Specialist Probate lawyer, Zara Fletcher, answers the frequently asked question “Do I need a solicitor for Probate?”.
Many people ask do I require a Lawyer to assist me when someone dies. The honest answer is no, a lay person can administer a loved one’s estate in their capacity as an appointed executor under a Will or by way of appointment under the Intestacy Rules.
The benefits of instructing a Probate solicitor or lawyer to assist with the Estate Administration means that the Representative of an estate will be able to receive advice which will protect them against any personal liability that comes with acting as a personal representative.
Employing a solicitor or lawyer to help administer an estate will ensure that all relevant taxes are paid, such as Inheritance Tax, Income tax and Capital Gains tax, which can be missed if you do not get the correct advice, as well as making sure the Estate is registered with HMRC, if required under the new registration rules.
The lawyer will take the intensive administration burden off the family at an already emotional time and will make sure that advice is given to guide the personal representative through the process and protect them against pitfalls they could fall into bearing in mind the personal liability which is attached to acting as an estate administrator.
A Lawyer acting can also take the pressure off dealing with beneficiaries and having to locate beneficiaries which is often an issue if there was no Will. We can also advise the representatives where there are minor beneficiaries and assets need to be held on trust.
Lawyers will make sure certain claim periods for creditors, family and dependants of the deceased are all expired and all correct checks have been undertaken before distributions are made. As any mistakes or oversights made at this time could potentially mean the personal representative is at risk.
A Lawyer can also advise on Deeds of Variations and Deeds of Appropriations which could be beneficial when tax planning during the administration process.
Holmes & Hills offer a free 15-minute telephone appointment for new Probate enquiries, where probate has not yet been applied for.
In addition, our Probate solicitors and lawyers are able to conduct appointments by video call, to help those clients who may find it easier than visiting one of our offices. Where ID checks need to be conducted, and original documents viewed, for example, the Will, we are able to receive these documents by post.
Call 01206593933 and ask to speak to a solicitor about Probate and Estate Administration. Or complete the form below.
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