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What Exactly Does a Probate Lawyer Do?

What Exactly Does a Probate Lawyer Do?

Surprisingly, many people have asked this question, as probate is one area of UK law that the average person is relatively unfamiliar with. Most people understand the need for making a will, and this is an obvious area where a probate lawyer would come into his own, but there are many other situations when a person might require a probate lawyer and here are just a few examples.

Contesting a Will

Perhaps a relative feels they have been treated unfairly in a deceased person’s Last Will and Testament, and this happens quite often. A family member may have been promised something by the deceased, but if that wasn’t specifically mentioned in the last edition of the will, then their claim is not legitimate. If you are ever in such a position, you can contact a probate lawyer and ask for their professional opinion, and if the solicitor feels you have a good case, he or she would represent you on a no win-no fee basis. If you happen to live in or near the capital, there are experienced probate lawyers in London who can give a free assessment of your case, and they can advise you on whether it is worth making a claim against the estate.

Trusts

Many people are concerned about leaving their wealth to their children, who are still relatively young, and by setting up a trust, one can effectively control how the estate is administered, and you can create a unique package that will be administered by your chosen Trustee, should the worst happen. Trust funds can ensure a young person has a quality education, and there are possibly tax advantages to setting up a Trust, and sourcing a good probate lawyer online will soon give you the answer.

Inheritance Tax

In the UK, if your estate is not worth over £325,000, then there will be no inheritance tax due, but anything over that figure could be liable for up to 40%, and for this reason, it makes sense to discuss your options with an experienced probate lawyer, and they would give you the benefit of their knowledge.

Deed of Variation

In the event a person dies and they have already written a will, then everything should be straightforward, but for those who did not make a will, the estate would be administered according to the rules of Intestacy. Intestacy can be challenged with a Deed of Variation, which must be lodged within two years of the death, and a probate lawyer would be the person to talk to. A person might feel they were treated unfairly in a will, and then they discover evidence that strongly supports their claim, then it is possible to claim for a Deed of Variation, which if successful, would alter the initial distribution.

There are indeed many special areas of law, and a probate lawyer in very much the unsung hero who works tirelessly in the background to ensure their client receives the best outcome.

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