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Our experts are here to help individuals and families navigate the legal process when somebody passes away, including assisting them through the application for probate.
We also have specialists who can support those wishing to challenge a will or make a claim against an estate. We appreciate that anyone contacting us might be going through a difficult time and so we assure you of a supportive, compassionate, and friendly service.
Probate is the official process for proving a person’s Will after they have died. It also refers to the legal process of dealing with a person’s assets and liabilities (known as their estate) after their death, and includes cases where there is no Will, or the Will is not valid.
A Will appoints executors, and it is those executors that are responsible for dealing with all aspects of the estate administration. If there is no Will, or the Will is not valid, those responsible are known as administrators and statute dictates who can apply for this role.
An executor’s responsibilities can be wide ranging and complex, such as registering the death, arranging the funeral, declaring the value of the estate, paying any taxes that fall due, applying for probate, selling and encashing the assets, and discharging any debts. The final task being to distribute the estate to the beneficiaries.
At Fosters Solicitors, we routinely support executors and administrators with their responsibilities. We offer a bespoke service tailored to suit your individual needs and appreciate that every estate is different.
We usually begin by offering an initial advice appointment to go through what is involved. From there, it is your choice to decide whether you would like our help with the estate administration and to what extent. You may simply wish to instruct us to apply for probate, or you may prefer for us to manage the entire estate administration and then update you as we go. This could extend to taking care of any unoccupied property – including insuring it, sorting through paperwork, clearing the property, and instructing estate agents to value and then sell it. These additional services may be particularly helpful if you are closely connected to the person who has died and do not feel able to be so involved, or if you are not local.
We appreciate that anyone contacting us might be going through a difficult time and so we assure you of a supportive, compassionate, and friendly service.
In some circumstances when somebody passes away, problems can arise over the proper administration of the deceased person’s estate.
Our specialist team is here to help you bring or defend a claim against an estate or a co-executor. Whether you are a personal representative or a beneficiary, or perhaps someone eligible who has been overlooked entirely by the deceased person – we are here to offer expert advice about your situation and to find a solution that works for you.
We can assist with all type of dispute that can arise upon death:
We will listen to you and work out what you want to achieve. We aim to deliver your objective in a way you understand, one that offers value for money and that will allow you to move on.
Our litigation specialists are experienced in helping those who wish to challenge the validity of a Will. Perhaps you have been left out of a Will, or haven’t been left what you were expecting, or you believe there is something wrong with the Will or the way it has been administered.
Our aim is to give you the perspective you need to make informed decisions about how to move forward. We are happy to have an initial phone discussion, without obligation on you, to ascertain how best we can assist. We offer initial consultations to new clients at reduced rates, providing face-to-face or virtual meeting advice, followed up in writing.
Our specialist team at Fosters Solicitors is here to help you bring or defend a claim brought under the Inheritance (Provision for Family & Dependents) Act 1975. When someone dies, certain categories of person connected to the deceased can apply to the court on the basis a Will (or intestacy if there is no Will) does not make reasonable financial provision for that claimant. There are time limits in which to bring claims, so delay can be perilous.
At Fosters Solicitors, we routinely help family members and other dependents to seek reasonable financial provision in circumstances in which they have been overlooked. We also act for those having to defend this type of claim, such as beneficiaries that would be affected by a variation to the provisions in a Will, and personal representatives with responsibility for administering estates according to the law.
Our experienced and skilled litigators, recognised in this field, will support and guide you through the dispute resolution process in a professional manner. We focus on resolving disputes quickly and proportionately without the need to resort to the expense of litigation if it can be avoided. If a court ordered remedy is the only realistic solution, we will ensure you get the advice and assistance you need.
We aim to give you the perspective you need to make informed decisions about how to move forward. We are happy to have an initial phone discussion, without obligation on you, to ascertain how best we can assist. We offer initial consultations to new clients at reduced rates, providing face-to-face or virtual meeting advice, followed up in writing.
Our Wills, Trusts & Probate team are friendly, approachable, highly qualified and very experienced – and are here to help you plan for you and your loved ones futures.
We appreciate that you may need help with complex legal issues, often at a difficult and emotional time. Our aim is to help you through these times by offering services, such as writing a Will, advising you in acting as an executor, making a Lasting Power of Attorney, or applying for a Deputyship Order.
In the event that you wish to challenge a Will, or make a claim against an estate, our Litigation & Dispute Resolution team is here to help.
Our Partner, Chris Fielding is a full member of the Association of Contentious Trusts and Probate Specialists (ACTAPS), who are the principal organisation dedicated to promoting expertise in this niche area. Chris specialises in this complex field of law, regularly supporting clients wishing to bring or defend claims. He is recommended in The Legal 500 UK as “empathetic and forensic in his analysis”.
The firm was delighted to be named Best Regional Probate Law Firm in The Probate Industry Awards 2024 and be recognised in three categories at the 2024 Modern Law Private Client Awards.
Our Wills, Trusts & Probate services are listed in The Legal 500 UK – with several colleagues recommended, and head of department Lisa Glynne recognised as a Leading Individual.
Our Wills, Trusts & Probate team is comprised of highly experienced professionals committed to delivering exceptional legal services tailored to your personal and estate planning needs. With deep expertise in drafting wills, establishing trusts, and managing probate matters, our team is well-equipped to guide you through every aspect of estate planning and administration with care and precision.
