Probate and Estate Administration
Our experienced team are able to advise your Executors in relation to obtaining the Grant of Probate, act in the administration of the estate, administer any trusts created by the Will, advise on Inheritance Tax issues and attend to the distribution of the estate to your beneficiaries. The fee we charge for this service is based mainly on the time spent and details are available from us.
When a person dies someone has to arrange the funeral and deal with their estate (money, property and possessions owned by the deceased)
The first step is to check whether the deceased left a Will.
The Will may contain directions regarding the funeral. It will certainly contain a clause appointing personal representatives (called executors) to deal with the estate and distribute it in accordance with the Will and any Codicils (supplementary provisions contained in a separate document). If the Will does not appoint a Solicitor as Executor, or direct that a Solicitor deal with the estate, then the Executors are free to administer the estate themselves complying with legal procedures.
If the deceased did not leave a Will then the estate has to be distributed according to the rules of intestacy.
As solicitors we can give advice on the legal procedures to be followed whether or not there is a Will and on other issues such as:
- entitlement under the rules of intestacy;
- possible claims against an estate under the Inheritance (Provision for Family and Dependants) Act 1975 by someone who may not have been reasonably treated by the Will or the rules of intestacy;
- Inheritance Tax.
Applying for a Grant of Representation
In order to obtain the authority to deal with someone's estate, whether or not they left a Will, the personal representatives usually need to obtain a Grant of Representation from the Probate Registry.
Organisations holding money in the deceased's name will need to see a copy of the Grant before they will pass any money or assets to the Personal Representatives.
We can complete and submit the appropriate documentation for you.
A Grant may not be needed if:
The estate is small. In this case organisations holding the deceased's money may be willing to release it to the Personal Representatives without a Grant. They may want you to complete a statutory declaration and a charge of £5 per document is standard. Once you have contacted all the organisations involved it may in fact be cheaper and easier to apply for a Grant.
If the whole of the estate is in joint names and passes automatically to the surviving joint owner.
N.B. A grant will always be required to sell or transfer a property held in the deceased's sole name
If you are in doubt as to whether or not a Grant may be needed please ask our advice; we could save you time and money.
Once the Grant is obtained
The personal representatives named in the Grant must collect in all the assets, complete an income tax return and pay any debts. A separate bank or building society account should be opened at the start of the administration for this purpose.
If the personal representative is not also the major beneficiary of the estate it may be advisable to formally advertise for creditors, in case a debt arises after the assets have been distributed. This is done by placing an advertisement in the London Gazette and a newspaper covering the area in which the deceased last resided. Doing this protects the personal representative from individual responsibility.
As personal representative you are allowed to claim from the estate for 'out of pocket' expenses, copies of the Grant, travel etc but not for time taken or for the work involved in administering the estate. Only a Solicitor appointed by the personal representatives or other Professional appointed by the Will may charge for the work done in administering an estate if authorised by the Will.
Once all taxes and debts have been paid the estate can be distributed either according to the terms of the Will or the rules of intestacy.
You should obtain a signed receipt from each beneficiary when they receive their legacy. You must prepare an estate account showing all the assets received and debts and legacies paid out. This must be approved and signed by the personal representative and the main beneficiaries and then the residue (remainder) of the estate may be distributed.
Recognition & Accreditation
The Legal 500, 2011
Langleys ‘offers strength throughout the team’, with the ‘experienced’ Andrew Fearn and ‘very focused and efficient’ David Wood singled out for praise.
The Legal 500, 2010
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Andrew Fearn and David Wood are Langleys' key players.
We trust that these notes will be of assistance to you but they must only be read in conjunction with specific legal advice as to the particular circumstances. They are not intended to be a full and precise exposition of the law.
Do not hesitate to seek our further advice on any aspect of the legal process. Remember that if you inherit from the estate this will increase the size of your estate on death and you may need to review the suitability of your own Will and again a member of our Private Client Team can advise you about this.