Probate Solicitors in Plymouth
When someone close to you passes away, the time will come to sort out their affairs. Whether you’re the executor of the Will or a family member - we’re here to help you through what will be an emotional, daunting and challenging time.
There may well be all sorts of legal issues to be dealt with, but please don’t worry. A lot of it will seem unfamiliar and probably quite scary too. But its our job to explain it all to you and to make sure that the administration of the estate is carried out correctly.
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call Speak to one of our friendly Probate Solicitors on 01752 827076
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Frequently asked questions
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If a person dies without making a Will, their estate is distributed according to the rules of intestacy. Our specialist solicitors can explain how these rules will apply in any given circumstances. Managing this type of estate is often much more complicated than where the deceased left a Will and requires the help of specialist and experienced probate solicitors.
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Personal Representatives is the collective name for both Executors and Administrators. The Personal Representatives of someone who made a valid Will are called Executors. If someone dies without a Will (intestate) then the people in charge of their estate are called Administrators.
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Both Executors and Administrators have a number of duties and responsibilities but, broadly their role is to correctly administer the estate. The roles are time consuming and mistakes can happen which could mean that the executor or administrator becomes personally liable for debts of the estate or to the beneficiaries of the estate. Even the simplest of estates can have unexpected problems and if you need help our experienced probate solicitors can assist you.
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Not always. But we would recommend checking with a Solicitor first, particularly if there is no valid Will. Jointly held property and joint bank accounts usually, but not always, pass to the co-owner without the need for a Grant.
However, even if a Grant is not required, there may also be Inheritance Tax issues of which you might not be aware, and for which an Inheritance Tax return may nonetheless be required. Gifts the deceased made before death can change the situation as can the existence of Trusts. You should always seek advice from a Solicitor if you’re not absolutely sure.
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Funeral costs are usually paid out of the estate, provided of course there is sufficient money to do so. This should be checked before any funeral is organised, as people making any such arrangements are legally responsible for paying the account if there is not enough money in the estate. Banks will usually agree to release money to pay the Funeral Directors (providing there is enough money in the account), despite the bank account freezing upon death. They’ll usually do this before the Grant of Probate is obtained.
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If your enquiry is urgent then please call us on 01752664444.
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