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Securing your family’s future is our priority

probate

Securing your family’s future and safeguarding your hard-earned assets is our priority. At AmicusLaw we advise on all aspects of probate, making sure your best interests are protected whether you have a Will or not.

Probate is the legal process through which a deceased person’s estate is administered and their assets are distributed according to their Will or, if there is no Will, according to the laws of intestacy. During probate, the court validates the Will, appoints an executor or administrator to manage the estate, identifies and appraises the decedent’s assets, settles outstanding debts and taxes, and ultimately distributes the remaining assets to the designated beneficiaries or heirs. Probate serves to ensure the orderly transfer of property, settle financial obligations, and provide a legal framework for resolving disputes that may arise in the distribution of the deceased person’s assets.

Whilst we strongly advise that everyone invests in a professionally written and well considered Will, to ensure that your hard-earned assets are safeguarded for future generations, we also have extensive experience in working in more complex scenarios where there is no Will present. In these scenarios where decisions are in the hands of the laws of intestacy, the probate process can often be a longer and more drawn-out process.

Our Approach

We understand that probate can be a challenging time for families, often filled with emotional complexities. That’s why we approach each case with a genuine commitment to alleviating the burden and stress that can arise during this process. At AmicusLaw we go above and beyond to provide extra care and a personalised service to guide you through every step of probate matters. We are amongst the best private lawyers in Somerset for Wills, probate and trusts, with offices in Bridgwater, Minehead, Wellington, Martock, Yeovil, Exeter, Taunton and Ilminster.

The probate risk without a Will

by Andrew Lewis

Andrew Lewis

Senior Solicitor

When it comes to estate planning, having a will is a crucial step that cannot be underestimated. Failing to create a legally valid Will can lead to a host of complications during the probate process.

Here are five key reasons why not having a Will can create immense complexity:

1. Lengthy Legal Procedures: Without a Will, the estate must go through probate, a time-consuming and often expensive legal process. This can tie up assets for months or even years, leaving your loved ones in limbo and adding stress during an already difficult time.

2. Misassignment of Assets: In the absence of a Will, the laws of Intestacy dictate how your assets will be distributed. This may not align with your true wishes and could result in assets going to unintended beneficiaries, causing family disputes and financial hardships.

3. No Guardian for Minor Children: If you have minor children and no Will, the court may appoint a guardian without your input. Having a Will allows you to designate a trusted guardian who will raise your children according to your values and preferences.

4. Increased Costs and Taxes: The lack of a Will can result in higher legal fees, as the probate process is often more complex without clear instructions. It can also lead to unnecessary tax burdens on your estate, reducing the inheritance received by your heirs.

5. Risk of Legal Challenges: Without a Will, family members and interested parties may contest the distribution of your assets, leading to prolonged and costly legal battles. Having a Will can help minimise the risk of such disputes and provide clear evidence of your intentions.

To ensure your assets are distributed as you desire and to simplify the legal process, it’s essential to consult with an experienced lawyer and draft a comprehensive will that reflects your wishes and safeguards your legacy. Don’t delay—take the necessary steps to protect your family’s future today.