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Why Use a Solicitor for Probate?

November 30, 2021

We’ll take care of the details while you’re coping with your loss

When a loved one dies, emotions can run high, even when the death was expected. But when you start thinking about all the practical things you need to do, it can become even more stressful and overwhelming, especially if you’re the Executor of the deceased’s estate. As the Executor you are legally responsible for ensuring that the estate administration is carried out correctly, including making sure the estate is valued properly, the right inheritance tax is paid and all of the gifts from the estate are distributed according to the will. We have more practical information about what to do when someone dies in our recent blog.


But the stress of a major loss can quickly deplete your energy and emotional reserves. While some probates are relatively easy to deal with, even with straightforward estates there are plenty of challenging issues that can arise and things that can go wrong. If you make a mistake, you can be held responsible for it.


Having an expert assist you with probate is, therefore, the simplest and most effective way to take some of the burden of responsibility off your shoulders and give you peace of mind that you are correctly carrying out your duty to the deceased and their beneficiaries.


How a probate solicitor can help


As probate solicitors we are completely independent and have no emotional ties, plus we handle probate cases every day. This means we’ll be able to deal with the legalities with a clear mind, sound judgement and years of relevant legal experience. We can make the process easier for you, making sure that the right information is gathered, completing all the appropriate documentation and submitting it correctly so as to avoid any penalties.

Applying for probate is time consuming and can be frustrating. As expert probate solicitors we can guide you through all the stages of applying for probate. For example, we can:

  • Tell you whether you need to apply for probate (not all estates will qualify)
  • Value the estate
  • Submit Inheritance Tax forms to HMRC
  • Apply for a grant of representation on your behalf
  • Collect the assets of the estate
  • Make sure the estate is distributed accurately to the beneficiaries in accordance with the deceased’s wishes


Dealing with digital assets


Not many people realise that a deceased’s digital assets also form part of their estate. We’re continually being persuaded to transfer our financial dealings online, and as an Executor you’ll need access to all of the deceased’s digital accounts so that we can make sure everything is counted in our valuation of their estate. This may include their social media accounts, if they have a financial value.


We will help you manage your way through the process, and we encourage everyone to keep a list of their online profiles with passwords (preferably locked away with your will) so that your Executors can deal with them appropriately and swiftly. This useful article from Solicitors for the Elderly explains more about what constitutes a “digital asset” and how to go about gathering the information.


Why use Ash Hill’s probate services?


There are also a number of other specific benefits from using Ash Hill’s probate solicitors:

  • We are regulated by the Solicitors Regulation Authority (SRA) which means we abide by strict codes of professional conduct
  • We have the experience and expertise to effectively deal with all of the procedural requirements involved in probate with view to keeping delays to a minimum. For example, we’ll make sure the right tax is paid, any problems are identified and resolved, and all accounts are handled with full legal compliance
  • If necessary, we can mediate between family members or deal with third parties in the event of a dispute. This helps keep you as the Executor out of the ‘firing line’ and can make it easier to quickly resolve conflicts
  • We can ensure that claims from disappointed parties not benefitting under a will are monitored. This includes adherence to time limits for prospective claims, including those from creditors
  • We can ensure that the identity of any beneficiaries is properly established and that there are no impediments against handing over funds (e.g. if a beneficiary is bankrupt)
  • Should issues arise relating to matters outside of the estate, we have a wide range of experts on hand that we can engage at the most appropriate time to resolve these issues
  • We keep you informed every step of the way, and we are here should you have any questions at any stage of the process


Grief can make you feel many different things and can involve some strong emotions, including worrying about practical issues like probate. You can rely on our service, our expertise, our sensitivity to your situation, and absolute discretion in all matters relating to your loved-one’s estate.


If you would like to discuss how we can assist you, please call us on 0208 515 2790, or complete our online enquiry form, and a member of our Wills and Probate team will contact you to discuss your requirements.


We have the in-house expertise in a wide range of legal services, and our advice is tailored to your particular circumstances. From Divorce, Civil and Commercial Mediation and Elderly Client Care, to setting up Trusts and Nuptial & Cohabitation Agreements.


No matter what your legal problem is, we can help you.

What will happen to your digital assets if you pass away suddenly?

