Blog Post

Wills And Probate: What You Need To Know

  • By Hawley and Rodgers
  • 25 Apr, 2019
Last Will

By definition, probate is the legal and financial processes involved in dealing with the property, money and possessions of someone who has passed away. A probate solicitor can help those who have lost family members or friends, which is undoubtedly a highly emotional time for those left behind. Moreover, they will also be dealing with the various types of taxation that need to be dealt with when someone dies, this includes income tax, capital gains, and inheritance tax.

What is probate? 

This is essentially the process of administering a deceased person's estate. This involves the organisation of their finances and possessions and then distributing them as inheritance. If the deceased person has left a will, it will indicate who they have chosen to leave the estate to, this individual is then known as the executor of the will. 

How does the process work? 

Every will and estate vary. The precise process can be largely dependent on the instructions left on the will itself as well as the assets, creditors and benefactors of the estate. The process goes something like this: 

●     Attaining the relevant information regarding the assets

●    Putting an application in for the grant of probate

●    Filling out an inheritance tax return and paying any tax that is due

●    You’ll receive a grant of probate

●     Repaying any outstanding debts left by the deceased person

●    Distribute the rest of the estate in keeping with what is stated in the will 

There are countless benefits to using a probate solicitor, and doing so can save you a great deal of stress for the relatives or loved ones you leave behind as well as giving you some much needed peace of mind. Here are just a few of the main benefits of using one: 

●    Protecting your assets if there is ever an issue: solicitors are regulated, this indicates that if you have any kind of problem you can file a formal complaint to the firm you have chosen to work with.

●    No errors: regular issues with wills include using the incorrect witnesses or forgetting to get the will itself signed, this could mean the will won’t be valid. Using a solicitor minimizes the risk of all of this.

●    Your will is going to be secure: a reliable solicitor will usually store it for you, common practise is to keep it stored in a secure safe. 

If you need to make a will or you would like to alter the terms of an existing will, here at Hawley and Rodgers, our team of wills and probate solicitors in Loughborough and Nottingham will be more than happy to provide you with all the assistance and advice you need. We provide a variety of will writing services all at extremely reasonable rates. Get in touch to find out more. 

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