Probate
Probate can be a daunting task, particularly when coupled with the distress of losing a loved one. When you have lost someone close, you need experts you can trust to help you take care of the details. Good estate administration makes a difficult situation a little easier, saving time and money. We handle matters professionally and efficiently – at the same time ensuring tax planning opportunities are maximised.
Efficiency and technical knowledge are the key to good administration of an estate
Estate administration or probate is the process of managing the assets of a deceased’s estate and distributing them to beneficiaries, in line with the Will. Many people will be called upon at some point to administer the estate of a relative or friend.
Taking on the role of executor can be daunting. When a loved one dies, someone needs to register their death, notify relevant organisations, ensure outstanding bills are settled and inheritance tax paid and distribute what is left in accordance with the terms of the deceased’s Will.
Efficiency and technical knowledge are the keys to the good administration of an estate. Our specialists are here to help and can promise both. With good estate administration, inheritances are paid out in a timely manner and the tax burden minimised. If not done well, administration takes several years, with penalties and interest incurred, and tax planning opportunities missed.
Frequently asked questions
Cutting through the jargon
What is an estate?
The estate is everything the deceased owned, including money, property and possessions.
What is a grant of probate?
A Grant of Probate is a legal document which grants authority to the executors to administer the estate of someone who has died. Once this has been obtained, the executors can begin distributing the deceased’s estate.
What is a grant of letters of administration?
If the deceased did not leave a Will, an administrator (being someone who is responsible for dealing with an estate if there is no Will or the named executors aren’t willing to act) will obtain a grant of letters of administration. The grant of letters of administration gives authority to the administrators to deal with the estate of the deceased.
What is an administrator of a Will?
An administrator is someone who is responsible for dealing with an estate of a deceased if there is no Will or the named executors aren’t willing to act. They will obtain a grant of letters of administration.
What is an executor of a Will?
An executor is a person named in a Will who sorts out the estate of the deceased. The executor also ensures the wishes of the deceased as set out in the Will are followed. A Will may have one or more executors
Do I need to use a Solicitor?
It is not necessary to instruct a Solicitor to obtain a Grant of Probate or a Grant of Letters of Administration. However, many people will consider using a specialist Solicitor as the process can be time-consuming and complex.
How long will probate take to complete?
The entire probate and estate administration process generally takes between six and twelve months. It will largely depend on the complexity of the deceased’s estate. Several factors may affect the deceased’s estate’s complexity, including whether the estate includes a property or if there are assets overseas.
Our team are here to support you every step of the way
Meet our expert team
Our clients value our technical excellence, in-depth knowledge and yet friendly and down-to-earth approach. We have a strong team ethos and value the contribution of every member of our staff to the client service we strive to deliver.
Alison Craggs
Partner
Joanna Ensor
Partner
Anna Burnside
Senior Partner
Sabrina Underwood
Senior Associate
Case Study | 2023
Experts you can trust when someone passes away
When settling an estate is not straightforward, we can smooth the way. Our clients were both executors of their deceased parents’ estate. They approached us for help with the administration of the estate.
Source | 2023
“We are both executors, and also both beneficiaries of our parents’ estate. At the moment we cannot come to an agreement on how gifts given during our parents’ lifetime should be treated, or how the estate should be distributed. We need help to look at these issues, to work out how previous gifts affect Inheritance Tax, and ultimately how our parents’ estate will be shared.”