Wills and Probate

Wills & Probate Solicitors North London

By making a Will you may make provision for your family and friends as you intend or wish, reduce exposure to Inheritance Tax, appoint Executors and guardians for your children, and set out your wishes and any restrictions that you may want to apply after your death. This ensures that there is less likelihood of family feuds after your death and your estate is dealt with in an orderly manner. There are also several arrangements you can consider, including Trusts, for your estate. Please contact one of our experienced Solicitors regarding planning of Wills and executing the same.

Probate

When a person passes away, there is usually a need to deal with the person’s Estate. Applying for the legal right to deal with the deceased person’s property, money and possessions (their ‘estate’) when they die is called ‘applying for probate’. The legal document that allows the deceased’s assets to be released to one or more people who have the legal authority to act and administer the estate is called Probate. It proves to the asset holders that they are releasing the assets to the correct and authorised people.

It is commonly assumed that when a person dies and leaves a will (Testate) there is no requirement for Probate. This is an error and a misconception. A grant is required if the person left a Will.

If the person left a will, you’ll get a ‘grant of probate’. If the person did not leave a will, you’ll get ‘letters of administration

In situations where Probate is required, the Estate of the deceased will essentially be frozen in order to safeguard them against it being wrongly or incorrectly distributed. Effectively, without a Grant of Probate a property cannot be sold or transferred and most Financial Institutions will not allow anyone to access the deceased’s account+

If you’re not sure whether you require probate please contact us on info@solomonshepherd.com

What We Do To Assist

At Solomon Shepherd Solicitors we understand that bereavement can be a difficult period for families and loved ones.  It is therefore our aim to make the process of dealing with the Estate of your Family and loved ones less burdensome. We are able to help deliver a Grant of Probate (or Letters of Administration where appropriate)

Once you have the Grant of Probate, this will empower you to deal with the remainder of the Estate. In some instances however, you may wish to have this responsibility and task given to another person to undertake. Solomon Shepherd Solicitors is able to provide this service, by applying for the Grant of Probate and collecting in all the assets of the deceased.

Our Solicitors appreciate that this can be a difficult time, especially against the backdrop of dealing with several other matters. It is our aim to make this as stress-free as possible.

As experienced solicitors we are able to unburden you. Starting with assisting to find whether there is a Will, tracing assets, completing inheritance tax documents and settling matters with HMRC, applying for probate or letters of administration, collecting the estate and distributing collected estate in accordance with the deceased’s Will or the rules of intestacy, we are able act on your behalf.

Consideration needs to be given to their property, money and investments, assets and other possessions. Before any distribution can take place, all debts and any tax liability have to be paid.

We also assist executors by explaining your obligations and other duties to you, especially in the face of pressure from beneficiaries and other interested parties to the estate. We also correspond with all persons or companies which are owed money by the estate and alleviate this burden from the administrator of the estate or the executor of the will. Our instruction can be as simple as just applying for Probate or dealing with the Estate in its entirety to include collection and distribution of assets.

Contentious Probate Matters

In some instances, dealing with and administering of an Estate can become contentious. This may come about in several instances where a person may wish to challenge the Will on any basis to include even its validity or whether in fact, this is the last Will and testament of the deceased. In some instances, a person may challenge a Will because it fails to make adequate provision for him or her. There are other instances where a person may challenge another person’s right to apply for letters of administration in instances of intestacy.

We have experienced solicitors who are able to assist you with contentious probate matters, whether you have obtained letters of administration, and you are facing a challenge, or you want to bring a claim against an administrator or executor of a Will on any basis. Please contact our Probate Team.

Resealing of Probate

A reseal is the process where the courts recognise a foreign grant of probate in England and Wales. It is used to release assets without the need to obtain a separate English grant of probate. It may be required when the deceased made a will in a foreign jurisdiction. It is important to know that a grant of probate made in England or Wales also has no effect in other jurisdictions. For example, if there are assets in England and Northern Ireland, a grant of probate made in England cannot be used to deal with the assets in Northern Ireland. However, in the case of low-value and non-property assets, enquiries should first be made with the asset holders, such as banks and share registries, as some may accept a grant from another jurisdiction together with satisfaction of other requirements.

We are able to assist you to reseal the grant obtained in a foreign jurisdiction. It is important to check whether the grant was issued by a countries, states and territories recognised by the Colonial Probates Act 1892.

Please get in touch for help and advice.