Do I need help with Probate? – Supporting a client through the probate process

Do I need help with Probate? – Supporting a client through the probate process

The enquiry

When our client came to us, her mother had recently passed away.
She needed legal assistance to navigate the probate process which she was finding overwhelming and unfamiliar, having never gone through probate before.
She wanted help with the responsibilities of managing her late mother’s modest estate and reassurance around the process being followed legally, in a timely fashion and with any complications being resolved.

Our approach

How we investigated the estates value

The first critical step involved thoroughly investigating the value of the estate. This included compiling and reviewing all assets left by the deceased, such as real estate, bank accounts, personal property, and investments. The estate’s value had to be carefully calculated to determine the necessary steps in applying for probate.

We worked closely with appraisers, accountants, and other professionals to get an accurate picture of the estate’s worth, including addressing any potential liabilities, such as outstanding debts or taxes. This ensured that the probate application reflected a true and fair value of the estate.

The importance of drafting tax forms correctly

With the estate value confirmed, we could then draft the necessary tax forms. This included preparing and filing the Inheritance Tax Return and other relevant documentation, ensuring that the deceased’s estate met all tax obligations.
Due to the intricacies of inheritance laws, the correct submission of these forms was vital to avoid delays and penalties.

Applying for Probate

Once the value of the estate was established and tax matters addressed, we then helped our client to apply for Probate. This legal process involved the submission of the will, a petition for the grant of probate, and all supporting documentation to the court. The application process was as smooth as we expected it to be, with our team having undertaken comprehensive preparation.

Challenges

Challenges in valuing personal assets

While the estate was not extensive, some personal assets required professional appraisals to accurately determine their value.
Our client expressed concern about disagreements over the valuation of her mother’s personal property, such as antiques, jewellery, and collectibles. She feared that family members might dispute the value of these items, causing tension and delay in the distribution of assets.

We coordinated with specialists who provided independent valuations of the personal items. By working with trusted appraisers, the firm was able to resolve the valuation issue without further complications or delays.

Tax liabilities and deadlines

Our client was worried about the inheritance tax liabilities that could arise from the estate. She was unsure about her responsibilities regarding tax payments and feared missing important deadlines, which could result in penalties or delays.
The client had not been fully aware of these deadlines, and time was of the essence to avoid penalties.

Our probate team ensured that all necessary filings were completed promptly and accurately, and that the client understood her obligations in meeting tax deadlines. We worked with the client to establish a payment plan for any tax liabilities that arose, ensuring compliance and reducing any financial strain on the estate.

Result

Through thorough investigation, clear communication, and expert legal counsel, Bridger’s Law successfully guided our client professionally and compassionately through the probate process, giving timelines and meeting them.
By ensuring the value of the estate was accurate, tax forms were correctly filed, and probate was efficiently applied for, we provided the client with peace of mind during a difficult time.
The grant of probate was issued without significant delay, and all tax and legal requirements were met on time. The estate was administered according to the wishes of the deceased, and the client was able to focus on the emotional aspects of her loss, rather than the legal complexities of managing the estate.

If you have any questions regarding wills, probate and lasting powers of attorney then please contact us.