Obtaining a grant of probate itself is relatively straightforward however the responsibilities and rights that surround the obtaining of a grant of probate are extremely complex and is our very strong advice that it should be trusted only to a professional advisers such as ourselves.
Obtaining a grant of probate is necessary in order to administer an estate which has property etc irrespective of whether there is or is not a will.
Administering the estate following on from the grant of probate can often be complex because it is necessary for the person acting as administrator or executor to ensure that the property and assets within the estate are distributed according to the law. Failure to do so renders the person acting as administrator or executor personally liable.
A good example of this would be where there is a long lost niece or nephew who cannot be found and therefore who is excluded from distribution from the estate.
If proper efforts are not made according to the law’s requirements to trace and distribute to that person then if that person comes along later the administrator or executor is going to be personally liable to that niece or nephew for the amounts that they would have received.
There is a great deal of complex law involved in how estates have to be distributed. This is not something that can be simply understood or digested by reading a website or blog. Our solicitors are highly specialised in dealing with these issues and protecting the administrator or executor from any adverse consequences subsequently. It is for this reason that the Law Society introduced a specialist accreditation scheme; the Wills and Inheritance Quality Standard (WIQS). We were the only locally accredited firm with WIQS standard. (As at June 2014)
It is essential in the circumstances that when a loved one passes away that you seek professional advice from us as to how to proceed. Any of our offices would be delighted to help so please contact us.
We are happy to see you at any of our offices or even at your home if appropriate. Urgent matters can be dealt with. We can even offer a same day service for urgent emergency Wills.
If you would like more information call us on (01484) 714400 Brighouse, (01274) 864002 Cleckheaton, 0113 4673430 Morley or fill in the details below —