Probate

In the UK, probate refers to the legal process of administering the estate of a deceased person. It involves proving the validity of a will (if there is one) and granting the executor/s the authority to manage and distribute the deceased's assets (property, money, possessions). The term also encompasses the entire process of settling the estate, including paying debts and taxes before distributing assets to beneficiaries.

Key Aspects of Probate:

Grant of Probate:
This is a legal document issued by a section of the court (High Court in England and Wales) known as the Probate Registry which confirms the will's validity and the executor's authority to act.

Executor's Role:

The person named in the will to manage the estate is called the executor. They are responsible for collecting assets, paying debts and taxes, and distributing the remaining assets according to the will. There may be more than one executor. A firm of solicitors may also be named as an executor.

Intestacy:
If someone dies without a will (intestate), the court issues a "grant of letters of administration" to the closest relative(s), allowing them to administer the estate according to intestacy rules.

When it's needed:

Probate (or letters of administration) is typically required when the deceased owned property or significant assets in their sole name. It's needed to transfer assets to beneficiaries and allow for the sale of property or access to bank accounts.

The Process:The process can be complex, involving asset valuation, tax calculations (like Inheritance Tax), and potentially dealing with creditors and beneficiaries. It can be done by the executor themselves or with the help of professionals like us.

Important:

We are not financial experts and if we feel that that you or an estate or trust would benefit from expert tax advice then we will recommend appropriate providers i.e.

Accountants
Financial Advisors

Please note:

Grants from The Probate Registry are taking anything from 8 weeks to 20 weeks. If we try to chase them before 16 weeks the Probate Registry will discontinue our call.

We apologise if you are impacted by the delays mentioned above. Please consider this when contacting a member of our team.

Dealing with the affairs of someone who has died can take time. This is influenced not only by the simplicity or complex nature of the estate but also the number of third parties involved e.g., banks, building societies, insurance companies, estate agents and HM Revenue and Customs (HMRC). It is not unusual for it to take up to a year and in some cases much longer.

Other things that can influence the time taken:

The property and possessions owned.
If any assets are held abroad or form part of a business or farm.
Whether the person left their financial affairs in order.
What the rules of the Will of the Rules of Intestacy say.
If inheritance tax needs to be paid.
Whether there are any legal disputes.
Fall outs and disputes between family members, executors or personal representatives and beneficiaries can cause serious delays as well as stress and upset. Any disagreements must be resoleved before the estate can be finalised.

Inheritance tax (IHT) can seem daunting and worrying but the vast majority of estates (94%) will not pay any.

There are plenty of great websites providing lots of useful information on this subject, including the UK Government's and Martin Lewis the Money Saving Expert.

In brief:

There is no inheritance tax on the first £325,000 that you leave to somone. This is called the inheritance tax threshold.
Anything left to a spouse or civil partner is inheritance tax exempt.
If the home of the person who has died has been left to children or grandchildren then there is a further residence nil rate band of up to £175,000. This depends on the value of the property, the overall value of the estate and whether there is a discretionary will trust.
Any unused inheritance tax allowance may be passed to a spouse.
Further reductions in inheritance tax may have been achieved through the use of gifts, if made seven years prior to death.

Where the estate is liable for inheritance tax we will recommend the use of an accountant and/or a financial adviser to ensure that the executors/personal representatives get the best possible financial advice.

Our legal team specialise in successfully dealing with a wide variety of matters including wills, estate management, Powers of Attorney and trust administration; from initial advice through to completion.

Expertise and experience

With over 60 years experience between them the expertise and advice that the team offer:

can simplify and shorten the legal process,
provide you with a realistic assessment of your situation,
as well as providing you with the comfort of knowing that all the legal requirements and issues will be managed professionally.

We promise to be up front about our costs and we will also discuss what payment methods are available. We understand that the costs for legal services can be a real worry for clients so click on Legal Fees to find out more.

In keeping with the SRA's Transparency Rules we are happy to provide further information concerning the costs of different types of wills, dealing with various estate and probate matters as well as setting in place plans for later life.

WTW Private Client Fees 01.2025

If you wish to arrange an appointment or discuss the costs involved in other areas of probate work then, please phone us on 01535 662644.

Contact us now on 01535 662644.

How would you like to talk to us?