By Nasreen Akhter • January 20, 2025
What will happen to digital assets if you pass away suddenly? In today’s digital world, where most of us have multiple digital assets, it is important to put measures in place to protect these assets. A digital asset refers to any asset which you own and may have stored in a digital format. Typically, digital assets are accessed via an online account run by a third-party provider such as Facebook, Google, Apple, or Amazon. There are many examples of digital assets which you may own that are online. These are typically bank accounts, music libraries, email accounts, cryptocurrency, social media, gambling accounts, loyalty schemes, or sentimental photos and videos. Maintaining access to online accounts is essential for either financial or sentimental reasons. Thus, it is very important to plan what will happen to your online accounts when you pass. How can digital assets be protected? The tech industry is fast-paced and constantly changing, with new languages, frameworks, and tools emerging regularly. You may have multiple online accounts on various platforms. For each online account, we recommend that you should review the terms and conditions you agreed to when creating the account. Each account is likely to have specific terms on which assets can be administered on death or if there is no activity on an account for a long period of time the account might be terminated. We recommend that you should choose a digital executor to take over control of certain aspects of your account where the internet service providers (ISP) offer this facility. For example, Facebook allows you to nominate a legacy contact to turn your account into a memorial when you die. Google, on the other hand, allows you to nominate an Inactive Account Manager. This in turn allows the account to be closed or for the submission of requests for data from the account. You should make note of the fact that some ISPs will permanently destroy your digital assets after a period of inactivity or upon notification of your death. What will happen to your digital assets if you pass away without a will or have not mentioned the digital assets in your will? If you currently have a Will in place that does not provide for your digital assets upon death, then these are likely to form part of the residue of your estate and will pass to your residuary beneficiaries. If you don’t have a Will in place, then your digital assets will be distributed via the rules of intestacy which could risk your digital assets ending up in the wrong hands or being lost forever. Here is a link to a government website that explains the rules of intestacy: https://www.gov.uk/inherits-someone-dies-without-will What challenges will your relatives face when dealing with your digital assets? Relatives often face several issues when dealing with a relative's digital assets after their death: Access and Passwords : One of the primary challenges is gaining access to the deceased's digital accounts and assets. Without passwords or access credentials, it can be difficult to manage or close accounts. In order to remedy this administrative issue, it is important to keep a list of digital assets and login information in a secure place. Ideally, this should be alongside the will in a locked draw/safe. Furthermore, this should be updated regularly to avoid further issues. Such information should not be disclosed in the Will document as the Will becomes a public document once a Grant of Probate is obtained. Identification of Assets : Identifying all digital assets can be challenging, especially if the deceased did not maintain a comprehensive list. Digital assets can be spread across various platforms and devices. Ownership : Relatives performing the role of an Executor for the deceased’s estate will need to determine whether the deceased owned the object or if they had the required permission to utilise it during their lifetime. The information regarding the deceased’s ownership will likely be displayed in the terms and conditions of each digital asset. Legal Authority : Relatives may need legal authority, such as a grant of probate, to manage or transfer digital assets. This can be complicated if the deceased did not leave clear instructions or if the digital service providers have strict policies. Service Provider Policies : Different service providers have varying policies regarding the transfer or closure of accounts after death. Some may require specific documentation or legal processes. Privacy Concerns : There may be privacy issues related to accessing the deceased's digital communications or personal data, which can complicate the process. Valuation and Transfer : Determining the value of digital assets, such as cryptocurrencies or digital art, and transferring them to beneficiaries can be complex and may require specialist knowledge. Legal and Tax Implications : There may be legal and tax implications associated with inheriting digital assets, which can vary depending on the type of asset and jurisdiction. How can we help you plan ahead to protect your digital assets? At Ash Hill Solicitors, our experienced solicitors specialise in all areas of estate planning and Wills. We can assist in planning your digital legacy by providing comprehensive legal guidance and support in several key areas: Identifying Digital Assets : We can help you identify all your digital assets, including online accounts, digital currencies, and intellectual property, ensuring nothing is overlooked. Drafting Legal Documents : Our team can draft or update your will to include specific instructions for the management and distribution of your digital assets, ensuring these are legally binding and clear. Appointing a Digital Executor : We can assist in appointing a digital executor, who will be responsible for handling your digital assets according to your wishes. Access and Security : We can advise on secure methods to store access information, such as passwords and encryption keys, ensuring that your digital executor can access your assets when needed. Compliance with Laws : Our experienced solicitors ensure that your digital legacy plan complies with relevant laws and regulations, including data protection and privacy laws. Regular Updates : We are able to help you regularly update your digital legacy plan to reflect changes in your digital assets or personal circumstances. Dispute Resolution : In the event of disputes over digital assets, our team can provide legal representation and advice to resolve issues effectively. By working with Ash Hill Solicitors, you can rest-assured your digital legacy is managed according to your wishes, and that your digital assets are protected and transferred smoothly to your beneficiaries. Please access our downloadable free digital assets log: Click Here Further information The draft Property (Digital Assets etc) Bill proposes that digital assets can be the object of property rights in England and Wales. Please see the link below for further details: https://www.lawsociety.org.uk/topics/private-client/property-digital-assets-etc-bill Contact us Call us today so that we can assist you in securing your digital assets: 02085152790 or visit our website for further information https://www.ashhillsolicitors.co.uk/ .

