Why might you require a solicitor after someone passes?
When a person passes, there are a variety of complex and often time consuming processes which need to be handled and having a strong legal team working alongside you will help ease the transition and remove the strain. After all, we understand that legal matters, in the majority of cases, are the last thing that people want to be dealing with under these difficult circumstances. Our probate solicitors Portsmouth are therefore on hand to alleviate this potentially stressful burden and provide you with the knowledge and support to efficiently deal with the legal matters left behind.
Understanding the word probate
To begin with it is vital that there is an understanding of what is being discussed when referring to probate. In simple terms the probate process is the establishment of the validity of the final testament or will of the deceased.
A brief outline of the probate process
The start of the probate process is where the assets of the deceased, for example a property, is collected using legal and fiscal measures. An administrator then begins to handle the decisions regarding the distribution of the assets to the benefactors involved. The benefactors can range from family members through to charities and therefore emotions can run high.
It is important to have a representative with the official power to make relevant legal decisions and judgements. For this to happen a ruling by the court will occur and someone will be giving power of attorney over the estate. Once this is in place and the necessary documents, often known as grants, are obtained, any properties owned by the deceased can be sold and important accounts such as bank accounts can be closed.
In cases where a property is left behind by the deceased, the court will often need to grant power of attorney to an individual which without the relevant knowledge can end up being a lengthy, stressful process. Please note there are a variety of types of grants and whilst not all cases require a grant, having the understanding behind this and knowing whether an application is required or not is highly important. Our probate solicitors Portsmouth have years of experience within this area and therefore can easily guide you through the processes and make the relevant applications for you.
At the end of the probate process is the distribution of the assets among any benefactors as per any instructions left behind in the will.
When might a grant not be required?
In certain circumstances, such as when a surviving spouse who jointly owned the assets of the estate is left behind, there is no need for a grant. It is vitally important to ensure that you understand whether your individual case fits into this bracket, as it is important in a legal aspect to ensure that all assets of the deceased are dealt with correctly.
Please contact our probate solicitors Portsmouth today via freephone for a free consultation and further advice. Alternatively, please visit our website for more information.