Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Probate law in Wakefield, like the rest of the UK, refers to the legal process of managing the estate of a deceased person. An estate can include property, finances, and other assets. The process often involves validating a will, settling debts, paying taxes and distributing the remaining assets as per the will or the law if there's no will (Intestacy).
Although it's not mandatory to hire a lawyer, probate can be a complex and long process, especially if the estate is large, there are disputes among heirs, or the deceased person’s tax situation is complex. Furthermore, upon a person's death, it can be difficult for family members to deal with legal processes while they're grieving. A probate lawyer can ensure that the process is handled correctly and efficiently, minimising the stress for those involved.
The law in Wakefield follows the standard UK probate law. When somebody dies, their estate is distributed according to their will. If there is no will, the Rules of Intestacy apply, which prioritise spouses, civil partners, and children. If there’s a dispute about the estate, it may be referred to the Chancery Division of the High Court.
If the deceased person didn't leave a will, the estate will be distributed according to the Rules of Intestacy. A close relative can apply for a "grant of letters of administration", which is similar to the grant of probate, to administer the estate.
The length of the probate process can vary depending on the complexity of the estate. On average, it can take between 6 to 12 months, but it could take longer if there are disputes or complications.
Probate may not be needed if the person who died owned shared assets or if their assets don't include land, property, or shares.
There is no set limit – it all depends on the institution holding the money. Some banks will release up to £50,000 without a grant, but others demand one for any amount.
As a rule, there's no inheritance tax to pay if the value of the estate is below the £325,000 threshold, or if everything is left to a spouse, civil partner or a charity.
The UK government's website provides a wealth of information on probate, including how to apply for it and pay Inheritance Tax. The Citizens Advice Bureau can also offer guidance and support, while the Law Society can help you find a solicitor if you decide you need legal help with the probate process.
If you're dealing with probate, consider whether hiring a probate lawyer would be beneficial. If you decide that it's the right move, you can find a solicitor specialising in probate law through The Law Society. It's important to ensure you have all the necessary documentation and details about the estate in question to assist with the process.
