What is ‘Probate’? Well, it’s actually two different but related things;
1 the legal process of administering the estate of a person who has died, and
2 the document that recognises the authority of properly appointed executors to deal with the assets in a person’s estate.

As a process, winding up an estate can be very complex and seem an unbearable burden at a time of grief. Lowe and Co are specialists in this area. We can ease the burden by providing an objective, compassionate person to guide you through the procedures necessary to resolve the affairs of the deceased. We can work alone or in conjunction with the executors or, if there is no Will, the family member tasked to sort things out.

Executors must comply with strict obligations and if they get it wrong, they may face financial penalties. We can help the executors comply with their responsibilities, thereby avoiding the financial penalties.

If there is no Will, we can help the relevant family member(s) to get to grips with the complexities of the intestacy rules. These are the rules which dictate how the deceased’s estate will be divided and who may benefit. The order of entitlement is totally inflexible; the rules were written over 80 years ago and they are based on an arcane model of a “traditional” Will. Friends or favourite charities cannot benefit because they do not come within the definition of “traditional family”. Who gets what depends on whether or not there is a surviving spouse and/or children.

Did you know, for example, that If someone is divorced with young children and they don’t have a valid will, it is their ex-spouse who will administer the estate on behalf of the children. They have to select someone to work with them but its their choice, not the deceased’s and it could be their new partner!