How to Find your Legal Expert: Part 6 – Probate Solicitor

Dealing with the probate process can be upsetting and confusing and finding a trusted Solicitor or Legal Adviser to guide you through is important. In this edition of the Backhouse guide to finding your legal expert, we have put together some useful tips to help you understand what to look out for when searching for a Probate Solicitor.

When a person dies, their assets are distributed to their beneficiaries after paying off any liabilities. This is called Estate Administration, and the first stage is normally to calculate and pay any Inheritance Tax that is due and obtain Grant of Probate from the Probate Registry. In this article, we will look at the best practices and top tips when searching for the right probate solicitor to help you.

1. Recommendations – have any of your friends or family recently used a solicitor to help obtain a grant of probate or gone through the process? Did their experience go as smooth as they hoped? Did they get the right help and support from the solicitor?
2. Website – A quick Google search can identify local solicitors that provide Probate services in your local area. Once you have found a firm, look at their website. Do they look professional? Read their history and background. You will also be able to get contact information.
3. Google Reviews – Google is a great place, however, sometimes it can be very misleading. Once you have found a firm, look at their Google reviews to see what previous clients have to say about their experience with them. Even if you are looking for reviews specifically relating to Probate services, read a selection as they will provide an overall opinion about the firm.
4. Legal Jargon – Does the business promote that they are legal jargon-free? The probate process has a lot of legal jargon and terms that may be confusing and having an expert who will break down the legal terminology into plain English will help make the process a lot simpler.
5. Fee Transparency – When looking at how much the Probate service is going to cost, the basic price is usually communicated with you, however, it is always worth checking that there won’t be any surprises when it’s time to pay the bill.
6. Comparing Costs – As tempting as it may be to choose the cheapest firm, this can have consequences. You may not receive a quality service, they may not be qualified or insured and therefore we recommend you do your homework first.
7. Initial Consultation – Most law firms offer an initial consultation, sometimes free of charge. The meeting enables you to discuss what you need and gives you the opportunity to get a feel for the expert and decide if they are understanding, friendly and professional before you commit.
8. Legal bodies and accreditations – Check that the firm you are considering appointing has all the necessary qualifications and accreditations to carry out the work.

As well as best practices and top tips, there are also certain legal bodies that you should look out for regarding the regulation of the firm and individual qualifications. Identifying these helps ensure that you are being provided with the right service and top-quality professional help.

SRA (Solicitors Regulation Authority) – the SRA logo and a registered number should easily be seen on the firm’s website and linked to a page that states the website has been verified by the SRA. This means that:

• everyone who works for the firm must meet the high standards the SRA set
• this firm must have the right level of insurance to protect you in case something goes wrong
• you may be able to claim through the SRA Compensation Fund to have your money reimbursed if this firm or a solicitor working for it loses your money.
• you can complain to the SRA if you are concerned about the behaviour of this firm.

Other than the firm being regulated by a recognised regulatory body (like the SRA), the individual solicitor needs to be fully qualified or be a legal executive with experience to be able to advise you on your legal needs.

The Association of Lifetime Lawyers (Formally SFE – Solicitors for the Elderly) – there is a requirement for passing of exams before becoming a member, followed by ongoing professional development and adherence to a professional code of conduct so you can be sure you are in safe hands.

STEP (Society of Trusts and Estate Practitioners) – the leading worldwide professional body in Will drafting, Trusts, Estates, and related matters.

Using a trusted legal expert is vital when it comes to probate as there are potential hiccups that may come to light making the process even more complex, such as:

• Missing or an unclear Will: An invalid Will can complicate the probate process. This includes a Will that may be poorly written, unclear, or disputed by beneficiaries, leading to legal disputes.
• Incomplete or inaccurate information: Inaccurate or incomplete information about the deceased person’s assets, debts, beneficiaries or forgotten assets can delay the probate process and lead to disputes among beneficiaries.
• Executor issues: The executor in the Will may not be willing or able to carry out their duties, or there may be disputes among co-executors. In some cases, beneficiaries may challenge the choice of executor.
• Estate & Inheritance tax planning issues: Calculating and paying any applicable inheritance or estate taxes can be complex, and mistakes in this process can lead to legal and financial complications. If there is a lack of estate planning to minimise inheritance tax liability, it can result in the estate owing more taxes than necessary. A trusted legal expert may also be able to mitigate the tax liability by advising on how to vary the estate.
• Creditors’ claims: Creditors have the right to make claims against the deceased person’s estate to collect outstanding debts. Handling creditor claims can be challenging, especially if there are disputes over the validity or amount of these claims.
• Family & Beneficiary disputes: Family members or beneficiaries may disagree/dispute the fairness and distribution of assets or the validity of the Will, leading to legal battles and delays in the probate process. If beneficiaries live abroad, there may be additional tax and legal considerations to address.
• Delays in court proceedings: If the probate process becomes complicated by legal disputes or administrative delays, it can take a long time to settle the estate, which can be frustrating for beneficiaries.

At Backhouse Solicitors, our team of Probate specialists provide advice with understanding and sensitivity when winding up and administering estates. We understand that this is an extremely difficult time for the relatives of the deceased, and we will do our utmost to make the process as straightforward and stress free as possible.

If you need advice regarding obtaining a Grant of Probate or the overall process, contact our friendly team and book a free 30-minute consultation.

Coming Soon – How to Find your Legal Expert – Part 7 – Employment Lawyer for Employees

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Email:     info@backhouse-solicitors.co.uk
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