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Probate Solicitors

Our team of specialist probate lawyers is here to help. While some estates are straightforward to deal with, others can involve complex assets, liabilities, and relationships. Getting legal advice can make the process easier for executors (who could be personally liable) and beneficiaries, reducing the risk of mistakes or disputes.

Here’s what our expert probate lawyers can assist you with:

• Executor Support: Guidance on duties, the probate process, help with the application and dealing with HMRC and beneficiaries.
• Beneficiary Representation: Support for those with concerns about the will, the actions of executors, or needing a Deed of Variation.
• Asset Valuation: Assistance with probate valuation of assets.
• Estate Investigation: Identifying the assets and liabilities of the estate.
• Complex Estates: Handling estates with assets abroad or shares in a family or other business.
• Legal Disputes: Resolving probate or will-related disputes.

Our experienced team offers flexible and cost-effective advice on all aspects of probate to make the process as smooth as possible.

The fixed fee we quote is the fee you pay. There will be no nasty surprises.

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FAQ: Navigating Probate After Losing a Loved One

What is probate?

Probate is the legal process of managing someone’s estate after they pass away. It involves:

• Identifying and valuing assets.
• Selling assets not specifically left to an individual.
• Settling debts and financial obligations.
• Paying inheritance tax, if applicable.
• Distributing the remaining assets to beneficiaries.
• Preparing final estate accounts.

How long does probate take?

The probate process typically takes 9 to 12 months. Factors like estate complexity, tax considerations, and potential disputes can affect this timeline.

What are the legal duties of executors or estate administrators?

Executors and administrators must:

• Act in good faith, being honest and transparent in all dealings.
• Avoid conflicts of interest and act in the estate’s and beneficiaries’ best interests.
• Exercise a duty of care by acting with reasonable skill and seeking professional advice when necessary.

What forms and documents are needed for a Grant of Probate?

Key documents include:

• PA1P: Application for Grant of Probate (for estates with wills).
• IHT400: Inheritance Tax return (if applicable).

Additional forms may be needed based on the estate’s specifics.

What if there is no will?

Probate is the legal process of managing someone’s estate after they pass away. It involves:

• Identifying and valuing assets.
• Selling assets not specifically left to an individual.
• Settling debts and financial obligations.
• Paying inheritance tax, if applicable.
• Distributing the remaining assets to beneficiaries.
• Preparing final estate accounts.

What is probate?

If someone dies without a will, their estate is considered “intestate.” The closest living relative can apply for probate to become the “administrator” of the estate. The priority for who can apply is:

• Spouse or civil partner.
• Children (including legally adopted children, but not stepchildren).
• Parents.
• Siblings.
• Other relatives (as per Intestacy Rules).

Do you always need a formal grant of probate?

No, formal probate might not be needed in certain situations, such as:

• Estates below the inheritance tax threshold (£325,000).
• Small estates valued below a certain threshold (currently £36,000).
• Jointly owned assets passing directly to the surviving owner.
• Life insurance payouts with designated beneficiaries.

Can executors or administrators pay for legal advice from the estate?

Yes, executors can generally pay for reasonable legal fees from the estate. It’s best to:

• Document all legal expenses and their justification.
• Check if the will includes a charging clause authorising this.
• Ensure co-executors agree on the payment of professional fees.
• Keep fees reasonable and for the estate’s benefit.
• Avoid conflicts of interest.

What should executors do if property is the main asset?

Executors should:

• Follow any specific instructions in the will regarding the property’s future.
• Obtain multiple independent valuations.
• Consider market conditions and beneficiary preferences.

Where can I get legal advice for probate?

Our team of specialist probate lawyers offers experienced, flexible, and cost-effective advice on all aspects of probate. Contact us to make the process easier and less stressful for you and your loved ones.