Respecting the rights of the departed with our probate solicitor Emsworth team
The last thing you want to be thinking about during a time of grief after losing a loved one is who gets their stuff. Settling the remains of someone’s estate after they pass can be quite an emotionally draining time, especially if its a large amount to get through and there are people contesting decisions.
Handing over your estate management to our probate solicitor Emsworth team members can alleviate this process quite a bit.
What does probate mean?
For those that are unfamiliar with the process of probate, it’s basically the procedure whereby our probate solicitor Emsworth representatives prove a will in court, this makes it a valid public document and by extension validates the true requests of the recently departed.
What this means is that it is the correct requests left in the last will and testament of someone and is thereby legally valid in a court of law. So that means if your great uncle left you a pair of rollerskates, you have ownership of those skates and nobody can contest this.
When is it required?
Probate is used when there is a dispute with regards to how the estate of the recently departed is being handled. This could be in the form of disagreements over who gets property, finances or if there are children or pets involved, who their legal guardian is to be.
Most cases can be sorted amicably between parties, but when there is no clear resolution to the situation then a solicitor can step in to smooth things over and help get the right results. At Andrew & Andrew our highly trained team of legal experts will assess your case with all the due care and respect it requires, whilst helping to alleviate any strain placed on you, as we work towards a resolution of probate.
Can you perform this yourself?
Normally you should use a solicitor to handle your probate case, but that doesn’t mean you can’t do it all by yourself. If you plan on doing this then you usually need a letter of administration and the will to get the ball rolling through the court systems.
However, you should use a lawyer when and if you can, as there are benefits to including someone with the right training because there could be things you may miss.
For example, if there are any loopholes or missing aspects of the will that could be looked into as a way of resolving a situation or prevent further arguments. They can also cut through legal ‘jargon’ that can distract and confuse. Solicitors can also scrutinise any and all claims for fairness in far more detail than you would be able to manage on your own.
Do you always need probate?
In closing, in most cases you won’t always need probate as long as all the parties involved in the handling of the estate are fine with the results. But in the event there’s a contesting of the will you should immediately seek legal counsel.
Hopefully this has helped to clear up the process of probate and when you may need to seek legal representation to resolve a case. If you would like to learn more about this process or to make an enquiry about getting your own solicitor, then get in touch with our team at the practice.