What do trust and probate solicitors do?


Probate law refers to the process of administering and distributing a person’s estate following their death. Trust law refers to the creation and administration of trusts – vehicles for wealth distribution – for the beneficiaries of the trust. Trust and probate work are often closely linked because some people set up trust instruments connected to the dispositions in their will. When that person dies, problems may arise in the administration of the trust, or in the administration of probate. For such complex estates, which are frequently high-value estates, it is important to entrust reputable, specialised trust and probate solicitors with the management of the estate. Trust and probate can thus also be broadly linked into estate planning law.

Probate issues may include invalid or contested wills, interpretation of wills, improper execution of wills, the erroneous distribution of an estate, disputes between beneficiaries, and Inheritance Act claims, amongst other issues. Often people will choose to engage a trust and probate solicitor to apply for probate and administer the estate on their behalf, so as to minimise the difficulties involved and to address problems that inevitably arise in all but the simplest estates. This is particularly so where trusts are also involved.

Trust law is a particularly complex area of law, with a multitude of types of trusts, structures of administration of trusts and complex rules governing the administration of trusts and taxation. It is essential to always have a specialist solicitor create a trust, as the legal documentation setting up a trust is very complex and errors can be fatal to the trust and the interests of intended beneficiaries. Disputes surrounding trusts are also very sensitive; for example, beneficiaries of a trust may be unhappy with the investment decisions of the trustees, or may find the trustees of their trust abusing their position as trustee.

If you would like to obtain legal advice on trust and probate issues, Caven can put you in touch with a local specialist trust and probate solicitor free of charge. So, if you have any questions or would like our help in finding local trust and probate solicitors please call us on 08001 221 2299 or complete the web-form above.

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