A Nightmare on Probate Street

Losing a loved one can be extremely difficult at the best of times, but when it comes to probate, certain situations mean it can turn into a prolonged, costly, and emotionally draining ordeal. From unexpected claims to poorly drafted wills, probate can sometimes become a true horror story. Below are a few unfortunate situations that could arise during the probate process.

Probate Delays

Over the last few years, probate delays have been a common problem. Whilst the delays at the Probate Registry appear to be reducing, in very unfortunate cases the process can still drag on, causing significant financial and emotional stress. In scenarios where the deceased has a complicated estate, with properties spread across the UK and abroad, and multiple debts owed to various creditors, this can lead to the whole process taking far longer than expected, simply due to the varying companies you will need to deal with.

During this time, properties may fall into disrepair, beneficiaries may become impatient, and it generally becomes increasingly more difficult for family to manage the estate. By the time the process is complete, those involved are likely to be exhausted.

Unexpected Inheritance Claims

Another difficult scenario arises when a long-lost or previously unknown relative suddenly appears to claim part of an estate. This can be the case with or without a valid will. Whether it’s expected or not, for the family members involved it can be a very stressful experience.

Should a claim proceed, the ensuing legal proceedings could drain significant sums from the estate, leaving other beneficiaries both disappointed and frustrated. Considering possible claims at the point of drafting the will is crucial.

DIY Wills

Many people in the UK opt for DIY wills, assuming they can save money and avoid solicitor’s fees. However, a poorly drafted will can have catastrophic consequences.

In particular, ambiguity in a will can lead to possible claims against the estate. In such situations, the court may have to step in to interpret the will, leading to a lengthy and expensive legal process. By the time the matter is resolved, family relationships could be permanently damaged, and legal costs may have significantly reduced the size of the estate.

These examples illustrate just how complex and unpredictable the process can be. Whatever the reason, probate can turn from a straightforward process into a financial and emotional disaster. While probate horror stories may be the exception rather than the rule, the consequences when things go wrong can be devastating. Proper planning and legal advice can save families from years of heartache, financial loss, and division.

If you would like to discuss Probate or Estate Planning and how we may be able to help, please do not hesitate to contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.

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