Why do you need to hire a Probate Lawyer?

In a sad time of death of a loved one, it is naturally very stressful and difficult to understand what you should do about the estate that he or she left behind. You will need to engage a competent lawyer to assist you in obtaining the Grant of Probate or Letter of Administration.

Grant of Probate or Letter of Administration is a court document that gives you the authority to access the deceased’s assets and administer the assets accordingly.

Engaging a good probate lawyer makes your probate process smoother, quicker and without delays. It is crucial to pick a good probate lawyer that specialises in the area of probate.

Here is the top 3 reasons to engage a probate specialist lawyer:

Quick and Efficient

When your loved one passed away, you will not be able to gain access to his or her assets unless you have a Grant of Probate or Letter of Administration. All of your loved one’s assets will be frozen (other than those of bank joint accounts in which your name is one of the signatories). The main reason to apply for a Grant of Probate or Letter of Administration is that some organizations that hold the assets of the deceased title to the assets do not transfer them to the executor. Hence, you need the said Grant of Probate or Letter of Administration as a form of authority from the court.

With the right probate lawyer, you can obtain the said Grant of Probate or Letter of Administration quicker and more efficiently as the lawyer will be able to provide the court with the right information and documents for the probate application. The probate process takes approximately 4 to 6 weeks or sometimes longer if the court requires further documentation or in some cases, it may take significantly longer in the event of a contested application.

Clarity and Transparency

When your loved one left behind substantial assets, there are risks of other family members competing to obtain the said assets or they may challenge the inheritance. Without a probate lawyer, there can be risks of family conflicts. Many interested parties (other family members) may want to be a part of the process, which adds to the conflict and confusion.

A probate lawyer will be able to provide you with the appropriate legal advice and assistance to inform you on the process of probate application with clarity and transparency to eliminate the potential conflict and reduces the chances that someone alleging you for not properly handling the estate of the deceased.  

Prevent Rejection from Court

When you make a probate application in Court, the Court will require proper submission of the legal documents. These documents can be complicated and confusing to some. You should get specialised probate lawyer to assist you in compiling all the required legal documents including filling up all the necessary probate forms. If the documents and forms are not properly prepared and submitted in court according to the court’s timeline, the court may reject your application and this will cause unnecessary delay in obtaining the probate. This is where a probate lawyer comes in. Specialised probate lawyer not only they know the process of the probate application, but they have knowledge of the probate law. Engaging a probate lawyer takes away the guesswork and potential errors, and makes the whole process much faster. With the assistance of a lawyer, you can rest assured that the risk of rejection is significantly minimised and all the beneficiaries can receive their assets or inheritance in a timely manner.

Should you engage a Probate Lawyer?

Just because you can handle the task of getting the probate on your own does not mean that you should.

A lawyer can help you with the process to move forward faster and smoother. Instead of running into unnecessary delays and roadblocks, you will have the professional legal assistance that you need.

Have a Question?

If you need further advice, speak to one of our lawyers at Tan Leroy & Associates. Click here to contact us.

Provided by: Tan Leroy & Associates
Contributed by: Mario Khoe

Disclaimer: The Information provided on this website does not, and is not intended to, constitute legal advice. All Information, content and materials available on this site are for general information purpose only, and to enable you to learn more about our firm, our services, and our lawyers. The information on this website may have changed since publication. Readers of this website should consult with a lawyer to obtain advice with respect to any legal matter.

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