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Probate Problems

 

Problems can strike when you’re trying to deal with the affairs of someone who has died.


Just because you have been asked to 'probate a will', you don't have to do it yourself. Our expert probate lawyers can help you to organise the money, property and possessions of the person who has died. Our fees will be paid out of the estate.

 


We've answered a few common probate questions below. If you would like to get a fixed, upfront quote for our services, click here.

We found a Will, but is it valid and is it OK to make the gifts?

A Will might not be valid, or gifts in the Will might fail, for many different reasons.   For example, the Will is not properly signed or witnessed, or it’s been altered after it was signed. Or the person who made the Will got married, or divorced, after making their Will. If you pay out a gift in a Will which legally should have failed, you might end up having to pay for your mistake.

We found a Will, but what do the words used mean?

A will is a legal document and uses legal terminology.  Our property lawyers will help you to understand what is meant and will guide you through the probate process, advising you on what action to take. 

There is no Will, so who deals with everything and gets the money?

When somebody dies without a Will, if you do not know about the ‘rules of intestacy’, or do not fully understand the effect of the rules, it could mean you give the wrong gift to the wrong person, which might personally cost you money if you make a mistake. Just Probate will help you avoid making this mistake.

Relatives - who takes priority?

Although the ‘rules of intestacy’ set out a clear priority list for relatives, there could be two or more people with an equal right to take charge. Just Probate will act independently in the administration of the estate and make sure everything is done properly and legally.

When does inheritance tax have to be paid?

Inheritance tax is payable when the estate is valued as being over £325,000. The estate may be valued as over £325,000, even if the money, property and possessions are worth less than this amount. This can happen if certain gifts made during the life of the person who died have to be added back into the estate when totting up the total. Not knowing which gifts have to be included, and what can be safely ignored, could lead to delays in dealing with the estate and expensive mistakes being made. Just Probate can help you avoid this. Contact us, because inheritance tax calculations can be complicated.

Can you tell the difference between property held as ‘tenants in common’ which goes to the person named in the Will, and property held as 'joint tenants' which goes automatically to the surviving co-owner, whatever any Will says?

Not knowing the answer can lead to delays, or making expensive mistakes. Just Probate can help you avoid having to answer these difficult questions yourself.

Family members cannot agree whether to sell the family home, or at what price.

At times like these, having an independent expert like Just Probate to provide impartial advice can help cut through arguments, save bad feelings between relatives, and shorten the time taken before gifts can be made and money distributed.

I am under pressure to get on with the estate. People are saying the delay is my fault

To avoid personal financial responsibility you have to make sure all claims can be dealt with and debts paid, before giving away all the property, money and possessions in the estate. But how long do you have to wait until it’s safe? What action can you take to protect yourself?  

Instruct us today and be confident that the estate has been legally administered and that you as an executor or administrator are personally protected.







 

 


 
 
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