Losing a loved one is an incredibly difficult time. It can be made more stressful if you are the person responsible for making funeral arrangements, organising the property and legal affairs of the relative who has passed away.
Whether you need a Solicitor to fully deal with all aspect of someone’s estate from start to finish, require some assistance with obtaining probate so that you can manage the process yourself or need to speak to someone to ask a few questions or clarify points – it can be difficult to know where to turn. Especially when you are grieving, and your mind is elsewhere.
Here are a few considerations when choosing a solicitor to deal with probate / winding up an estate:
1. Did the deceased have a Will?
This is really key to find out early on. If you find that they did make a valid Will with a firm of Solicitors, then you may wish to remain with that same firm – however, often people have moved around since making their Will, or you may have your own local Solicitors that you would prefer to use. You do not have to use the same Solicitor that wrote the Will. If they made a Will with a Will Writer or company that doesn’t offer probate services, then you will need to instruct a Solicitor.
2. Choose Someone Local
You may find it easier logistically to use a firm of Solicitors who are local to you or whoever is responsible as an executor of the estate. There will be a fair amount of paperwork to contend with, including original documents and ID requirements that can be more practical to carry out face-to-face. Dealing with the loss of a family member or partner is such a personal and upsetting time, so it can help to have meetings in person, rather than dealing with things over the phone and email. It just makes the experience a little more personable.
3. Do Your Research
We are spoiled for choice nowadays with many products and services. Take some time to look up Solicitors, check their websites and read reviews from real clients to see what they say about the firm’s service. Google Reviews is a great starting point.
4. Choose Someone You Feel Comfortable With
This is an emotionally difficult time, and it is important to feel supported at all angles. Whilst your Solicitor cannot offer you emotional support, it helps to be working with someone who is empathetic, kind and understanding of your situation.
5. Choose a Specialist
Estates can be complex – especially if there are properties, Trusts, pensions, investments or complicated family structures involved. It is important to choose a Solicitor that specialises in Private Client or Wills and Probate work. Many law firms will have a specialist department dedicated to this area of the law. Choosing a specialist will help to avoid running into any difficulties or needing to get additional advice at an extra cost.
6. Are They Regulated?
Estate Administration in England and Wales is not a reserved legal activity, which, surprisingly, means that firms can offer these services regardless of whether they are insured, experienced or qualified to provide the advice. Not many people would choose to get their haircut by someone who didn’t have a qualification or give their car to a garage that didn’t have any insurance in place – yet businesses continue to offer services to people going through a difficult time! Check that the firm you are instructing are regulated by the Solicitors Regulation Authority (SRA).
7. Do They Hold Additional Accreditations
Arranging the legal affairs of someone who has passed away and dealing with grieving family members requires personal skills and understanding. There are additional qualifications, memberships and accreditations that Solicitors can obtain to give them a better understanding and skillset to deal with these situations. Some could include; Solicitors for the Elderly (SFE), Dementia Friends and STEP (Solicitors of Trust and Estate Practitioners). If you are instructed a Solicitor who holds these accolades, then you know that they are well versed to manage your affairs with kindness and dignity.
8. Full Service Offered
When winding up an estate, there are often other aspects to deal with – for example, selling a property, managing any disputes or amending / putting in place Wills and LPAs for other family members. Instructing a law firm that also offers these other services can help you to keep everything under one roof. It also avoids having to duplicate paperwork, repeat yourself or remember which firm is dealing with which aspect.
9. Are They Priced Fairly?
Cost is an important aspect when making a decision about instructing a Solicitor. You want to be sure that you are getting value for money, even if the fees are coming out of the estate of the loved one who has died, and not out of your own pocket. Check that costs are transparent and include any added extras or disbursements. If you are obtaining quotes from various firms, then check that you are comparing like for like – some firms will not be so forthcoming with hidden costs.
10. Recommendations From Friends and Family
A glowing recommendation from someone who has used the services of a Solicitor recently can be a good indicator that you are making the best choice. People are often happy to make recommendations or advise you on who to steer clear of if they have had a bad experience.
Probate Services in Basingstoke, Hampshire
Our specialist Wills and Probate Solicitors help families across the South of England to navigate the administration and the sometimes-stressful process of probate when someone has died.
They offer a compassionate, personal service, backed by years of experience and expertise.
If you need some assistance dealing with the Will or winding up of a loved one’s affairs, then please get in touch so that we can offer our advice. Call us on 01256 844888, email enquiries@lambbrooks.com or speak to our online chat assistant (who is a real person, live on our website) at any time.
We also deal with families or individuals who are in a dispute regarding the Will or inheritance of a loved one who has passed away. If there are questionable circumstances around changes to a Will, upset about someone being unfairly left out of a Will, a conflict about how the estate is being managed by executors or complicated family relationships have caused the probate to come to a halt – please contact us to find a way forward.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.