finances. We answer the question – how long does probate take? – and look at the process involved.

Obtaining a grant can be time-consuming and there are a number of steps to go through before an application can be made to the Probate Registry.

If you need help in dealing with an estate administration, to include obtaining a Grant of Probate or Grant of Letters of Administration, we can connect you with expert probate solicitors.

We have a range of hand-picked solicitors on our books who have been chosen because of their legal expertise, their ability to manage even complex cases and their excellent level of service.

We will make sure that you have the right solicitor for your needs.

To be connected to an expert probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

How Long Does It Take To Get Probate?

The length of time it takes to obtain a Grant of Probate or Grant of Letters of Administration depends on several factors, including the complexity of the estate, how much time the executor or administrator can devote to the task of winding up the estate and how quickly Inheritance Tax is paid.

Below, we set out the steps for applying for a Grant of Probate together with an estimate of the length of time this could take.

Working Out Who Will Be Dealing With The Estate

The first step in winding up an estate is to work out who will carry out the work involved. If the deceased left a Will, this will name one or more executors. If more than one executor is named, it is open to some of the executors to have power reserved if they wish. This means that they will not take any part in the winding up of the estate, but if they ever needed to step in, they could ask the Probate Registry to grant them this power.

An executor can also renounce their executorship if they do not want to deal with the administration. It is important that if they want to renounce, they take no steps at all in dealing with the estate. If they take any action in the administration, it will not then be possible to renounce the executorship.

Where the deceased did not leave a Will, someone entitled to inherit their estate under the Rules of Intestacy will usually become an administrator.

Whoever takes on the role of executor or administrator, it is open to them to instruct a probate solicitor to deal with the administration on their behalf. The legal costs will generally be payable out of the estate.

Valuing The Estate

The next step is to value the estate. This involves finding out how much all of the deceased’s assets were worth as at the date of their death, to include savings, property and valuable items such as cars, jewellery and furniture. The amount of any debts should also be calculated and deducted from the sum of the assets to give a net value for the estate.

If the deceased gave any gifts of cash or valuables during the last seven years of their life, these must also be noted.

Paying Inheritance Tax

The net value of the estate is then used to calculate whether Inheritance Tax is payable. This can be a complicated calculation as there are allowances that can be made and also transferred if a spouse’s estate did not use their allowance at the time of their death.

If the value of the net estate, including gifts made in the preceding seven years, exceeds the Inheritance Tax threshold, then the executor or administrator will need to work out how much is payable. With regard to the gifts made in the preceding seven years, the tax is payable on a sliding scale depending on how long ago they were made.

Forms need to be filled out and payment made to HM Revenue & Customs, who will provide a receipt. Depending on how many different types of asset were included in the estate, several forms will need to be completed.

Applying To The Probate Registry

The estate’s executor or administrator will then need to fill in an application form for the Grant of Probate or Grant of Letters of Administration. This is sent to the Probate Registry together with the application fee, the original Will, if there is one and the death certificate. The Inheritance Tax receipt is provided directly to the Probate Registry by HM Revenue & Customs.

The Probate Registry will take up to ten weeks to process the application, depending on their workload.

Receiving The Grant Of Probate Or Grant Of Letters Of Administration

Once the grant has been received, the executor or administrator can start closing bank accounts, cashing in savings, selling shares and selling property. It is open to them to put a property on the market before the Grant of Probate or Grant of Letters of Administration has been received, but the sale cannot be completed until the grant has been received.

How Long Does It Take To Get A Grant of Probate Or Grant Of Letters Of Administration?

Valuing an estate can take several weeks, depending on the assets held by the deceased. The executor or administrator will need to write to all of the asset holders asking for valuations as at the date of death. They may also need to obtain professional valuations of some items.

HM Revenue & Customs will also take some time to go through the forms sent to them and ascertain that the correct amount of Inheritance Tax is being paid. They aim to do this within two weeks and advise that you should wait three weeks before applying for a grant.

