- 17th October 2023
- Posted by: Quartz Barristers
- Category: News, Probate
What is probate, and why might you need a probate barrister?
Probate is the legal process of administering the estate of a deceased person, ensuring that their assets are distributed according to their will or, if there is no will, according to the applicable laws of intestacy.
A barrister can play a crucial role in supporting a probate case by providing legal expertise and representation. Here are ways a barrister can support a probate case:
Interpretation of Wills: A barrister can assist in interpreting the language of the will to ensure a clear understanding of the deceased person’s intentions.
Intestacy Rules: If there is no will, the barrister can provide advice on how the deceased person’s estate will be distributed according to the intestacy rules.
Challenges to the Will: If there are disputes or challenges to the validity of the will, a barrister can provide representation in court.
Claims by Disappointed Beneficiaries: If a potential beneficiary is dissatisfied with their share or has been excluded, a barrister can represent their interests.
High Court Proceedings: In more complex cases or when disputes arise, a barrister can represent the estate or interested parties in the High Court.
Probate Disputes: A barrister can present arguments and evidence in court to resolve disputes related to the distribution of assets or the interpretation of the will.
Mediation and Alternative Dispute Resolution (ADR)
Negotiation and Mediation: A barrister can assist in negotiating settlements or represent clients in mediation to resolve disputes outside of court, which can be a faster and less costly alternative.
Advising Executors and Administrators
Legal Responsibilities: A barrister can advise executors and administrators on their legal responsibilities and guide them through the probate process.
Liabilities and Risks: If there are potential liabilities or risks associated with the estate, a barrister can guide how to address them.
Drafting Legal Documents
Legal Submissions: Barristers can draft legal submissions and documents required for court proceedings.
Dispute Resolution Agreements: If a settlement is reached, a barrister can assist in drafting legally binding agreements to formalize the resolution.
Appealing Decisions: If there is dissatisfaction with a court decision, a barrister can advise on the feasibility of an appeal and represent the party in the appellate process.
It’s important to note that the involvement of a barrister in a probate case may depend on the complexity of the matter and the presence of disputes. In less contentious cases, a solicitor may handle the probate process, while a probate barrister may be engaged for specific legal representation when needed.
Why might you need a barrister to support probate proceedings?
Claire Litchfield – We can never thank you enough for all that you have done, you were amazing at court today; you have been a great blessing to us. Thank you.