Probate and Estate Administration

What does a probate practitioner do?

A qualified, experienced practitioner can guide you through the stages of applying for probate. Our estate administration service is designed to help you, during what can be a sad and difficult time.

We can take care of all formalities arising under the will (or under the intestacy rules, where no will exists), including the following:

• completing the necessary HM Revenue Customs accounts, calculating any tax due (including inheritance tax).
• obtaining the grant of probate “probate” (where there is a Will) , cashing-in or transferring assets as appropriate.
• settling debts, completing estate accounts and making distributions.
• ensuring full liaison with the family and beneficiaries throughout, providing a clear and personal service.
• Advise you how assets can be protected for the future and whether any tax can be saved.

Our experience, together with our renowned caring, professional approach offers you clear, sound advice, when it is needed most.

What is included in someone’s estate?

Someone’s ‘estate’ means everything owned by that person when they die. It includes money (both cash and money in bank or building society accounts, plus any life insurance policies), together with all property they own, including property held jointly.

Grant of probate

A grant of probate is the legal document needed to access bank accounts, sell assets and settle debts. If the deceased did not leave a will, a grant of letters of administration is used instead. Both documents give a named person(s) the legal authority to deal with the estate.

Complex estates

The probate process is fundamentally the same whatever the size of the estate. However, understanding and managing this process becomes much more difficult and time-consuming if the estate is large and complex. 

There may be particular issues over the assets of an estate, inheritance tax or even contested wills. These can lead to conflict and litigation in some cases. That is why, in more complex cases, it can be particularly wise to consult a specialist to steer you through.

Intestacy

The probate process is largely concerned with carrying out the wishes of the deceased, as expressed in their will. However, if there is no valid will in place, then the rules of intestacy will determine who is entitled to inherit from the deceased.

The rules of intestacy set our who is entitled to inherit an estate where there is no will and the intestate beneficiaries are normally entitled to apply for the Grant of Letters of Administration. However, certain people, such as unmarried partners and stepchildren are not recognised under the rules.

Deeds of variation

In some cases, it is possible for those receiving an inheritance from an estate (the beneficiaries) to change to the way the state is divided, instead of directly following the terms of the will (or the rules of intestacy). This is achieved by a deed of variation.

There are various reasons why the beneficiaries may agree to a variation. For example, they may agree that it is fair to make the distribution equal between all the beneficiaries. It can also be used to provide for someone who was not included in the will, such as a grandchild who was born after the will was made. Similarly, it can cater for someone excluded by rules of intestacy, such as a partner or step-child.

Deeds of variation can also be used for inheritance tax planning reasons and making special payments, such as including a charity.