Probate in Nottingham and Loughborough
The first time you’ll probably hear probate mentioned is when drawing up
your will. Wills and probate
are
normally discussed in tandem, as probate is the legal process of transferring
of property upon your death. When creating your will, you are laying out your
intention as to how your worldly goods and property is to be distributed and
perhaps how certain debts shall be paid. The laws of the UK have changed
regarding wills and probate
over the
years but the purpose remains the same. In most circumstances, your family solicitors
can handle it easily.
The process
When you make your last will and testament, you appoint someone as
executor of your will so that they can carry out your instructions to the
letter. Upon your death, the executor presents the will to the court in
Nottingham or the closest court to where you live. If you have not provided a
will, then someone, usually a family member, needs to apply to the court to be
appointed as the administrator of your estate. It’s better to have a will in
place, as sometimes after a death, the responsibility of handling a relative’s
estate can cause undue stress on a close family member.
What is covered in probate?
Any property owned by you when you die is subject to the probate
process. If you’ve heard the term
“probating a will” – this refers to the process where it is demonstrated that
the deceased followed proper legal formalities when they were drafting their
will. This is to ensure that the decedent was in no way influenced throughout
the process and that they had sufficient mental capacity at the time of
writing. The basics of what happens in and outside the courtroom are as
follows:
- Collect all
probate property of the deceased
- Settle any
debts or taxes outstanding on the estate
- Collect all rights
to income: dividends, life assurance policies etc.
- Settle any
claims or disputes on property
- The remaining
property is distributed to the heirs, either named in the will or by the
court
What happens if the probate is
contested in Nottingham?
In most cases, probate is left uncontested – even when the will is laid
out simply. This also happens regularly when there isn’t a large amount of
property to be distributed. However, the probate process can be contested when
one heir is seeking a larger share of the property than they have initially been
instructed to receive. In these cases, the disgruntled party will often suggest
that the necessary formalities were not followed during the drafting of the
will or that the person who died could have been mentally incapacitated whilst
doing so. Creditor’s can also make a claim on the estate of the deceased, so
it’s important to have any debts settled in advance or plans laid out to do so
in the will.
Is probate an expensive process
in Loughborough?
Probate can add up when the fees of the court and solicitors are
applied. The process exists to protect all parties but it can also be avoided. Speak
to your family solicitors
about how
you can arrange to set up trusts or other arrangements in the Nottingham and
surrounding areas before your death.
Hawley & Rodgers are trusted wills and
probate
solicitors in the Nottingham and Loughborough areas that you can go
to for all your legal needs. They are also renowned children’s law
solicitors
and commercial law solicitors
so you are guaranteed to be
in safe hands. Call Hawley & Rodgers Nottingham Office on 0115 955 9000 or in
Loughborough on 01509 230 333 today to speak to us about your legal
requirements.
