Wills and probate is difficult and confusing area of law that most people do not really understand. It is important to remember that this very morbid topic of law is in place to allow individuals to create a Will that protects your property and family, it will ensure that all your estate goes to who you want it too in the event of your death.
Probate provides all the provisions that are needed for the administration of a Will. Wills and probate can be quite complex and difficult areas to deal with without the proper legal advice. This article aims to explore both Wills and probate in detail and explain the facts about where and how legal advice could be beneficial.
Legal advice tends to be required in the process of creating a Will as it can be quite a problematic process depending on your situation. You can create your Will on your own using a DIY Will kit and this will save you a lot of money. However, creating a Will on your own can be a difficult task and there are many things to consider and many areas to cover that can be very costly if missed. The disadvantages outweigh the advantages when it comes to making your own Will. You should always use a specialist probate solicitor who will be able to ensures that no area is missed, all relevant legal procedures are in correctly in place and the right kind of Will is used. Here are some of the different kinds of Wills you can create:
• Discretionary trust Wills
• Flexible interest trust Wills
• Living Will
• Lasting power of attorney
• Property trust Wills
• Single and Mirror Wills
There a two main reasons for creating a Will, the first is so you can decide who you want to receive what parts of your estate, and secondly who should be given responsibility of any children you may have that are under the age of 18 if both parents die.
You should always seek advice from a solicitor for the administration of a Will. When a person dies their wishes in their Will need to be processed and administered. The majority of people mention someone close to them as the administrator of their Will, this person will need to hand out all relevant parts of the estate and sort out any outstanding debts. Administration of an estate can obviously be a very difficult task for those who are still in the mourning process. If the chosen administrator does not feel up to the task due to the emotional difficulties then the law will provide an alternative administrator who will carries out proceedings.
However not all estate administration is an easy process, it can sometimes become problematic if there are disputes over the estate administration and legal advice may be required to settle it. There are often frequent disputes about a variety of reasons, such as; who is entitled to what parts of the estate, who is entitled to inherit certain assets and whether the administration process has been carried out in the correct manner. When a claim is made against an estate, more often than not legal advice and solicitors will be needed to sort out the disputes legally and efficiently.
Wills and probate can be a bit of a gloomy subject, but they are an essential and important part of the law that must always need to be considered by any individual who wishes their assets and estate to be distributed between family, their children protected and their wishes administered. To ensure all this goes smoothly in the Wills and probate process, legal advice is highly advisable.