Anyone who has been named as administrator in a will could do him or herself a big favour by seeking probate legal advice from specialist probate solicitors.
The role of the administrator is, among other things, to pay bills and taxes due from the deceased's estate, as well as share out the balance between those named in the will. In order to do all of this the person acting as administrator first will need to obtain probate. None of this is anywhere near as easy as it might sound and there are significant risks for the unwary -not least that anyone administering of an estate is responsible for any errors made - failure to distribute the estate probably or to pay the correct level of inheritance tax.
Probate gives the executor the authority to access the estate of the deceased and then deal with its financial affairs. Permission is given formally by the courts who issue what is called "Grant of Probate." If no will was ever made then the executor will more than likely be a close relative of the deceased. The legal authority to carry out the duties of administrator is then granted by the courts through "Letters of Administration."
The matter is routinely dealt with by the Probate Service which has offices throughout the country. In more contentious cases, such as when the validity of the will itself is being contested, then the High Court will deal with the case.
There is no obligation for probate solicitors to become when involved when dealing with probate. However, as has been outlined, it does have a legal aspect, including the swearing of an oath and the filling in of legal papers, so some executors may prefer to seek probate legal advice.
If the case is contentious then it is absolute common-sense to seek the advice of probate solicitors. Contested probate cases are an absolute minefield - quite apart the fact that there are legally complex, there are often real problems with evidence and conflicts of interest - not to mention the damage they can do to family relationships if not handled carefully. In such cases the help and advice of a solicitor will be invaluable.
Even if the will is not contentious the executor will often still decide to seek legal advice or decide that he wants the solicitor to deal with the whole matter of probate. There are sound reasons for this. Dealing with probate is very time consuming as well as complex. By receiving probate legal advice and hiring a solicitor the executor will protect himself as well as spare himself the task of having to conduct the whole process of Probate himself.
Bonallack & Bishop are solicitors providing probate legal advice. If you need advice then contact one of their UK Probate Solicitors today. Senior Partner Tim Bishop is responsible for all major strategic decisions.
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