Probate is the process of dealing with the estate of someone who has died, so the administration of an estate can be a stressful process. We can assist in obtaining the grant of representation (or grant of probate) and help ensure your role as a Personal Representative is fulfilled correctly and legally. We have considerable experience of giving guidance on these matters, for example payment of testamentary expenses and debts and payment of gifts to beneficiaries.
We also deal with contentious probate issues. These can include situations where you feel unfairly excluded as a beneficiary from a Will or when, in the capacity of a personal representative (executor or administrator), you need to defend a claim against an estate.
Powers of Attorney
Many people believe that if they lose capacity, their spouse or family automatically has authority to deal with their finances, property and health and welfare matters. However, that is not the case. In order for the family to have decision making authority a Lasting Power of Attorney is necessary. It is also important to understand the distinction between decisions about finance and property and those of health to ensure your appointed attorney(s) can make medical decisions when health issues arise in a manner consistent with your wishes.
We recommend making this arrangement alongside the will to avoid problems later and for an added degree of assurance. If you do not have a Lasting Power of Attorney in place, your family will not be able to deal with your assets should you become incapacitated unless they obtain a deputyship order from the Court of Protection; this can be expensive and can take time.
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