frequently_asked_questions_ralph_law_solicitors_newquay_cornwall

How long will it take to get a Grant of Probate?

The process can take time, depending on the assets involved, but typically you should be able to apply for a Grant of Probate within three months of the date of death. The application will be processed by the District Probate Registry and typically you can expect the Probate Registry to issue the Grant within two to four weeks of the date of the application.

How much does getting Probate cost?

It is difficult to be precise because it depends on the content of the will, the type of assets comprised in the estate, the amount of time taken and correspondence generated, and whether there are any complicating factors. We will give you an estimate of the likely overall cost at the start of the process, and will tell you if the process becomes more complicated than was first anticipated. As a rough guide you will be advised to budget for typical costs at 1.5 % of the gross value of the estate (before inheritance tax has been paid) to obtain a Grant of Probate, plus a similar amount for the costs of dealing with and completing the administration.

What is probate?

When a person dies somebody has to deal with their estate (money property and possessions left) by collecting in all the money, paying any debts and distributing what is left to those people entitled to it. Probate is the court’s authority; given to a person or persons to validate their entitlement to administer a deceased person’s estate. The document issued by the Probate Service is called a Grant of Probate (or, if there is no Will, a Grant of Representation). Unless the overall value of the property is very small (usually less than £15,000) you will have to show the Grant of Probate / Representation to banks, building societies, insurance companies and other financial institutions. This is so they can be sure you are the person entitled to deal with the deceased's assets and affairs.

Does a solicitor need to prepare my will?

You can write a Will yourself but it is a good idea to take professional advice. Your Will is extremely important and professional advice ensures that your Will complies with legal requirements, that your instructions are clear and will be followed after your death, and that you have taken advantage of any tax reliefs available to you. If there are errors or omissions in your will then the consequences can be serious. The Will may not be valid at all, or it may be valid but lead to a different result than you intended, or if the irregularities can be put right this may involve substantial costs.

Do I need a will?

If you do not make a Will, then you will have no say over what happens to your assets after you die. This can cause difficulties for those you care about most. Therefore, everyone should have a Will. This is particularly important if you own property, are married or have entered a civil partnership, have a long-term partner, have children or other dependants, or if you wish to benefit someone who is not a close family member. Making a Will enables you to decide and specify how your assets will be dealt with after your death, giving peace of mind to you and those close to you. If you do not have a will the law will assume who you wish to benefit and by how much according to fixed rules. Those rules are intended to be fair, but more often than not would not reflect your wishes.

What is the cost of legal advice?

There is no "one size fits all" answer as it depends on the complexity of the issue and the task you have set us. Ralph & Co Solicitors charge on an hourly basis but we are able to produce estimates once we understand your situation and the legal action required. Certain areas of law such as Wills and Conveyancing have fixed fees We always review our fee structure to make sure our service is sensibly priced in comparison to other law firms in Cornwall.

How do I know if you can help me?

The best thing to do is to "contact us" to discuss your current situation. If in the unlikely event that we are unable to help you then we will tell you. We only start charging fees once you are satisfied that we can be of service and when you instruct us to go ahead.

Why do I need a solicitor?

Our team of solicitors have decades of experience between them and offer expert legal advice on a wide range of legal matters, which you may have difficulties in resolving yourself. See our "services" page for details on all of the services we offer.

What are restrictive covenants?

Restrictive Covenants are rules that are imposed on land when the vendor wishes to retain an element of control over that land after they have sold it. For example, a property developer selling a new housing estate may require a covenant that allows only a certain number of cars to park outside them, or a covenant restricting the colours that the houses can be painted in.

What is exchange of contracts?

Exchange of Contracts is when the transaction becomes binding. Up until this point there is no legal contract in place, but once you reach this stage - the buyer must pay the deposit (usually around 10% depending on the mortgage amount). Upon the exchange of contracts, the completion date will be decided and once fixed this cannot be changed. This process happens between the solicitors representing the purchaser and vendor, so you do not need to be present.