Probate is a legal process that must be followed meticulously to disperse a deceased person’s assets. Whether or not a will has been written, probate must be completed, and the process is essentially the same in both cases. If a person has written a will, they might have named an executor to manage their affairs.
However, if no will has been discovered, the right to administer a will can be exercised and the designated person will then be known as an administrator.
As the executor of a will, you may be able to conduct probate on your own in some situations. However, many people chose to hire a reputable probate counsel to manage the procedure for them at this difficult time. There are a few situations when you should consider availing the services of such solicitors.
Emotional Compromise
While dealing with the emotional agony of losing a loved one, many people find it difficult to go through a legal process. They are emotionally compromised and unable to make important decisions. A probate solicitor is entirely impartial and has no emotional attachments. They deal with situations like this daily, so they’ll be able to manage the legalities with a clear head, good judgment, and legal knowledge.
Enlisting the help of a probate solicitor in Parramatta may also be beneficial if the case contains concerns that might turn out to be complicated.
Legitimacy and Family Dispute
If the will’s legitimacy is brought into doubt, the estate may fall into intestacy if the legality of the will is not successfully defended.
In a case where financially dependent family members are attempting to claim a reasonable provision that will overturn the will, you need to involve a probate solicitor. Some laws allow family members who have not been sufficiently cared for by the will to petition a court to overturn provisions and claim the money.
Lack of a Will
A solicitor can help people in cases where a loved one has passed away without leaving a will. They can help divide assets such as real estate and trust funds. With their expertise, you can ensure a fair share for each family member and avoid raising any concerns or questions as well.
It may be easier to employ the expert who assisted in creating and storing the will if you elect to hire a probate solicitor, but this is not required. Instead, we recommend hiring a probate solicitor you can trust to perform a good job and with whom you feel comfortable.
