- What is Probate?
- Do You Need a Solicitor for Probate?
- Wills and Probate Services by Sterling Law
- Cost of Wills and Probate Services by Sterling Law
- Why Choose Sterling Law?
- FAQ about Wills and Probate
Wills are a complicated business, whether you are writing or receiving one. Sterling Law has expert wills and probate lawyers in this field, who can help you write or amend a will, whether to your relatives, a charity, or anyone else.
Being told you are the beneficiary of a will can be equally stressful, however. There are a whole host of legal actions that you may have to take, and Sterling Law’s experience in this area will make sure the process for you is as smooth as possible. Among other things, we can help you contest a will, apply for probate, and claim your property.
What is Probate?
Probate is the legal right to deal with someone else’s estate upon their death. An “estate” is defined as a person’s property, money, and possessions.
Applying for and obtaining probate can take a long time, particularly given the time required to process applications. Sterling Law’s help means that, when you are named in a will, you will be able to deal with the estate of the person who wrote the will as quickly as possible, and without complicated issues that can set you back – you could even be fined for submitting the incorrect information.
If a will has not been left, but you are legally entitled to their property due to being a family member or otherwise, you will need a grant of letters of administration, which Sterling Law can help you apply for.
Sometimes, probate is not needed. It can be frustrating to start the process only to realise it is not required, such as when the deceased person had only savings or premium bonds, or jointly owned property, land, shares, or money with someone else. Our team can help you save time and money by ensuring the right steps are taken at every stage of the process.
The Probate Process – Step by Step
The probate process in England and Wales typically involves several stages, each requiring careful attention to detail:
- Registering the death and obtaining the death certificate.
- Identifying the will (if one exists) and confirming the executor.
- Valuing the estate, including property, bank accounts, investments, and personal belongings.
- Assessing any inheritance tax liability and submitting the relevant forms to HMRC.
- Applying for a grant of probate or letters of administration.
- Collecting assets and settling any outstanding debts.
- Distributing the estate to beneficiaries in accordance with the will or intestacy rules.
Each of these steps must be handled correctly to avoid delays, penalties, or disputes. Our solicitors guide clients through the entire process, ensuring full compliance with legal requirements.
Do You Need a Solicitor for Probate?
Wills and estates lawyers play a pivotal role in ensuring that your final wishes are carried out smoothly. These legal professionals specialise in estate planning, ensuring that your assets are distributed as per your wishes, minimising potential conflicts among beneficiaries, and navigating the probate process.
In many cases, working with an inheritance lawyer can make the probate process clearer, quicker, and less stressful.
Common Challenges in Probate
Probate can present a number of challenges, particularly where estates are complex or relationships between beneficiaries are strained. Common issues include:
- Delays caused by incomplete or incorrect applications.
- Disputes between beneficiaries or family members.
- Difficulties in locating assets or verifying their value.
- Errors in inheritance tax calculations.
- Claims made against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Having experienced legal support helps to manage these risks and ensures that the process is handled efficiently.
Situations when probate is not needed
In some cases, probate may not be required. This typically applies where:
- The estate is of low value.
- Assets are held jointly and pass automatically to the surviving owner.
- The deceased held only cash savings below certain thresholds.
- Certain financial institutions release funds without a grant of probate.
Determining whether probate is necessary is not always straightforward. Our team can assess your situation and advise on the correct course of action from the outset.
Wills and Probate Services by Sterling Law
Expertise in estate planning
Our solicitors provide clear and practical advice on how to structure your estate. We help clients plan ahead, ensuring that assets are protected and transferred in line with their wishes. This includes reviewing existing arrangements and advising on long-term strategies.
Will drafting and reviewl
A properly drafted will reduces the risk of disputes and ensures that your intentions are clearly recorded. We prepare legally sound documents tailored to your circumstances and review existing wills to reflect changes in family or financial situations.
Lasting power of attorneyl
We assist clients in putting in place lasting powers of attorney for both financial matters and health decisions. This ensures that trusted individuals can act on your behalf if you are unable to make decisions yourself.
Probatel
Our team supports executors and administrators throughout the probate process. We handle applications, liaise with financial institutions, and ensure that estates are administered in accordance with legal requirements.
Handling inheritance taxl
We advise on inheritance tax obligations, including calculating liabilities, preparing submissions to HMRC, and ensuring that payments are made correctly and on time. This reduces the risk of penalties and delays.
Inheritance Tax Planningl
Effective inheritance tax planning can reduce the overall tax burden on your estate. We advise on available allowances, exemptions, and structuring options, helping you preserve more of your wealth for future generations.