Adding to this the ten weeks that the Probate Registry may take to deal with the application, the process of obtaining a grant is likely to take several months. If mistakes have been made and one of the organisations has to come back to you it will slow matters down.

If you want to secure a grant without avoidable delay, for example, because you want to sell a property, you could consider asking a probate solicitor to deal with it on your behalf. They have the experience to ensure the Inheritance Tax forms and probate application are accurate, giving you the best chance of receiving the grant without avoidable delay.

Find Probate Solicitors Near Me Now

To be connected to a specialist probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Probate Solicitors Near Me – Solicitors Near Me For Probate UK

Are you looking for Probate Solicitors Near Me? We can connect you to expert probate solicitors near to where you live or work.

Dealing with the winding up of someone’s affairs after their death can be a major undertaking at what is likely to be a very difficult time. Our probate solicitors understand this and are sympathetic and approachable as well as being experts in the field.
Probate Solicitors Near Me - Solicitors Near Me For Probate UK
If you would like to be connected to probate lawyers who will be able to help you through the process of administering a loved one’s estate, fill in your details and we will find you the right solicitor to help you. This will be at no cost to you for the connection and no obligation to go ahead with them.

Do You Need Help Finding Probate Solicitors Near Me?

Using a local probate solicitor is often beneficial. You will be able to attend their offices, should you need to, and they will be well-placed to deal with related issues such as the sale of property in the area.

Solicitors Near Me can find you experienced probate lawyers near where you live or work. Our service was set up by a former solicitor who realised how difficult it was for people to identify good quality legal services in their local area. He put together a service matching those with legal needs with hand-picked professionals who are able to offer expertise along with excellent service.

To be connected to specialist probate Solicitors Near Me, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Solicitors Near Me Probate Service

Our probate solicitors offer a full service, including the following:

Representing estate executors or administrators
Applying for a Grant of Probate or Grant of Letters of Administration
Calculating Inheritance Tax and accounting to HM Revenue & Customs
Identifying assets and arranging for valuations
Locating beneficiaries, to include advertising for missing beneficiaries
Collating and clearing the deceased’s debts and other liabilities
Creating trusts as required under the terms of the Will
Arranging for the sale of any property or other assets
Collecting in the deceased’s assets
Preparing estate accounts
Distributing the estate to the named beneficiaries
Dealing with disputes and claims against the estate

Where Are Your Probate Solicitors?

We can call on expert probate lawyers across the UK, with probate specialists in England, Ireland, Northern Ireland, Scotland and Wales within our service.

How Much Does Our Find A Probate Solicitor Near Me Service Cost?

We can connect you with a probate law expert free of charge. There is no obligation to use their services. Once we have provided you with the name of a local probate solicitor, you can liaise with them to see if they will be right for your needs. You can then either decide to proceed with them or not. If you do not go ahead at this stage, there will be no cost to you. Only once you ask them to start work on your behalf will you be liable to pay their fees.

Why Do I Need A Probate Solicitor?

Dealing with probate, or the finalisation of someone’s affairs after their death can be a complex process. There is generally a large amount of paperwork spread across a number of organisations and this alone can be exceptionally time-consuming.

The legal aspects can also be challenging. As an executor or administrator, you need to ensure that you identify and clear all of the deceased’s debts, that you correctly calculate the amount of Inheritance Tax due and that you locate every beneficiary.

If you make a mistake that costs the estate money, for example, paying insufficient tax or paying a bill late or failing to insure a vacant property, you could be held personally liable for any losses, even if it was a genuine error.

The solicitors that we recommend have extensive experience of the probate process and will ensure that the matter runs smoothly and that all of the details are attended to.

Payment of Inheritance Tax

It will be necessary to account to HM Revenue and Customs for the correct amount of Inheritance Tax before you apply for a Grant of Probate or a Grant of Letters of Administration. This is not always straightforward.

The sum due will be calculated on the basis of the value of the estate and the amount given by way of gifts by the deceased during the last seven years of their life. The Inheritance Tax threshold will be applied, together with any allowance that was not used by the deceased’s spouse, if they died first.

