Guiding you through the Probate and Estate administration process in difficult times
Expert Probate and Estate Administration Services.
Dealing with the administration of an estate can be complicated at the best of times but when you are having a difficult or stressful time it can be a relief to be able to pass the administration on to an independent professional. Whether there is a Will in place or not, Estate Administration is a necessary process to ensure that the assets of the deceased are distributed according to their wishes, or if no will is in place in accordance with Intestacy Rules.
How can we help?
Our experienced Probate lawyers provide comprehensive support to ensure the process goes smoothly and proceeds as rapidly as possible. We tailor our services to your unique needs, treating every case with care and attention. We understand that this can be a difficult time for families, and we will support you through it.
Key benefits of our service for your peace of mind:
- Professional background and qualifications
- Fixed fee, with no hidden costs
- Complimentary Probate call
- Empathy and understanding
- Experienced in all Probate scenarios
Our Probate Services Include:
Applying for a Grant of Probate/ Letters of Administration
If there is a valid Will, the appointed executors usually need to apply for a Grant of Probate. However, in some cases, Probate may not be necessary, even if a valid Will exists. Whether it is required depends on factors such as the value and composition of the estate.
If there is no Will and Probate is required, the closest relatives (such as the spouse or children) must apply for Letters of Administration.
Inheritance Tax (IHT) liability
IHT is the tax on the estate (property, money and possessions) that is payable before the estate of the deceased is passed on to beneficiaries. The Executors (if there is a Will) or Administrators (if there is no Will) submit the relevant forms to HMRC and the Probate registry. Our Lawyers can provide personal support and advice surrounding Inheritance Tax to help guide you.
Administrating the Estate
The Executors or Administrators of the estate have to make sure that all debts, taxes and bills are fully paid before they start distributing the estate to the beneficiaries. It is strongly advisable to put a notice in The London Gazette as well as a local newspaper, so that any potential creditors or debtors can put a claim against the estate. It is important to establish who all the potential creditors are, so they have the chance to make a claim before distribution is made. Executors or Administrators have to keep proper records on the estate accounts, ready to provide the records to the beneficiaries. Obtaining a Grant of Probate can be a complicated process, taking months or years in the case of complex estates, when HMRC is involved. To make sure that this process is as smooth as it can be, with no unnecessary stress, contact us for assistance.
Key benefits of our service for your peace of mind:
- Professional background and qualifications
- Fixed fee, with no hidden costs
- Complimentary Probate call
- Empathy and understanding
- Experienced in all Probate scenarios
Did not find what you were looking for?
The Importance of the original Will
If you have been nominated to act as a deceased person’s Executor, you need the original Will to apply for probate. Usually, people store Wills in their houses or keep them with the solicitor who drafted the Will. It is important to inform appointed Executors where to find the original Will. Sometimes executors can face a situation where the firm who drafted a Will is no longer in business. That is why it is important to choose a law firm with a solid reputation and long presence on the market, as well as from time-to-time checking to see if they are still operating. You can find more about how to choose a trusted Will Writing Service in our article here.
If you’re unsure about the whereabouts of the original Will or are facing challenges relating to its validity, our team is here to provide guidance and practical solutions.
Contact
Get in touch with one of our local branches at the following locations:
FAQs
What is Probate?
Probate is the legal process that allows the executors of a Will to distribute the deceased’s estate to the beneficiaries when a Grant of Probate has been obtained. When someone passes away and leaves a valid Will, the person chosen as the Executor applies for a Grant of Probate. This Grant gives the permission of the court to pay off any debts, distribute the deceased's estate and carry out the wishes outlined in the Will.
In the case of Intestacy, the process would be similar, but the court grants Letters of Administration to let Administrators distribute the estate following rules of intestacy.
How long does it take to obtain Probate?
Several factors may influence the timeline:
- The size and complexity of the estate.
- Whether Inheritance Tax is payable.
- The accuracy of initial applications and paperwork.
- Whether there are disputes.
On average, from start to finish Probate can take between 6-12 months.
Do I need to obtain a Grant of Probate after my spouse/civil partner passes away?
The answer to that question depends on two main criteria:
1. the value of the estate and
2. how assets are held.
Generally, if assets are held jointly as joint tenants (e.g. a bank account or a property), then there is no need to apply for a Grant of Probate as the asset passes to the survivor. If the deceased held assets jointly as tenancy in common (e.g. bank accounts or a property), then a Grant of Probate will likely be required to allow the Executor to deal with the asset.
If you are unsure, whether you need a Grant of Probate or not, contact our team for advice.
Who is eligible to apply for a Grant of Probate?
You are eligible to apply for a Grant of Probate if you are named as an 'Executor' in the deceased person's Will or Codicil. Usually, individuals chosen as Executors are informed of their appointment when the Will is drawn up. However, notification is not strictly required, so may only be disclosed when the Will is read.
How much do solicitors charge for Probate?
There are several things that could influence the fee for Probate services. Determining factors could be the complexity of the estate, whether trusts are present, whether there are any potential challenges to the Will and level of support you would like to receive and particular law firm you choose.
Additionally, there could be disbursements such as court fees, insurance, searches, notices, Land Registry charges.
At Westminster Law, we offer clients a free initial phone consultation where we walk you through the Probate and Estate Administration process and how our experts can support you and your loved ones during this difficult time.
How is Probate managed when the deceased does not have a Will?
When someone dies without a Will (intestate), the Probate process is managed under the rules of intestacy. As there is no executor(s) named in a Will, the responsibility to manage the estate falls to the closest relatives (surviving spouse, civil partner, children or their descendants, surviving parents). In this situation the designated person needs to obtain Letters of Administration instead of a Grant of Probate.