Setting up trusts
Trusts can be used to manage and protect assets during your lifetime and after death. We advise on suitable trust structures, assist with setup, and provide ongoing guidance where needed.
Challenging a will
Where there are concerns about the validity of a will or the fairness of its provisions, we provide clear advice on your legal options. We represent clients in disputes and aim to resolve matters efficiently, whether through negotiation or formal proceedings.
Cost of Wills and Probate Services by Sterling Law
The cost of wills and probate services depends on the type of legal support you need and the complexity of the matter involved.
For will drafting, Sterling Law offers this service on a fixed-fee basis, with fees typically ranging from £800 to £1,000 plus VAT.
The exact cost will depend on your circumstances, including the complexity of your wishes, the structure of your estate, and whether additional planning is required.
Why Choose Sterling Law?
If you’re in need of reputable wills and probate solicitors in London, look no further. Our dedicated team is here to provide you with expert legal guidance, ensuring that your wishes are respected and your loved ones are taken care of.
- Extensive legal knowledge. With years of experience specialising in wills, probate, and estate planning, our solicitors possess a deep understanding of the legal landscape. You can trust our expertise to navigate even the most intricate situations.
- Mitigating disputes. One of the most common challenges in probate is disputes among beneficiaries. A skilled solicitor can anticipate potential areas of conflict and work to prevent them, ensuring the distribution of assets proceeds smoothly and in accordance with your wishes.
- Client-centric approach. We recognise that every client’s situation is unique, and we prioritise personalised solutions. Our team takes the time to listen to your concerns and tailor our services to meet your specific needs, providing you with peace of mind during a challenging time.
- Proven track record. Our track record of successful cases and satisfied clients speaks volumes about our commitment to excellence. We have helped numerous individuals and families secure their legacies and navigate the complexities of estate-related matters.
When it comes to matters of wills, probate, and estate planning, having the right legal support can make all the difference. Our team of inheritance lawyers in London is committed to guiding you through these processes with care, expertise, and a client-focused approach. By choosing our services, you’re choosing a partner who will support you at every stage.
Frequently Asked Questions about Wills and Probate
1. What happens if the deceased person did not leave a will?
If a person dies without a will, their estate is distributed according to the rules of intestacy in England and Wales. These rules set out who is entitled to inherit, usually prioritising spouses, civil partners, and close relatives. In this situation, an application for a grant of letters of administration must be made, rather than for probate. The person who applies is known as the administrator and is responsible for managing the estate, paying debts, and distributing assets in line with the legal order of priority.
2. What is the difference between probate and letters of administration?
The main difference is that probate applies when there is a valid will, while letters of administration apply when there is no will. Probate gives the named executor the legal authority to deal with the estate, whereas letters of administration appoint an administrator to carry out the same role. Although the responsibilities are broadly similar, the application process and entitlement to act may differ depending on whether a will exists and who is eligible under the law.
3. How long does the probate process take?
The probate process usually takes several months, but the exact timeframe depends on the estate’s complexity. Straightforward cases may be completed within six to nine months, while more complex estates can take longer. Delays can occur due to incomplete information, inheritance tax issues, or difficulties locating assets. The time required also depends on how quickly institutions respond and whether any disputes arise during estate administration.
4. What happens if there is a dispute between beneficiaries?
If a dispute arises between beneficiaries, the estate administration may be delayed until the issue is resolved. Disagreements can relate to the interpretation of the will, the distribution of assets, or concerns about the executor’s actions. In many cases, disputes can be resolved through negotiation or mediation. If this is not possible, the matter may proceed to court, where a judge will decide based on the evidence and applicable law.
5. Can I contest a will, and how do I go about it?
Yes, a will can be contested if there are valid legal grounds to do so. Common reasons include lack of mental capacity, undue influence, fraud, or improper execution of the will. A claim may also be made if a person believes they have not received reasonable financial provision. The process usually involves gathering evidence and submitting a claim to the court within a specified timeframe. Legal advice is often required to assess the strength of the case and to ensure compliance with the correct procedure.
6. Can probate be applied for online?
Yes, probate can be applied for online in many cases through the official government service in England and Wales. Online applications are typically available for straightforward estates with a valid will and no complications. However, some cases still require a paper application, particularly where the estate is complex or specific legal issues arise. It is important to ensure that all information provided is accurate, as errors may lead to delays or rejection of the application.
7. Can foreign assets be included in the probate process?
Yes, foreign assets can be included in the probate process, but additional steps may be required. Assets located outside the UK may be subject to the laws of the country where they are held, which can affect their administration. In some cases, a separate legal process may be needed in the relevant jurisdiction. It is important to identify all overseas assets early and consider any cross-border legal or tax implications when administering the estate.
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