Probate and Estate Administration

We use our experience and skills to give you peace of mind by taking some of the burden away from you and reassuring you that you are correctly carrying out your duty to the deceased and their beneficiaries. 

When a person dies, their estate will need to be administered and distributed in accordance with a Will or the rules of Intestacy, if there was no valid Will. This means that their property will have to be collected or sold, debts will have to be paid and inheritance tax will have to be accounted for to HM Revenue & Customs. Depending on the size of the estate, and the types and individual value of the assets, a Grant of Representation may be required.

The two most common types of grant of representation are a ‘Grant of Probate’ and a ‘Grant of Letters of Administration’:

What is a Grant of Probate?

• Probate is the process of proving that a will is valid (if there is one) and confirming who has authority to administer the estate of the person who has died. A Grant of Probate is issued when a person has left a Will naming an executor who proves the Will through the probate court.

What is a Grant of Letters of Administration?

• A Grant of Letters of Administration is issued when a person has not left a Will and the person entitled under the rules of intestacy seeks authority to administer the estate. The court issues the grant of administration, thereby allowing a named individual to administer the estate.

Our team has extensive experience in administering varying sizes of estates; from lower value estates where there might be a family dispute, to average value estates where the family would rather not deal with the administration, as well as high value estates that have complex trust and tax matters to deal with.

Why use a Solicitor for Probate?

Whilst some probates can be relatively easy to deal with there are plenty of challenging issues that can arise and things that can go wrong. We are completely independent and have no emotional ties to the deceased or their family. We deal with cases like this every day and are able to deal with the legalities with sound judgement and, most importantly, legal experience.

The Executor of an estate is legally responsible for ensuring that the estate administration is carried out correctly, including making sure the estate is valued properly, the right inheritance tax is paid and all of the gifts from the estate are distributed according to the Will.

This means that if anything goes wrong, or the Executor make a mistake, they can be held legally responsible for it. 

Podcast

Our podcast series, ‘Planning for your Future’, explains in everyday language how planning can help you navigate your way through the ups and downs of life and how getting your affairs in place now can assist your loved ones’ future responsibilities.

In this first episode, experienced Private Client Solicitor, Anthony Kalp, explains in detail the preliminary work involved before applying for Grant of Representation.

In this second episode, Anthony Kalp, explains in detail how to obtain the Grant of Representation and Administer the Estate.