This can make calculating the amount of tax payable quite complicated. If errors are made and Inheritance Tax is underpaid, the estate could be liable to pay interest and a late-payment penalty, which could be recoverable from the executor or administrator.

Identifying creditors

It is vital to ensure that all of the estate’s creditors are identified. Where there is a risk that creditors exist and the executor or administrator does not have their details or information about the amount owed, adverts should be placed both in the local press and in the Gazette asking creditors to come forward.

Where the deceased had business interests in several areas, adverts should be placed in the local papers there as well.

Failure to do this could result in creditors coming forward after the estate has been distributed. Therefore claiming payment from the executor or administrator, who would have personal liability.

Distributing the estate

Similarly, all of the beneficiaries to the estate need to be identified. Where a beneficiary is missing, it can cause delays in the winding up of the estate.

If it is not known whether or not a beneficiary exists, this can be even more complicated and time-consuming. An example might be where the deceased left their estate to nephews and nieces without specifically naming them. Those left behind are unsure how many exist and where they live.

Research would need to be done to try and uncover the necessary information. Notices may need to be placed in the press and heir tracing agencies used to try and find them.

Solicitors Near Me Who Deal With Probate

We will put you in touch with a local solicitor who will be able to start the probate process. While estate administration can take some time, our solicitors will always work proactively to finalise matters without unnecessary delay. They will ensure that the estate’s liabilities are discharged in full.

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To be connected to a specialist probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Will Writing Solicitors Near Me | Solicitors Near Me For Will Writing UK

Are You Looking For Will Writing Solicitors Near Me? We can connect you to expert Will Writing solicitors near to where you live or work.

It is important that everyone aged 18 or above has a Will in place. There are several reasons, including the reassurance that your loved ones will have in knowing what your wishes are and who you want to Will Writing Solicitors Near Me | Solicitors Near Me For Will Writing UK inherit your estate. Making a Will is also known to reduce the risk of disagreements arising after someone’s death. If there is no Will, then relatives may end up arguing in the difficult weeks and months following a death and end up in a stressful and lengthy dispute.

Making a Will is not always straightforward. There are strict rules which must be followed in order for the Will to be valid. This is why it is always recommended that you seek professional advice and have your Will drawn up by an experienced Will writing solicitor.

A further advantage of using an expert Will writer is that they may be able to suggest ways of making your estate more tax-efficient, saving money for your beneficiaries.

At Solicitors Near Me, we can connect you with a Will writing solicitor near you who will take full instructions from you and draw up a bespoke Will, tailored to your unique circumstances and designed to protect your assets and pass them on to your loved ones with dispute or difficulty.

Need Help Finding Will Writing Solicitors Near Me?

Solicitors Near Me can find you the right solicitor, free of charge and without obligation. Our solicitors are hand-picked to ensure you receive excellent service as well as outstanding legal advice. Set up by a former solicitor who saw how hard it was for individuals to find good quality legal advice, our service provides a selection of expert lawyers for you to choose from, safe in the knowledge that they will offer a market-leading service at a competitive price.

To be connected to an expert Will writing solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Will Writing Solicitors – Solicitors Near Me For Will Writing UK

Our expert Will writing lawyers have in-depth knowledge of Wills and adjacent areas of law such as trusts and Lasting Powers of Attorney. They can advise you across a range of issues, including the following:

Taking your instructions and drafting your Will;
Advising on Inheritance Tax liabilities;
Advising on tax efficiency;
Advising on and setting up trusts;
Lasting Powers of Attorney;
Inheritance Act claims;
Wills disputes;
Estate planning;
Court of Protection and deputyship;
Deeds of variation;
Advice regarding lifetime gifts.

Where Are Your Will Writing Solicitors?

We operate across the UK, with specialist Will writing lawyers in England, Ireland, Northern Ireland, Scotland and Wales that we can connect you with.

How Much Does Our Find A Will Writing Solicitor Near Me Service Cost?

