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Losing a loved one is hard enough without the added stress of probate.
If you have ever been through the process, you will know how complex, time-consuming, and emotionally draining it can be.
Without proper planning, probate can become a lengthy legal headache for those left behind.
There are steps you can take to make it easier, however.
Thoughtful legal planning can help your family avoid unnecessary delays, disputes, and costs when handling your estate.
A properly drafted Will is the foundation of any good estate plan.
Without one, your estate will be distributed according to intestacy laws, which may not follow your wishes.
Worse still, intestacy can lead to legal disputes between family members, delaying the process even further.
Your Will should be clear, legally valid, and regularly updated to reflect changes in your life, such as marriage, divorce, or new family members.
If you have complex wishes, such as providing for dependents, business interests, or charitable donations, our solicitors can ensure your Will is structured correctly to reflect your intentions.
Your executor is responsible for carrying out your wishes and handling probate.
Many people appoint a family member, but it is important to choose someone reliable, organised, and willing to take on the responsibility.
You can also appoint a solicitor as a professional executor, ensuring the process is handled correctly and impartially.
If you appoint multiple executors, make sure they can work together effectively to prevent delays or disagreements.
Trusts can be a useful tool for estate planning, helping to manage and distribute assets without going through probate. This can be particularly beneficial for:
We can help determine whether a trust is appropriate for your situation and ensure it is set up correctly.
Many people assume their Will automatically covers everything they own, but some assets may fall outside of probate or require additional legal steps. For example:
A solicitor can help identify any assets that need special consideration and ensure they are properly accounted for in your Will.
Digital assets can be just as valuable as physical ones.
Online bank accounts, social media profiles, and even cryptocurrency holdings can cause legal complications if not properly planned for.
Make sure your executor knows where to find important digital information, and specify in your Will how you want your online presence to be handled.
Some platforms, such as Facebook and Google, allow you to set up ‘legacy contacts’ to manage your accounts after your death.
Even the most well-drafted Will is useless if it cannot be found.
Keep your original Will and any related legal documents in a secure place, such as with your solicitor or in a safe deposit box.
Inform your executors where these documents are stored to avoid unnecessary delays.
If you have made multiple versions of your Will over time, ensure outdated copies are destroyed to prevent confusion or disputes.
While some estates are straightforward, others may involve legal complexities that make probate more challenging. You should seek legal advice if your estate includes:
We can help you structure your estate to minimise potential legal disputes and ensure a smoother probate process.
A carefully planned Will and a well-structured estate can prevent unnecessary legal challenges, allowing your family to focus on what truly matters, remembering you.
If you are unsure where to start, speaking with our probate solicitors can help ensure your estate is handled in the best possible way. Speak with us today.
Associate Probate Executive – Wills, Probate & Older Client Services
I have worked for Mander Hadley for 17 years and specialise in Wills, trusts, tax, probate and the administration of estates.
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