When a loved one dies, there are a number of steps that need to be taken in order to ensure that the estate is distributed fairly. When the deceased leaves a will, it makes the distribution easier, unless it is contested. If there is no will present, more probate disputes tend to arise. No matter the circumstances, a grant of probate must be issued in order for the will and estate to be released. In order to settle any disputes fairly and lawfully, you may require the assistance of a will disputes solicitor.
Here at Van Eaton Solicitors in Streatham, we deal with a range of probate and estate administration disputes in London; helping clients get the result they need as efficiently as possible. We understand how upsetting probate disputes can be. Therefore, we handle all of our cases with the utmost empathy and care. Read our latest article below to see how long it takes for a grant of probate to be released.
What is Probate?
When a loved one dies, you need a grant of probate in order to distribute the contents of their estate. It is usually granted to the next of kin, such as their spouse or child. Once the grant or letters of administration have been granted, the next of kin can start distributing the will. If a will or probate dispute arises, such as a relevant party challenging the validity of the will or believing undue influence occurred. They may apply to stop a grant of probate, and they then have six months to gather their evidence.
It usually takes around three to six months for a grant of probate to be issued; provided there are no disputes or complications. However, this all depends on the size of the estate, and whether disputes occur. You can read more about probate here. If you find yourself involved in a will dispute, our probate solicitors in London can help you acquire any evidence you need to successfully make your claim; whether you’re looking to stop probate or you would like it granted.
Probate With and Without a Will
Whether the deceased left a will or not, the time it takes to acquire a grant probate is usually around the same time. When someone leaves a will, it’s easier to determine who the beneficiaries are and who the estate should be distributed to. Executors are usually named by the deceased; they’re usually people they trust who can distribute the contents of the will effectively. Therefore, executors must be the ones who apply for the grant of probate.
If the deceased didn’t leave a will, this can still be a straightforward process if no one has grounds for contesting the will under the Inheritance (Provision for Families and Dependants) Act 1975 and the next of kin is clearly established. If you require the help of a will disputes solicitor, our legal team here at Van Eaton Solicitors in Streatham can help you get the outcome you require by implementing effective dispute resolution.
Why Does it Take So Long?
Sometimes, obtaining a grant of probate isn’t always straightforward. Factors such as paying inheritance tax and problems with the will can cause significant delays to the grant of probate being issued. If the will is poorly drafted, invalid or incomplete, then family members may disagree on who is entitled to what. There are other less common reasons why it may be delayed; such as missing beneficiaries and the death of an executor.
Here at Van Eaton solicitors; we can help you obtain your grant of probate and help you deal with any probate disputes that may occur. If you’re looking for a reputable and professional will disputes solicitor, our team can help implement successful mediation and alternative dispute resolution to help you get the result you desire as effectively as possible. To book a consultation with us, please fill out our online form here.
Van Eaton solicitors, Streatham