In many situations it will be advisable to use a specialist Probate solicitor. For example, if no Will was left by the deceased, if tax is payable or if charities are beneficiaries. A solicitor can also help with the administration of complex estates – for example estates which have business, agricultural or foreign assets.
A common reason for seeking professional help is also to allow the family to grieve rather than be burdened with the responsibility of administering the financial affairs of a loved one. Some of us are not natural organisers and do not cope well in crisis. It can be a great comfort to families struggling with loss to instruct a professional to relieve them of the responsibility at a stressful and emotional time. Some of us also just do not have the time to deal with the administration of an estate.
Being a Personal Representative (executor or administrator) can be an onerous role. It is time consuming and has to be done properly to avoid HMRC penalties and claims by beneficiaries and potential creditors. Family pressures and divided loyalties can also cause problems.
Whether an estate is complex or not, by instructing a solicitor, they can act as an impartial or neutral party. A solicitor can deal with the matter at a necessary distance from the emotional complications. A Personal Representative is personally responsible for ensuring that an estate is administered correctly. A solicitor will appropriately advise and assist the Personal Representatives throughout the administration of the Estate to ensure that the administration is dealt with accurately and correctly.
Enoch Evans LLP’s Wills, Tax and Probate Department based in the firm’s Walsall and Sutton Coldfield offices is made up of sympathetic, approachable and specialist lawyers who are experts on advising upon on Estate Planning, Probate and Estate Administration. If you wish to discuss the above, or any other matter regarding Probate, Estate Planning or Estate Administration then please do not hesitate to get in touch with a member of the Team.