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Probate, Wills and Trust Solicitor Sheffield

At Family Law Sheffield our specialist team of solicitors can assist you with all matters relating to Probate, Trusts and Wills. Whether you are applying for probate, wanting to create a will our team of experts has the wide range of experience and vast legal knowledge to ensure that your needs are met. Our solicitors have experience of managing the most complex of estates and have years of experience in dealing with probate matters.

To discuss your specific needs with an expert solicitor call us today on 0114 478 2573 or complete our online enquiry form and a member of our team will get in touch with you.

Probate

Applying for probate is the process of applying for the legal right to deal with someone else’s property, money and possessions. When loved one dies and leaves a will and you apply for probate you will be given a ‘grant of probate’ which will allow you to deal with their estate. The whole process of probate includes a variety of tasks:

  • Making an inheritance tax return to HMRC
  • Paying inheritance tax to HMRC
  • Finalising income tax and pensions
  • Gathering the estate from banks and building societies
  • Selling the assets of the deceased
  • Paying any money due to beneficiaries
  • Preparing accounts for the estate

Letters of Administration

Letters of Administration are granted when somebody dies without leaving a valid will. Obtaining these will allow you to administer the estate in much the same way as if they died with a valid will although there are minor differences in the process which our team of experts will advise you on.

Who can apply for Probate

If there is a will, the person named as the executor can apply for probate. There may be more than one executor named. If there is more than one executor, all executors must agree who makes the application for probate. A maximum of 4 executors can be named on the application.

If there is no will then you can apply to become the estate’s administrator if you are the spouse, civil partner or child of the deceased. You will not be successful in applying for Probate if you are the partner of the deceased but did not enter into a marriage or civil partnership with them.

Before applying for probate you must value the money, property and possessions of the deceased. This will involve contacting organisations such as banks or utility providers. You will also have to estimate the estate’s value and report it to HMRC. This process could take 6 to 9 months or even longer for larger or complicated estates.

Wills

Preparing a Will is essential for all of us to do as we all want to make sure that the interests of your family are protected in the event of your death. It is a Will that ensures that your estate is divided properly in accordance with your wishes and can make sure that more inheritance tax is paid than necessary. If you die without a will in place then your assets will be divided according to law and could result in your loved ones in missing out.

Writing a Will

For a will to be valid there are certain criteria that must be met. To write a will you must:

  • Be 18 or over
  • Be writing the will voluntarily
  • Have capacity to understand what you are doing with the will
  • Be preparing the will in writing
  • Have the will witnessed by two witnesses both of whom are over 18. Neither witness nor their spouses can be the beneficiary of the will
  • Have the will signed by both of your witnesses in your presence

Contents of the Will

A Will can cover a wide range of issues. Most will cover the following important aspects:

  • Who should benefit from your Will
  • Who should look after any children under 18
  • Who is going to be the executor of your estate
  • What happens if the people you want to benefit die before you

The person or people you name as executors will be responsible for distributing assets to beneficiaries and is also responsible for settling any debts and liabilities still existing at death.

Changing a Will

It is possible to change your will in the future or update it. In order for any changes to be valid the same witnessing process must be followed. If you are simply looking to change or update a Will then adding a codicil rather than drafting a new Will in its entirety. The same witnessing conditions as preparing a Will must also be observed for a codicil.

If you want to prepare a brand new Will, this can also be done. The new Will must state that the old Will is revoked in its entirety and the old Will must be destroyed.

Trusts

Setting up a Trust can assist you and your family in the management and protection of your assets. Our expert team at Family Law Sheffield are ready to help you if:

  • You want better protection of your assets
  • Someone is too young or otherwise incapable of managing their assets
  • You want to pass on assets to loved ones while you are still alive

The trust will be managed by the trustees in accordance with your wishes, will make sure that any taxes that are due are paid and will ensure that the beneficiaries are given what is due to them.

To discuss your trust needs call Family Law Sheffield today.

Contact our Wills and Probate Solicitors Sheffield

At Family Law Sheffield we have the expertise to assist you with your needs in relation to Wills and Probate and give you the outcome that you want.

Call our team of specialists at Family Law Sheffield today on 0114 478 2573 or complete our online enquiry form and a member of our team will be in touch.

Enquire now

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