Probate
Area of Law
Probate
At MD Law, we specialise in probate matters and are able to offer this service from straightforward cases to more complex matters. We do not act in contentious probate issues, and should the matter become contentious, we are able to recommend you to another law firm that specialises in this field.
Our approach that we first meet with our clients at this sensitive time and discuss the ways forward. Clients often feel overwhelmed during this process, which is understandable as losing someone is never easy; we are here to offer a legal service whilst being as compassionate as possible in the advice that we provide. It is also important that clients provide us with their clear instructions so we can provide them with the best service possible.
Our Expertise:
We have many years’ experience acting for Executors and Personal Representatives.
When a person dies, quite often, their loved ones are required to obtain Probate.
The laws surrounding probate can be complex, and as such, we have experience dealing with complicated estates, which can involve tracing beneficiaries, including tracing people around the world, instructing forensics when necessary to establish DNA, varying estates post-death, which include acting in intestate estate’s (when there is no Will left).
We also deal with straightforward estates.
Probates often have accounting records that need to be submitted to HMRC. We can assist with completion of various forms and instruct/delegate this work to third parties such as accountants or counsel.
Our Approach:
Our approach is friendly and empathetic, in circumstances often described as sad and emotional for loved ones.
We are here to listen and advise in the most cost-efficient and practical way.
MD Law no longer offers services in residential property matters; however, Helen Dickie has over 20 years of property background and knowledge and is able to service property matters, which can include probate sales at another South Wales law firm. This conveyancing is dealt with under a different agreement between that law firm and you as the client.
Please contact Helen to discuss this in further detail. Clients continue to instruct Helen under her separate consultancy position at another law firm, as clients are found to like the reassurance of Helen being able to continue to work for her outside of MD Law and given Helen’s skill set in that regard is a service very much valued by clients.
Contact Us Today:
If you are dealing with a probate matter, please contact MD Law in Cardiff today to schedule a consultation with Helen Dickie.
We are here to listen to your concerns, answer your questions, and guide you through the process.
Get in touch to make an appointment and let us help you navigate this important aspect of estate administration.
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Probate
Frequently asked questions
We understand that probate can be a complex and often emotional process. We’ve compiled some frequently asked questions below to provide you with general information. However, every situation is unique, and your specific circumstances may require tailored legal advice. If you have a question that isn’t covered here, or if you’d like to discuss your situation in more detail, please don’t hesitate to contact us. We’re here to help.
Who do I need to notify when someone dies?
When someone dies their close family and or friends will usually register the death with the ‘tell us once’ government service. This will send a notification to government agencies such as the Department for Work and Pensions, that the person has passed away. This can be very helpful and a quick way of letting important agencies know the person has died.
Who is responsible for obtaining probate for my loved one?
If the deceased has made a Will, it will be the Executors appointed in the Will, who will make an application to the Probate Registry for a Grant of Probate.
What if the person who has died did not make a Will?
The person who has died is said to have died intestate.
Why do you need a Grant of Probate or Letters of Administration?
A Grant of Probate (or LoA) is needed for organisations to release the deceased person’s assets, such as a bank and/or building society.
If I am an Executor or Personal Representative, can I sell the property of the person who has died?
Yes, but you will need to wait for the Grant of Probate to be issued by the Probate Registry.
Do I need to instruct a Solicitor?
No, you do not, but it is recommended. The probate process can be complex, and it is advisable to seek legal advice.
What happens if the person who has died has not left a Will?
Not everyone who dies has a Will, if that is the case a person is said to have died intestate. There are strict rules set out by law, which dictate who can make an application to the Probate Registry for Letters of Administration (the equivalent of the Grant of Probate).
How long does it take for the probate process to take place?
It can take between six months and two years typically, but again this does depend on the individual set of circumstances of the person who has died.
How much does it cost to instruct a Solicitor?
Prices can vary depending upon the complexity of the issues and is usually charged by the firm, on an hourly rate basis, so please see our price transparency page for further information on our pricing.
How do I find out if the person who has died has made a Will?
You can make a start by contacting friends and family and any professionals known to the person who has died for example contacting their solicitor (if they have one). Failing this you should place a notification in the local paper, contact solicitors within the vicinity where the person who has died lived and place an advertisement in the London Gazette/Law Society Gazette.