FAQs OF Probate & Estate Litigation

  • Probate

    Q: What is probate, and when is it required?
    A: Probate is the legal process of administering and distributing the estate of a deceased person according to their will or the laws of intestacy. It is typically required when the deceased person owned assets solely in their name, such as property or significant financial holdings. During probate, the court validates the will (if there is one), ensures the executor’s authority to act, and oversees the proper distribution of assets.

    Q: How can Sky Solicitors assist in the probate process?
    A: Sky Solicitors can provide comprehensive assistance in the probate process. We can guide you through the legal requirements, assist in gathering the necessary documentation, value the assets, pay debts and taxes, prepare the application for Grant of Probate, and ensure the correct distribution of assets to beneficiaries. Our experienced team will navigate the probate process efficiently, providing support and expertise at each stage.

  • Will Disputes

    Q: What are will disputes, and what are common reasons for challenging a will?
    A: Will disputes, also known as contentious probate, arise when there are disagreements or challenges regarding the validity of a will or its terms. Common reasons for challenging a will include allegations of undue influence, lack of testamentary capacity, fraud, improper execution, or claims that the deceased did not make reasonable provision for family members or dependents.

    Q: How can Sky Solicitors assist in resolving will disputes?
    A: Sky Solicitors specializes in resolving will disputes. We have extensive experience in handling complex and sensitive cases. Our team will assess the validity of the will, gather evidence, advise on the available options, and guide you through negotiations, mediation, or litigation. We will work diligently to protect your interests, whether you are contesting a will or defending its validity, aiming to achieve a fair and satisfactory resolution.

  • Inheritance Claims

    Q: What are inheritance claims, and who can make a claim under the Inheritance Act?
    A: Inheritance claims involve applications made under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to claim for reasonable financial provision from an estate. Eligible individuals include spouses, children, dependants, or individuals who were financially maintained by the deceased but were not adequately provided for in the will or under intestacy rules.

    Q: How can Sky Solicitors assist in making an inheritance claim?
    A: Sky Solicitors can assist in making an inheritance claim under the Inheritance Act. Our team will assess your eligibility, evaluate the strength of your claim, and guide you through the legal process. We will provide expert advice, negotiate on your behalf, and represent you in court if necessary, striving to achieve a fair and reasonable financial provision from the estate.

  • Estate Administration

    Q: What does estate administration involve, and how can Sky Solicitors help?
    A: Estate administration encompasses the management and distribution of a deceased person’s assets and liabilities. It involves identifying and valuing assets, paying debts and taxes, obtaining the Grant of Probate (or Letters of Administration), and distributing the estate according to the will or intestacy rules. Sky Solicitors can provide comprehensive assistance in estate administration, ensuring that the process is carried out efficiently, accurately, and in compliance with legal requirements.

    Q: What happens if an estate administration becomes complex or disputed?
    A: If an estate administration becomes complex or disputed, Sky Solicitors can provide the necessary expertise and support. Our experienced team can handle intricate estates, navigate legal complexities, resolve disputes, and mediate between conflicting parties. If litigation becomes necessary, we will represent your interests, seeking a fair resolution while protecting the wishes of the deceased.

  • Executor and Administrator Disputes

    Q: What are executor and administrator disputes, and how can they be resolved?
    A: Executor and administrator disputes arise when there are conflicts or disagreements among individuals appointed to administer an estate. Disputes can include allegations of breach of fiduciary duty, mismanagement of assets, conflicts of interest, failure to account, or disagreements over the interpretation or implementation of the deceased’s wishes. These disputes can be resolved through negotiation, mediation, or, if necessary, court proceedings.

    Q: How can Sky Solicitors assist in resolving executor and administrator disputes?
    A: Sky Solicitors can provide expert guidance and representation in resolving executor and administrator disputes. We will assess the issues, advise on the best course of action, and work towards a resolution through negotiation or mediation. If litigation becomes necessary, our skilled team will advocate for your rights and seek a fair outcome in court, ensuring that the estate administration is carried out properly and in accordance with the law.

  • Trust Disputes

    Q: What are trust disputes, and how can they be resolved?
    A: Trust disputes involve legal issues relating to the administration or distribution of assets held in a trust. Disputes can arise from conflicts among beneficiaries, disputes with trustees, or challenges to the validity of a trust. Trust disputes can be resolved through negotiation, alternative dispute resolution methods, or, if necessary, court proceedings.

    Q: How can Sky Solicitors assist in resolving trust disputes?
    A: Sky Solicitors has extensive experience in resolving trust disputes. Our team can analyze the trust documentation, assess the issues at hand, and provide strategic advice. We will explore avenues for dispute resolution, such as negotiation or mediation, to reach a satisfactory outcome. In cases where litigation is necessary, we will represent your interests in court, seeking a fair and equitable resolution.

  • Intestacy

    Q: What happens if someone dies without leaving a will?
    A: When someone dies without leaving a valid will, the distribution of their estate is governed by the intestacy rules. These rules determine how the estate will be distributed among the deceased’s closest relatives, following a statutory order of priority.

    Q: How can Sky Solicitors assist in navigating intestacy matters?
    A: Sky Solicitors can provide guidance and assistance in navigating intestacy matters. We will advise on the applicable intestacy rules, help identify the rightful beneficiaries, assist in obtaining the Grant of Letters of Administration, and ensure the correct distribution of the estate in accordance with the law. Our team will handle the legal complexities and guide you through the process to achieve a fair and efficient resolution.

  • Estate Taxation

    Q: What is estate taxation, and how can Sky Solicitors help in managing it?
    A: Estate taxation involves the assessment and payment of inheritance tax or other applicable taxes on the value of a deceased person’s estate. Estate taxation laws determine the tax liability on the estate, including inheritance tax, capital gains tax, and other potential taxes that may arise during the administration and distribution of the estate.

    Q: How can Sky Solicitors assist in managing estate taxation?
    A: Sky Solicitors can provide comprehensive assistance in managing estate taxation. Our team will evaluate the estate’s tax obligations, assist in valuing assets, and ensure compliance with inheritance tax and other tax regulations. We will help you navigate complex tax laws, identify potential reliefs or exemptions, and ensure accurate tax calculations and timely payments, minimizing the tax liability on the estate.
    Property and Landlord/Tenant Disputes

DISCLAIMER

The information provided in these FAQs is for general informational purposes only and may not reflect the most current legal standards or interpretations. Laws and regulations regarding leasehold enfranchisement are subject to change, and the specific circumstances of each case can impact its outcome. It is advisable to consult with a professional legal service provider like Sky Solicitors to obtain up-to-date and tailored advice based on your individual situation. Sky Solicitors can assess your case, provide accurate information, and guide you through the leasehold enfranchisement process in accordance with the most current laws and legal provisions.

Note: The FAQs provided are for informational purposes only and should not be considered as legal advice. It’s always recommended to consult with a professional legal service provider like Sky Solicitors for personalized advice related to your specific situation.