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Why Use a Solicitor for Probate?

Nov 30, 2021

We’ll take care of the details while you’re coping with your loss

When a loved one dies, emotions can run high, even when the death was expected. But when you start thinking about all the practical things you need to do, it can become even more stressful and overwhelming, especially if you’re the Executor of the deceased’s estate. As the Executor you are legally responsible for ensuring that the estate administration is carried out correctly, including making sure the estate is valued properly, the right inheritance tax is paid and all of the gifts from the estate are distributed according to the will. We have more practical information about what to do when someone dies in our recent blog.


But the stress of a major loss can quickly deplete your energy and emotional reserves. While some probates are relatively easy to deal with, even with straightforward estates there are plenty of challenging issues that can arise and things that can go wrong. If you make a mistake, you can be held responsible for it.


Having an expert assist you with probate is, therefore, the simplest and most effective way to take some of the burden of responsibility off your shoulders and give you peace of mind that you are correctly carrying out your duty to the deceased and their beneficiaries.


How a probate solicitor can help


As probate solicitors we are completely independent and have no emotional ties, plus we handle probate cases every day. This means we’ll be able to deal with the legalities with a clear mind, sound judgement and years of relevant legal experience. We can make the process easier for you, making sure that the right information is gathered, completing all the appropriate documentation and submitting it correctly so as to avoid any penalties.

Applying for probate is time consuming and can be frustrating. As expert probate solicitors we can guide you through all the stages of applying for probate. For example, we can:

  • Tell you whether you need to apply for probate (not all estates will qualify)
  • Value the estate
  • Submit Inheritance Tax forms to HMRC
  • Apply for a grant of representation on your behalf
  • Collect the assets of the estate
  • Make sure the estate is distributed accurately to the beneficiaries in accordance with the deceased’s wishes


Dealing with digital assets


Not many people realise that a deceased’s digital assets also form part of their estate. We’re continually being persuaded to transfer our financial dealings online, and as an Executor you’ll need access to all of the deceased’s digital accounts so that we can make sure everything is counted in our valuation of their estate. This may include their social media accounts, if they have a financial value.


We will help you manage your way through the process, and we encourage everyone to keep a list of their online profiles with passwords (preferably locked away with your will) so that your Executors can deal with them appropriately and swiftly. This useful article from Solicitors for the Elderly explains more about what constitutes a “digital asset” and how to go about gathering the information.


Why use Ash Hill’s probate services?


There are also a number of other specific benefits from using Ash Hill’s probate solicitors:

  • We are regulated by the Solicitors Regulation Authority (SRA) which means we abide by strict codes of professional conduct
  • We have the experience and expertise to effectively deal with all of the procedural requirements involved in probate with view to keeping delays to a minimum. For example, we’ll make sure the right tax is paid, any problems are identified and resolved, and all accounts are handled with full legal compliance
  • If necessary, we can mediate between family members or deal with third parties in the event of a dispute. This helps keep you as the Executor out of the ‘firing line’ and can make it easier to quickly resolve conflicts
  • We can ensure that claims from disappointed parties not benefitting under a will are monitored. This includes adherence to time limits for prospective claims, including those from creditors
  • We can ensure that the identity of any beneficiaries is properly established and that there are no impediments against handing over funds (e.g. if a beneficiary is bankrupt)
  • Should issues arise relating to matters outside of the estate, we have a wide range of experts on hand that we can engage at the most appropriate time to resolve these issues
  • We keep you informed every step of the way, and we are here should you have any questions at any stage of the process


Grief can make you feel many different things and can involve some strong emotions, including worrying about practical issues like probate. You can rely on our service, our expertise, our sensitivity to your situation, and absolute discretion in all matters relating to your loved-one’s estate.


If you would like to discuss how we can assist you, please call us on 0208 515 2790, or complete our online enquiry form, and a member of our Wills and Probate team will contact you to discuss your requirements.


We have the in-house expertise in a wide range of legal services, and our advice is tailored to your particular circumstances. From Divorce, Civil and Commercial Mediation and Elderly Client Care, to setting up Trusts and Nuptial & Cohabitation Agreements.


No matter what your legal problem is, we can help you.

What is a Lasting Power of Attorney?

