Q&A with a probate solicitor

When someone you love passes away, the thought of dealing with their property and assets can seem daunting, especially when coupled with grief.

When it comes to the legal process of administering someone’s estate, our probate solicitors offer sensitive, practical advice, taking as much stress as possible away.

In this blog, Julia Richardson, solicitor in our Probate and Estate Administration team, answers some frequently asked questions about probate.

Do I really need a probate solicitor?

“Technically, no, but if you knew how many people come to us after trying to apply for probate themselves and ending up in a bit of a mess, you would instruct one!

The benefits of asking a professional solicitor to help with the estate administration process are that we can:

• Ensure the Grant of Probate (or Letters of Administration in the absence of a valid Will) application form is completed correctly (a leading cause of delays is errors on the form/s).
• Deal with the administrative elements, such as settling debts and advising on Inheritance Tax.
• Distribute the assets once probate is granted.

It’s our job to make sure it’s done correctly. Our solicitors have the dedicated time to call the banks and estate agents whilst they are open. It saves you taking time out of your busy days to deal with the estate.”

I want to dispute a Will. How does this affect probate?

“If you believe the Testator (person making the Will) was under undue influence, it was forged, or you believe you have been left out and this is a mistake, you may be able to start an inheritance dispute claim. You can find out more about disputing a Will or the validity of a Will here.

You generally have six months from the date of death to bring a formal claim, and 12 years if you are a Beneficiary. If you challenge a Will after probate has been granted, the case is usually heard by the County Court or the High Court, where a judge hears the evidence available and rules on what they think is the right decision. If the contest is successful and the Will is deemed invalid, the assets may be distributed according to a previous valid Will or intestacy laws.”

I don’t trust anyone to be an Executor. Can I ask a solicitor to do it?

“Yes, solicitors can act as professional Executors. This usually happens when an Executor renounces (resigns from) their duty and there is no suitable alternative, or if the Testator does not have any friends or family available to take on the role. Or simply if the Testator doesn’t want to place that level of pressure or responsibility on their loved ones.

Our probate solicitors have plenty of experience acting as professional Executors. We will ensure that even the strangest or most specific of wishes are carried out…

Some of the most unusual wishes include throwing a ‘farewell tea party’ for the residents of an assisted living complex. The solicitor dealing with the estate delivered Cream Teas to every resident in memory of the deceased. Several years ago, colleagues in our old Bedminster office inherited a China tea set, which some people were convinced was associated with paranormal activity in one of the rooms there!”

What do you like about being a probate solicitor?

“People often ask me whether my job is depressing, as, essentially, I deal with death on a daily basis! I don’t see it like that; I see my role as being someone people trust to advise them on one of the most stressful and emotional experiences they will ever go through.

Aside from all the paperwork associated with applying for probate and sorting out the deceased’s unpaid bills and debts, I spend a lot of my time building an emotional connection with my client/s and you really get to know the deceased and their loved ones. You build a picture of how this person lived and what they enjoyed, or didn’t enjoy!

Most of the time, the probate process runs smoothly, and our clients get the go-ahead to administer the estate, enabling them to close that chapter and move forward in their grief. Obviously, some cases are more complex and it takes longer for that positive outcome, but no matter how difficult things get, I do my utmost to ensure my client is updated, informed and feels confident in my ability to sort it all out for them. And if I can’t help, for instance, if there is a dispute, I can lean on the expertise of colleagues in other teams.”

What does a day in the life of a probate solicitor look like?

“My day is generally split between meeting with clients to help write their Wills or draft Lasting Powers of Attorney, and meeting with clients to help with estate administration for a passed loved one. If I am not meeting clients, I will be drafting Probate Applications to submit to the Probate Registry or doing research into their estates.

Some things take up a lot of time; for example, tracking down missing assets or Beneficiaries and locating the whereabouts of an original Will.”

Need probate advice? Get in touch

If you have lost a loved one and need help with the process of administering their estate, we can help. For an initial chat with a member of our friendly team, call 0117 325 2929 or fill out our enquiry form.