There is nothing easy about the period after someone you love passes away. You will be dealing with so many different emotions as well as different duties. Someone will need to notify people, funeral arrangements to be made, and you will need to follow the government’s guidelines. While it is certainly difficult to differentiate between the different stages of difficulty, the immediate period afterwards is the toughest for many. And while it may not be the first thing on your mind after the death of a loved one, at some point the issue of settling their estate will have to be addressed.
At times like this where so many different emotions are involved and you are dealing with such an enormous loss, it can feel like the last thing that you want to do is bring in someone external to handle the settling of the estate, otherwise known as probate. However, while it is certainly possible to do this yourself, it is generally recommended that you hire a professional probate solicitor to help you through the process. Here are just a few reasons why.
A Solicitor Will Have The Right Experience
It sounds a little simplistic to say this, but anyone who has tried to take on a legal case by themselves has quickly realised that they have bitten off more than they can chew. This is largely because the law is a lot more complicated than most people understand, and it is particularly true when it comes to something like a will. There are various checks that need to be done, and several different conditions that need to be met, and this is before getting into any kind of situation where something is contested.
It is never going to be as simple as going through a will and giving the beneficiaries what they are owed. A probate solicitor will have years of experience of this process and will have an intimate understanding of how it all works. This will also help you to save money in the long run. We are all trying to keep costs down at the moment, but solicitors will know how to keep expenses to a minimum.
The Will May Be Contested
One of the main reasons why a probate solicitor is important is because there are a lot of different scenarios where the will may be contested. The umbrella term for this issue is contentious probate, and that can refer to a wide number of situations. One of the most common is that there may be a dispute between beneficiaries. Often, someone will disagree with the way the estate has been laid out in the will, and there may be a good reason for that disagreement.
If the will was changed drastically in the time leading up to the deceased’s departure, for example, this is often a cause for a contested probate. But these issues can also arise due to a decision to remove an executor. Again, there are many reasons why this may occur, such as issues of partiality or suitability. But you may also be facing a claim against the estate in the event that the someone is bringing a claim against the person in question, or you may want to raise one yourself. In all of these situations, it makes a lot of sense to bring in a good contentious probate solicitor. The team at Hugh James can help you settle an estate, and they have extensive experience.
Emotions Will Be Involved
There are very few legal situations, if any, that are completely free from any emotional entanglements. When it comes to settling an estate, you will need to be prepared for the fact that this will be a deeply emotional journey. It is not always possible to predict exactly how a loss will hit you, and when. Even though we have all learned a lot about our mental health in recent years and how different situations may impact us, there can be no denying that grief has a profound effect on our mental health. With so many different issues taking their toll right now, from cost-of-living issues to employment concerns, it would be sensible to remove this risk factor from your plate.
A good solicitor will be able to approach settling an estate from a purely objective perspective. That means that if there are some serious disagreements between different parties, they will be able to act as a third-party mediator. This may not take all of the complications out of the equation, and it may not necessarily mean that the issue is resolved any more simply. But it will mean that the risk for lasting emotional pain is minimised. It is also important to note that a good solicitor will be able to walk you through the whole process and explain anything that you do not understand.
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