What is a Lasting Power of Attorney?

By Nasreen Akhter • February 22, 2024
A Lasting Power of Attorney is an important legal document that lets you choose who would make decision on your behalf if you were unable to do so due to a sudden accident, illness, or long-term health issues. There are two different Lasting Powers of Attorney, one covers decisions regarding Health and Welfare and the other Property and Finance. The person for whom the Lasting Power of Attorney is created is called the donor and the people (or persons) nominated to make decision on behalf of the donor are called attorneys. How do I decide who to appoint as my attorney(s)? An attorney can be a relative, friend, spouse or civil partner, your child or even a professional. Ideally, they should be individuals who know you well and most importantly to appoint people who you trust. It is always useful to have more than one attorney as this allows checks to be put in place and provides reassurance to you and other members of the family. You can specify what decisions you are happy for your attorney(s) to make on your behalf. You can decide if your attorney(s) must act jointly on all matters or whether they can also act individually (severally). An LPA ensures that, should you be unable to manage your own affairs, the people you have appointed can manage your financial life on your behalf. This can save a great deal of money and will ensure that as a vulnerable person your affairs will be handled correctly. Risks of not having an LPA If you lose mental capacity without an LPA in place, your family must apply to the Court of Protection to have a deputy appointed to deal with everyday financial matters. This is a slow and expensive process. Contact us today for a free no obligation chat: www.ashhillsolicitors.co.uk Our Power of Attorney solicitors can help and guide you through this process to make sure your forms are correctly and accurately completed.

Why are there delays in obtaining grant of Probate and how to avoid them?

By Nasreen Akhter • January 9, 2024
Bereaved families in the UK are facing a significant financial burden as probate delays continue to accumulate significant costs and unpaid taxes, adding to the distress and emotional strain during an already difficult time. https://committees.parliament.uk/committee/102/justice-committee/news/198600/justice-committee-launches-new-inquiry-into-probate-amid-concerns-over-delays-and-consumer-protection/#:~:text=The%20waiting%20time%20for%20probate,take%20at%20least%20nine%20months. The waiting time for probate almost doubled from April 2022 to April 2023, with reports citing cases of probate taking more than eleven months and practitioners advising clients that probate will take at least nine months. Whether using online systems or the traditional paper process, applicants can now expect a lengthy wait of up to four months or more for probate to be granted. The backlog, a long-lasting result of the challenges created by the Covid pandemic, currently stands at around 40,000 applications, and shows no signs of improving, leaving many families uncertain of when or how they can find a resolution. What problems are caused by Probate delays? Delays in settling an estate can have serious financial consequences for beneficiaries. Here are some important things to consider: If Inheritance Tax is owed, the first payment must be made within the first six months after the death. HMRC will not issue a receipt to the Probate Registry until payment is received - https://www.gov.uk/inheritance-tax After six months, HMRC applies interest to any remaining balance - https://www.gov.uk/government/publications/rates-and-allowances-inheritance-tax-thresholds-and-interest-rates Properties with monthly service charges can incur additional costs due to delays. Vacant properties may require special insurance coverage. Waiting for probate to be granted can prolong the process of selling a property, potentially discouraging buyers. Having a current Will in place should help to ensure a smoother and more efficient probate process. How can these problems be solved? HMCTS is actively exploring various methods to enhance the efficiency and speed of its service. This includes a focus on improving IT systems and reducing paper applications. Digital applications, on average, are processed in less than half the time it takes to process paper applications.  However, irrespective of the application method chosen, gaining a Grant of Probate will always involve a significant amount of legal, tax, and administrative work, which can be time-consuming, and complex by its very nature. As such it is always wise to enlist the support of a probate specialist should you want to minimise the risk of complications causing a stoppage or compounding the existing processing delays. Call us today for a free no obligation chat.
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