By Nasreen Akhter • 22 Feb, 2024
A Lasting Power of Attorney is an important legal document that lets you choose who would make decision on your behalf if you were unable to do so due to a sudden accident, illness, or long-term health issues. There are two different Lasting Powers of Attorney, one covers decisions regarding Health and Welfare and the other Property and Finance. The person for whom the Lasting Power of Attorney is created is called the donor and the people (or persons) nominated to make decision on behalf of the donor are called attorneys. How do I decide who to appoint as my attorney(s)? An attorney can be a relative, friend, spouse or civil partner, your child or even a professional. Ideally, they should be individuals who know you well and most importantly to appoint people who you trust. It is always useful to have more than one attorney as this allows checks to be put in place and provides reassurance to you and other members of the family. You can specify what decisions you are happy for your attorney(s) to make on your behalf. You can decide if your attorney(s) must act jointly on all matters or whether they can also act individually (severally). An LPA ensures that, should you be unable to manage your own affairs, the people you have appointed can manage your financial life on your behalf. This can save a great deal of money and will ensure that as a vulnerable person your affairs will be handled correctly. Risks of not having an LPA If you lose mental capacity without an LPA in place, your family must apply to the Court of Protection to have a deputy appointed to deal with everyday financial matters. This is a slow and expensive process. Contact us today for a free no obligation chat: www.ashhillsolicitors.co.uk Our Power of Attorney solicitors can help and guide you through this process to make sure your forms are correctly and accurately completed.

Why are there delays in obtaining grant of Probate and how to avoid them?

By Nasreen Akhter • 09 Jan, 2024
Bereaved families in the UK are facing a significant financial burden as probate delays continue to accumulate significant costs and unpaid taxes, adding to the distress and emotional strain during an already difficult time. https://committees.parliament.uk/committee/102/justice-committee/news/198600/justice-committee-launches-new-inquiry-into-probate-amid-concerns-over-delays-and-consumer-protection/#:~:text=The%20waiting%20time%20for%20probate,take%20at%20least%20nine%20months. The waiting time for probate almost doubled from April 2022 to April 2023, with reports citing cases of probate taking more than eleven months and practitioners advising clients that probate will take at least nine months. Whether using online systems or the traditional paper process, applicants can now expect a lengthy wait of up to four months or more for probate to be granted. The backlog, a long-lasting result of the challenges created by the Covid pandemic, currently stands at around 40,000 applications, and shows no signs of improving, leaving many families uncertain of when or how they can find a resolution. What problems are caused by Probate delays? Delays in settling an estate can have serious financial consequences for beneficiaries. Here are some important things to consider: If Inheritance Tax is owed, the first payment must be made within the first six months after the death. HMRC will not issue a receipt to the Probate Registry until payment is received - https://www.gov.uk/inheritance-tax After six months, HMRC applies interest to any remaining balance - https://www.gov.uk/government/publications/rates-and-allowances-inheritance-tax-thresholds-and-interest-rates Properties with monthly service charges can incur additional costs due to delays. Vacant properties may require special insurance coverage. Waiting for probate to be granted can prolong the process of selling a property, potentially discouraging buyers. Having a current Will in place should help to ensure a smoother and more efficient probate process. How can these problems be solved? HMCTS is actively exploring various methods to enhance the efficiency and speed of its service. This includes a focus on improving IT systems and reducing paper applications. Digital applications, on average, are processed in less than half the time it takes to process paper applications.  However, irrespective of the application method chosen, gaining a Grant of Probate will always involve a significant amount of legal, tax, and administrative work, which can be time-consuming, and complex by its very nature. As such it is always wise to enlist the support of a probate specialist should you want to minimise the risk of complications causing a stoppage or compounding the existing processing delays. Call us today for a free no obligation chat.

Government announcements to changes in visa rules to take effect in Spring 2024

By Nasreen Akhter • 02 Jan, 2024
On 4 December 2023 the UK government announced tougher visa rules to cut net migration. The current salary required for skilled overseas workers is £26,200, however proposed changes mean this is to increase to £38,700. James Cleverly, the Home Secretary said that 300,000 people who were eligible to come to the UK last year would not be able to in future. Furthermore, the gross annual minimum income requirement for family visas has also risen from £18,600 to £38,700. The home secretary believes there has been an ‘abuse’ of health and care visas for years and has now planned to make it ‘fair, legal and sustainable.’ The sharp increase in net immigration (difference between those entering and leaving the UK) has led to a political challenge for Mr Sunak and the conservatives who have promised on many occasions to bring this number down since 2010. In addition to the new salary requirements, the government said they would: Ban care workers bringing family dependants to the UK End companies being able to pay workers 20% less than the going rate for jobs on a shortage occupation list Increase the Immigration Health Surcharge which foreign workers pay to use the NHS from £624 to £1,035 Raise the minimum income for family visas to £38,700, from £18,600 from next spring To further review the graduate visa route to "prevent abuse" These changes are likely to take effect in spring 2024. The government's changes to the minimum income for family visas mean that people may be blocked from bringing their relatives to stay in the UK under certain circumstances. If you have an issue and require assistance, then Ash Hill solicitors is happy to help and advise further. Please call our immigration solicitor on 02085152790.
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