Losing someone close to you is a distressing time, not helped by the need to administer their estate with the many decisions and complexities of the law to contend with.
Holmes & Hills Solicitors’ team of friendly, dedicated, professionals are experts who are able to assist you with all aspects of estate administration whether you are an executor appointed by a Will or an administrator where there is no Will (an Intestacy).
Administering an estate is often time consuming, complex and there are pitfalls for the lay person. We are happy to assist with as much or as little as you need, whether applying only for the Grant of Representation or the whole of the estate administration from start to finish. You can have peace of mind knowing that you will have the benefit of our expert knowledge to ensure you comply with your legal responsibilities.
Holmes & Hills have seven offices across Essex and Suffolk, making it easy to book an appointment with our probate solicitors in Colchester, Braintree, Witham, Sudbury, Halstead, Tiptree or Coggeshall.
If you are considering contesting a Will or challenging some other aspect of an estate, or the way the estate has been administered and distributed, Holmes & Hills Solicitors can help you. Contested probate is a specialist area of law requiring unique expertise and significant experience. Holmes & Hills has a team of solicitors specialising in advising on matters concerning contested probate. If you need advice on an inheritance dispute in any capacity, please contact our specialist contentious probate solicitors.
Probate is the legal and financial process involved in dealing with the property, money, and possessions (assets) of a person who has died.
Probate is the process of proving that a will is valid (if there is one) and confirming who has the authority to administer the estate of the person who has died.
Before the executor named in the will can claim, transfer, sell or distribute any of the deceased's assets they might have to apply for a grant of probate.
A grant of probate is a legal document that can sometimes be needed to access bank accounts, sell assets, and settle debts after someone has died.
This document is only called a grant of probate if the person left a will. If they didn't leave a will, a grant of letters of administration is used instead. Both documents work in a similar way, giving a named person legal authority to deal with the estate of the person who died.
Once probate has been granted, the next of kin or the executor can start to deal with the deceased person’s assets. If there is a will, this sets out how the assets should be distributed. If the person died without a will the law determines who should receive everything.
It's possible to deal with probate yourself, providing you're familiar with the legal process and confident in completing all the required tasks. DIY probate can be time-consuming and the work involved can be complex.
Dealing with probate yourself also carries a level of risk, because you can be held personally financially liable if you make any mistakes.
For these reasons, many people choose to instruct a solicitor to deal with this on their behalf.
If you don’t apply for probate, the deceased’s assets can’t be accessed or transferred to any beneficiary. If an estate only consists of accounts holding small balances then probate may not be necessary. Each institution has different requirements.
Probate gives a named person legal authority to deal with assets. Without this, they can’t do anything with assets. This includes closing down bank accounts, selling or transferring property, transferring pensions or cashing in other investments.
By not obtaining probate, this can cause problems further down the line.
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