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Frequently Asked Questions

What are the main differences between a will and probate?

A will is a legal document that outlines how you want your assets distributed after death. Probate is the legal process of administering a deceased person’s estate, including validating the will, paying debts, and distributing assets. Wills are created during life, while probate occurs after death.

How long does the probate process typically take?

The probate process duration varies depending on the complexity of the estate and any disputes. On average, it can take 6-12 months for straightforward cases. More complex estates or contested wills may take longer, sometimes up to 2 years or more.

What happens if someone dies without a will?

When someone dies without a valid will, they are said to have died “intestate.” In these cases, the distribution of assets is governed by intestacy laws, which vary by jurisdiction. Generally, assets are distributed to close family members according to a predetermined hierarchy.

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Can a will be challenged, and on what grounds?

Yes, a will can be challenged. Common grounds include lack of testamentary capacity, undue influence, fraud, improper execution, and forgery. Challenging a will can be a complex legal process, often requiring expert legal advice and representation.

What are the responsibilities of an executor?

An executor is responsible for managing the deceased’s estate, including gathering assets, paying debts and taxes, and distributing assets according to the will. They must also obtain probate if required, keep accurate records, and act in the best interests of the beneficiaries.

How can I ensure my business is properly addressed in my will?

To address your business in your will, consider succession planning, valuation, and tax implications. Specify how ownership should be transferred or if the business should be sold. Consult with both a business advisor and a wills and probate solicitor for comprehensive guidance.

Need expert legal guidance on wills and probate? Contact us to connect with a solicitor tailored to your specific needs, whether personal or business-related.