fbpx

Why is Probate So Complicated?

Financials can get complicated; an example is the probate process. Let’s look at why it’s so complex in the UK. While the legal process of dealing with another person’s estate after they pass away can seem straightforward at first, sharing out the assets and other details can be intricate.

Why is Probate So Complicated? - pen to sign a contract image

Photo by Andrea Piacquadio:

A Lot of Legal Procedures

There is a lot to know, and it is not like you do this all the time. In fact, you have likely not gone through this process before. If you are the executor, the legal word for the person named in the will, or the administrator, if there is no will, you will have responsibilities under a legal framework. For example, you must complete certain forms, such as PA1P or PA1A. Making a mistake on a form can delay the process, so getting help from experts when you apply for probate can ease your stress. You also may need to submit Inheritance Tax forms.

Details Regarding Inheritance Tax

The word taxes is stressful. Now, make it a part of the probate process, and, understandably, it is likely to trigger a headache. Accurately valuing the estate is important, and that can be difficult to do if you’re unsure about investments, pensions, savings, and more. Before probate is granted, these taxes must be paid, and if there is a great deal outstanding, that may involve digging into savings.

Family Arguments about the Will

This already challenging time can bring tension within the family in ways you may not have imagined. For example, children or others may want valuables of the deceased person that they have not been awarded in the will. Along with challenging how assets were distributed, they may also question whether the will is valid. You may even have a family member say that they were supposed to be the executor and challenge you in this role. The result of family fights over inheritances can be a significant delay in the probate process, from a few months to years.

Different Rules Bring Different Situations

The law is not always clear-cut, whether it is regarding finances for probate or anything else. Things can get more complicated if the person who passed had business assets or owned foreign property. They might also have had bank accounts overseas. Given the implications, you may need a solicitor who is knowledgeable in this area to assist, making sure everything is done correctly to move the process along.

Conclusion: Probate Is Easier with Support

By now, it is clear that probate is complex. Even when all rules are followed, it can still be a lengthy process. With a knowledgeable expert as a resource, you can get through it more easily.  That helps reduce stress during an already difficult time. From financial tax to legal requirements, there is a lot to know. And family disputes, inheritance taxes, and overseas assets can make it more complicated. May you have a smoother time ahead after reading the details above, and may you have the time to grieve and heal from the loss of your loved one.

4 Compelling Reasons For Every Parent To Make A Will Today

Parent to make a will image

pixabay

Drawing up a will can be a tough thing to think about – not to mention the fact you might feel far too young to get started with the process. But if you have children, it is something you should consider doing so sooner rather than later. There are a variety of reasons why making a will, and we’re going to outline some of the most compelling with you today. Let’s take a closer look.

You get to choose

First thing’s first, if you don’t make a will, then you have no say on the fate of your family., The law will have to step in, and while we all trust the legal system to give the best outcomes, it doesn’t always get it right. To ensure that your wishes are fulfilled, you must make a will and make those wishes clear. Failure to do so will make sure that it is rules – not your preferences – that dictate what will happen to your family, property, and money.

It’s easy to forget until it’s too late

Of course, it’s difficult to contemplate your mortality, especially when you still feel relatively young and healthy. But, you should understand that life gets in the way of a lot of things – before you know it you could be retired, or suffering from an illness or condition. And, as Ronald Fletcher & Co. point out, elderly clients can often experience issues with wills and probate law. And the simple truth is that you never know what is going to happen an hour from now, let alone a few years. Don’t leave it until it is too late, and you can ensure that your children have precisely what they need when the inevitable happens. Not only will your will provide them with financial security, but you can also appoint guardians – and avoid disputes about your inheritance once you are not around.

Protect your kids

Your will acts as a safety net for your children and loved ones. Beneficiary designations, the creation of trusts, and even changes to property titles are all necessary to ensure your estate and will pass exactly as you wish it. It means that even when things slip through the cracks, your will ensures they are still in accordance with your desires.

Reduce ambiguity and argument

Make a robust will, and there will never be any disputes about it. While it would be nice to think your children and loved ones will accept your wishes, you just don’t know what things will be like further on down the line. There could be arguments, disputes, and massive problems if you don’t lay out your wishes within the legal framework of a will. Intestacy can cause a lot of issues within families, and the legal wranglings can take years to sort out. By making a clear and valid will, you are removing any opportunity for intestacy, and – probably – stopping the chance of family rifts developing.

Have you made a will yet? If not, why not? Let us know your thoughts about your worries about making a will in the comments section below!