Probate Advice

What is Probate?

Probate occurs when someone dies and is the process of clearing their debts, should they have any, and distributing their assets. A Personal Representative will be appointed to deal with their affairs and administer their estate. If you, as a friend or a family member, have been appointed as an Executor, our highly experienced Probate team can assist with the process and may even act on your behalf if formally appointed.

Probate can be an incredibly complex and time-consuming process. The Personal Representative(s) will be expected to determine if there is a valid Will, the value of the estate, and who the beneficiaries are if there is not a valid Will in place. Due to these intricacies, it is always sensible to take expert advice on probate matters from a proficient, dedicated and specialist team. Clear Advice Feels Better.

What happens if the Deceased has left a valid Will?

If the deceased has left a valid Will, the people responsible for administering their estate are referred to as Executors. This can be a family member, friend or professional such as a solicitor. Among their responsibilities is the task of collating all asset information, determining Inheritance Tax liability, and applying for a Grant of Probate. This is the official document issued by the government’s Probate Registry, which provides the Executor with authority to access assets and administer the estate of the deceased in accordance with their Will.

What if the Deceased has not left a valid will?

If the person who has died has not left a valid Will, this is referred to as dying intestate.

The person(s) responsible for administering the estate are known as the Administrator(s), who will be the person(s) entitled to act as a Personal Representative under the intestacy rule.

The Administrator may need to apply for a Grant of Letters of Administration from the Probate Registry, which provides the Administrator with authority to access and collect assets and administer the estate in accordance with the intestacy rule.

How long will Probate take?

Dealing with an administration of an estate can be a lengthy and time-consuming process. The Personal Representatives are reliant on third parties to provide information about the estate such as bank account, investment and insurance balances at the date of death.

Once the information has been collated, the Inheritance Tax (IHT) Form is prepared and submitted to HMRC. The Legal Statement is prepared using the figures from the IHT form and submitted to the Probate Registry.

The Grant of Representation will then be issued by the Probate Registry before the estate can be finalised or distributed. Our team can advise you of the current timescales to complete probate formalities and the typical complications that may arise and delay the process further.

What are the Costs for Probate Services?

Don’t be worried about giving us a call to see how we can help you. The initial conversation with a member of our specialist Probate team is totally free of charge.

Once we understand the level of support you require and the complexity of your case, we will provide a bespoke package tailored to your needs. You can be reassured that we do not charge a percentage of the estate, as is often feared.

How can we help?

We have a dedicated team of Solicitors and Probate Practionioners who can help you navigate the complexities of probate.

The team are happy to meet with you at any of our offices or talk to you over the phone. We can also provide home, hospital and hospice visits.

For Clear, Precise Advice, telephone us on 01772 555 176 or email enquiries@vslaw.co.uk