We will connect you with an expert Will writing lawyer completely free of charge and without any obligation. You will have the opportunity to decide whether they are the right fit for you before you go ahead and instruct them. If you decide you would like them to act for you, you can engage them at that point. Up until they are instructed by you, there is no obligation and no cost to you. Only once you have asked them to represent you will you take on any liability.

Why Do I Need A Will Writing Solicitor?

It is very easy for errors to be made in the drafting and signing of a Will. There are strict rules for the Will witnessing process and for what happens if a Will is not correct. If mistakes are made, your Will could well be invalid, which would mean that your loved ones might not inherit anything from your estate.

Free Will writing services that are sometimes available may not offer the expert service that you need. If a Will is ambiguous or flawed, then your relatives might miss out on what you want them to receive. There is also a much bigger risk that a disagreement could arise after your death. If it does, then your executors would have to defend any legal action against your estate, which is likely to be expensive and take a considerable amount of time.

While a free Will writing service may seem like a bargain at the time, it could be a very costly mistake in the future for which your beneficiaries will pay the price. Wills are not expensive in comparison and taking advice from an expert Will writing solicitor can often mean that your estate will save money by being structured in a tax-efficient way.

Other Services

As well as being experts in Will writing, our solicitors also offer a wide range of complementary services, such as Lasting Powers of Attorney, which can help make life smoother for you as time goes by. They will be able to discuss what is appropriate for you in your particular circumstances and advise you in the light of your needs and wishes for the future.

Our Solicitors Near Me Will writing service will put you in touch with local Wills solicitors who will be able to start work on your behalf straight away, putting the right documentation in place to protect you and your loved ones.

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Best Solicitors for Probate

If you are looking for a probate solicitor to help you with the probate process, who should you choose?

Of course, you will want someone who is good at their job, who specialises in probate and can provide you with an excellent service. But you may also be concerned about the costs involved. After all, employing a probate solicitor will decrease the amount of inheritance available, as the legal fees and other disbursements will usually come out of the estate.

Therefore it goes without saying that you will want to find a probate solicitor who is going to do a great job, but who will not cost the earth. This might sound like an impossible brief, but with so many probate solicitors located throughout England and Wales, there is sure to be legal provider who meets your criteria. It’s all about finding them!

Best Solicitors for Probate

Things to consider

When looking for the best solicitors for probate, there are certain things to watch out for.

For example, it is important that you select a firm, organisation or individual that is experienced in probate matters. This will ensure that your solicitor will have the knowledge and expertise to deal with any issues that may arise. Even simple estates sometimes run into problems, such as recovering foreign assets or dealing with a contested Will.

A good way to tell if a probate solicitor is a probate specialist is to check whether the firm or individual carries the Law Society’s Wills and Inheritance Scheme Accreditation. They may also (or alternatively) be members of the Society of Trust and
Estate Practitioners.

Looking at online testimonials and reviews can be another way to get a feel for a firm or solicitor. While by no means a fool proof method, it can be useful to hear about what other clients thought of the service and can provide an insight into the offering provided.

You should also clarify what legal fees are involved. Different probate solicitors charge in different ways. Some will take a percentage of the total value of the estate, others charge an hourly rate, while others are happy to set a fixed fee. Be sure to find out exactly what the fees are and how you will be charged.

The price could be a major factor in determining which probate solicitor you choose, so you need to be sure that the information you get is correct at the outset. Otherwise you could reach the end of the probate process and be handed a legal bill which is larger than expected.

These tips should help you to find a probate solicitor who can deliver the service you need, but who also matches your financial expectations.

Let us do the searching for you

We understand that after a loved one dies, you will not relish the idea of searching for a probate solicitor. It is an emotional time and there can be a lot of admin to take care of. That is why we are here to find a probate solicitor on your behalf. We will connect you with probate solicitors near you, and will hand pick the right solicitor based on your criteria.

This service is 100% free of charge. To get started, simply fill in the free online enquiry form or contact us for more information.