Probate
You can download our step-by-step checklist for the things you need to do after someone dies.
If you have been named as an executor or are a next of kin then the process of Probate can be baffling. Our specialists are experienced in approaching things logically and efficiently. Our aim is to always approach things with common-sense and to try to make things as smooth-running as possible. We’ve produced a Need to Know document that takes you through the various stages: from Grant of Representation, through to carrying out instruction and payment to beneficiaries. In all cases, however, the best place to start is in contacting us for a chat. We’ll talk to you about your individual case and make sure that you receive the correct advice for each individual issue.
Most estates are wound up within one year; simple estates may only take a few months but complex ones can take longer than a year. We’ll be able to estimate the timescale more accurately once we know the natures of the estate. In the meantime you need to be aware that sole assets will be frozen and, if you are a surviving partner, unless you have already done so, you might need to make provision for cash to live on whilst the process is completed. We can advise on all of this when we first meet you.
Unfortunately, disputes involving estates after a death are on the increase and can make things complicated and sensitive. Whatever the nature of the dispute, however, the answer lies in resolving it quickly and cost-effectively. We are one of the few firms to have a dedicated team of specialists in resolving disputes concerning Wills, estates and family trusts. Our lawyers are members of the Association of Contentious Trusts & Probate Specialists (ACTAPS), the Society of Trust and Estate Practitioners, Solicitors for the Elderly and of the Law Society’s Probate Panel. All demand expertise and up-to-date knowledge from their members.
For more information on this please see our probate disputes page.
- Acquisition, management and disposal of family assets
- Asset tracing and recovery
- Identification of beneficiaries
- Breach of trust, e.g. failure to administer the trust or invest funds properly
- Abuse of position (a criminal offence under The Fraud Act 2006)
- Civil partnership estates
- Claims regarding negligent advice, e.g. on the making of Wills or the administration of estates or trusts
- Cohabitation rights
- Lasting Powers of Attorney
- Family provision from estates (Inheritance Act 1975)
- Interpretation/validity of the terms of a Will
- Mental incapacity claims
- Poor administration of estates, including removal of executors or trustees
- Personal liability of trustees
- Enforcing unwritten agreements
For more information on this please see our probate disputes page.
Litigation can be an expensive business, particularly if you require specialist evidence. There are various ways in which your dispute can be funded and part of our first meeting will be to discuss all the options with you. Whether paying privately, on a no-win-no-fee basis, through legal expenses insurance (which you may have on your insurance plan) or After the Event Insurance, we’ll provide a realistic estimate at the outset and pay close attention to the costs – we can even stage payments. The most important thing is that the costs don’t outweigh the benefits to you.
For more information on this please see our probate disputes page.