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Probate Explained

Probate isn’t a term that gets used much in everyday language. It comes from the Latin probatum, meaning something proved. So what has that got to do with wills and inheritance? The proof part of probate refers to providing a verified copy of a will that proves an individual can execute a deceased person’s wishes. In modern terms, probate refers to the legalities of dealing with someone’s estate after they have died. This usually involves distributing their assets according to their will and may also involve settling their debts.

For any individual named, a personal representative of an estate, also known as an executor in cases where a will is in effect, there are strict legal obligations that must be met, often including applying for a Grant of Representation. Ensuring the letter of the law is kept to is made easy with the help of a probate solicitors in Portsmouth, such as Andrew & Andrew.

Help with every detail

Hiring a Portsmouth probate solicitors makes the burdensome task of managing a deceased person’s estate a lighter load to carry. A probate solicitor can make sure everything is administered correctly, starting with applying for the Grant of Representation. Their professional services are particularly helpful with complex estates, which can include instances where:

  • there are assets held in trust
  • there are assets abroad
  • the debts held by the deceased are greater in value than the assets of the estate
  • the validity of a will is in question
  • a dependent has been excluded from a will but may try to make a claim.

Whether an estate is straightforward or complex, certain boxes must be ticked. All assets of a deceased person must be listed and relevant information gathered. Legal documents to obtain the Grant of Representation must be drafted. Debts and liabilities must be settled and taxes paid. Finally assets must be distributed according to the will or if there is no will, according to intestacy rules. A probate solicitor in Portsmouth can manage each of these steps.

By sharing the burden of the legal responsibilities of dealing with a deceased person’s estate, the personal representative can rest easy knowing that they are honouring the deceased person’s wishes in accordance with the law.

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