Why Hire a Solicitor to Help You Through the Probate Process?

By Nicholas Marouchak

17 November 2020 - 1 min read

why hire a probate lawyer

The death of a loved one is an obviously difficult and emotional time. Finalising the affairs and distributing the assets of someone who has passed away will often add to this difficulty, and can be confusing and inconvenient when you and your family have lost someone.

Hiring a solicitor to assist you with Probate can help ease some of the burden.

What is Probate?

When a person has died with a valid will, the executor/s of the will need to apply to the Supreme Court (the Court) for the will to be declared valid. Once this is done, the assets of the deceased may be distributed according to what is written in the will. This process is called applying for Probate.

Why hire a solicitor?

Whilst applying for Probate can be quite routine and straightforward for a solicitor who specialises in Deceased Estates, it can be difficult for the layperson, especially if they have recently suffered the loss of a loved one.

There are a number of forms that need to be completed correctly as well as witnessed and signed by an ‘authorised witness’. If for whatever reason there is an issue with your forms, the Court will issue a ‘requisition’, meaning they require changes or more information. This results in delay, and complicates the process even further.

There are also rules executors need to follow when distributing an estate. If these rules are not followed, the executor may face penalties, and may also be liable to the beneficiaries.

By hiring a solicitor, you are able to avoid most of these problems. You’ll obtain a grant of Probate faster, and will be able to focus on more important things, like taking care of your family. You can also rest easy knowing you have received the best advice, and will not be liable for any damages for improper management of the assets.

Have you been appointed as an Executor of a Will? Get started today by applying for Probate with Estates Plus.