Inheritance solicitors are professional law practitioners who, among other responsibilities, help family members settle disputes involving wills and inheritances.
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Secure PaymentInheritance solicitors are professional law practitioners who, among other responsibilities, help family members settle disputes involving wills and inheritances.
Contact UsAccording to a 2017 survey, there were more than 8,100 case applications to prevent grants of probate (in other words, wills being implemented and proceeds of estates being distributed). That’s an increase of 6% on the figures from the previous year.
You may be surprised at the scale of these numbers and wonder what makes inheritance a constant bone of contention for so many people in the UK. BBS Law is here to shed some light on the most common issues, and explain how important it is best to have an experienced solicitor in your corner when it comes to defending and challenging wills.
To make an appointment to discuss any aspect of Private Client Law please email or phone 020 8349 0321.
Almost 50% of people in the United Kingdom delay or decline to write a proper will, often under the assumption that their assets, such as properties, money and possessions, will automatically go to their spouse, their common-law partner and/ or their children.
However, these days, families are often more complicated than they might once have been. People may marry more than once; they may take on stepchildren from another partner, or have children with a new partner. They may also live with another person as husband and wife, but never formalise the relationship in law.
All these and other perfectly normal milestones in life can end in dispute if one party dies without specifying precisely what is to happen to their assets when the estate is divided up.
With family dynamics evolving over the years, proceedings have become more complex, and the legal implications can become more unclear. Concerned parties will need trustworthy legal advice to make sure that their rights are being looked after. After the already traumatic loss of a loved one, many find dealing with who inherits to be emotionally tolling, which is exactly why a supportive and experienced family inheritance lawyer is becoming so important.
Unfortunately, having a will does not fully remove the possibility of disputes either. Even where a will has been made, beneficiaries may sometimes feel that the assets have been divided inappropriately.
This also motivates some people to consult lawyers, to discuss and explore the various circumstances under which they might contest the validity of a will. Here are a few key examples:
The law states that for a will to be ratified, the testator must “have no disorder of the mind” that might otherwise prevent them from understanding what’s right and what’s wrong, or that prevents the exercise of their natural faculties in disposing of their property.
Making an application to vary the terms of a will on these grounds will need expert lawyers for inheritance disputes, as the required approach varies on the complexity of the will; the extent of the deceased’s assets; and the claims made on the testator.
The outcome of inheritance cases can be life-changing, which is why we recommend individuals in need of assistance only consult the most experienced law firm they can find. With BBS Law, you can rest assured that you will be engaging quality legal services delivered in a timely fashion.
This depends on how the services are charged for. Some probate inheritance tax solicitors charge on an hourly basis, while others charge based on a percentage of the property’s value. Commonly, this is around 1% to 5% of the value of the estate, plus VAT.
It is entirely possible and legal to write a will yourself. However, it’s highly recommended that you seek out an experienced legal practitioner for last will and testament matters for guidance, especially for the technical legal aspects of any will.
This includes the legality of the inheritance, the properties to be distributed, and so on. With the help of expert solicitors, you will have less work to do and the peace of mind of knowing that your will is properly constructed.
If an individual dies intestate and without a surviving spouse or civil partner, his or her children will inherit the assets and properties. If the deceased does have a surviving partner, he or she will only inherit if the value of the estate exceeds a certain amount.
Yes, you can create what is referred to as an “assignment”. That means you can transfer all or a portion of your interest in an estate to someone else. Just remember that inheritances from a trust are usually not transferable to other people. The majority of trusts prohibit assigning an undistributed trust inheritance.
Help to pay for court representation or legal advice can be available in certain circumstances. You may be able to access low-cost or even free advice from a solicitor or caseworker in a law centre or Citizens Advice Bureau, for instance.
Many firms of inheritance solicitors in London and elsewhere will offer up to half an hour of free legal advice at the outset so that you can evaluate whether it is worth proceeding with a case.
You can complete probate yourself. But if there is, or is likely to be, any conflict regarding distribution of the estate, shares, investments, properties, or other assets, then you are advised to hire inheritance tax planning solicitors. This tends to make the process smoother and save stress and worry.
The National Will Register is a large, national register of wills that can be accessed by families hoping to find the location of any will and who drew it up. If you are unsure as to whether the deceased has made a will, you can consult the Register to find out, and if they have, to discover which attorney for legal property holds a copy of it.
Take note, though, that these fees are just an estimate. What you are charged will be affected by your location and the complexity of your affairs.
If you’re involved in a contentious probate case, you should consider hiring an attorney for contested wills to help you resolve the matter satisfactorily. Examples might include:
A will is a legal document created by individuals who wish to state who should handle and benefit from their estates when they die. If someone dies without a valid will in place, the law will decide how the estate is apportioned and to whom. This is where probate comes in; it is the legal procedure for transferring properties to the rightful heirs.
If you have already had a will drafted by a death tax attorney, it’s important to keep the original copy somewhere secure. The solicitors hired to draw up the will can usually keep signed copies in case the original is destroyed.
Only the testator can amend the terms of the will as they see fit. Only the last and latest version of the will (provided it is properly executed) will be taken into account on the testator’s demise.
The executor listed in the deceased’s will is the only individual eligible to apply for probate to administer their estate. If you are the executor but don’t want to handle the estate administration yourself, then hiring a solicitor to do it for you is often the best solution.
If someone dies without a will, they are referred to as ‘intestate’. The intestacy rules form the basis of who can apply for the grant of probate.
There is no doubt that having a professional firm of inheritance solicitors on your side will make the process easier, smoother and faster.
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