Probate – What Is It?

Posted on 09 Feb 2024

Probate solicitors play a crucial role in the legal process of administering the estate of a deceased person. When an individual passes away, their assets, debts, and possessions need to be distributed according to their will or, in the absence of a will, according to the laws of intestacy. This complex legal procedure is known as probate, and probate solicitors specialise in guiding individuals and families through the various legal steps involved.

Estate Administration:
Probate solicitors assist in the entire estate administration process. This involves obtaining the Grant of Probate, which is a legal document that authorises the executor named in the will to distribute the assets. If there is no will, the solicitor helps with the Letters of Administration, which appoint an administrator to handle the estate.

Legal Expertise:
Probate laws can be intricate and vary by jurisdiction. Probate solicitors are well-versed in the legal requirements and procedures, ensuring that the estate is handled in compliance with the law. They provide legal advice on matters such as tax implications, debt settlement, and disputes among beneficiaries.

Will Contests and Disputes:
In cases where there are disputes over the validity of a will or disagreements among beneficiaries, probate solicitors play a crucial role in resolving these issues. They may represent their clients in court and work towards amicable solutions to avoid lengthy and costly legal battles.

Tax Planning:
Probate solicitors can provide valuable advice on tax planning strategies to minimise the tax liabilities associated with the estate. This includes understanding inheritance tax laws and utilising available exemptions and reliefs.

Probate solicitors are instrumental in guiding individuals and families through the legal complexities of estate administration. Our solicitors here at Swayne Johnson ensure that the wishes of the deceased are honoured, and the estate is distributed in a lawful and efficient manner. Get in touch with us today to chat to one of our solicitors.