Probate and Estate Administration Solicitors

When a person dies, a friend or relative has to deal with their affairs. Where do you start?

There are hundreds of questions that run through your mind.

• Where is the Will?
• Do I need probate?
• What do I do about tax?
• Who do I notify – and when?
• Is the house secure?
• What is this form that I have been sent?

Dealing with a deceased person’s estate and assets can be a very time consuming and confusing process, at a time that is difficult and emotional. It often involves numerous different organisations such as banks, building societies, share companies and the Revenue.

We have a skilled specialist team of probate and estate administration solicitors that can take you through the steps you need to take one by one, in a way and at a timescale that suits you. Within the team we have members of Solicitors for the Elderly, STEP, and the Law Society Private Client Section.

We pride ourselves on sensitivity and compassion at what is a difficult time for all concerned. We can assist you with the most straightforward and practical of tasks, up to the most legal and complex.

When someone dies, it is necessary to appoint someone (an Executor) to deal with the assets they leave behind including money, property and personal possessions. The Executor must collect the assets, pay any debts owed by the estate and distribute what is left to those entitled to it.

A Grant of Representation is the Court’s authority to a person or persons to administer a deceased person’s estate. This shows the institutions holding assets for the deceased, to include the banks, that you have the authority to deal with the deceased’s affairs.

It is not always necessary to obtain a Grant of Representation in small estates where there is no property, land or shares or where the assets are all jointly held but we can give guidance as to whether one is required in the particular circumstances of each case.

A Grant of Probate is the document often required in order to administer a deceased person’s estate, when they have left a Will. It is not always required.

If a person has not left a Will, a different Grant would have to be obtained called a Grant of Letters of Administration.

There are many different types of Grant available. Often, for estates of any significant value, a Grant will be needed before the person dealing with the Estate can access funds or carry out the deceased person’s wishes.

Our probate and estate administration solicitors can advise you upon whether a Deed of Variation, which is a document that varies someone’s Will, may be of benefit to you.

This may be for tax saving or other reasons. It may enable you to pass an inheritance on to someone else who requires it more than you.

The rules in relation to this are complex and there is a strict time limit of two years from the date of death.

As such, it is wise to contact us to talk through the options in more detail before proceeding.

There have never been as many different ways to administer the estate of a deceased personas there are currently, and using a specialist probate and estate administration solicitor is just one of those options.

There are internet companies, organisations such as the Co-op, Banks and Building Societies, as well as traditional Solicitors’ firms who offer advice and services on what to do when a loved one passes away and how best to administer the estate.

We advise bereaved families to take their time and look into the various options available before rushing into anything. Families can be confused by the vast range of options available, but often the service that they are being offered is not a quality service or is very costly.

Often, probate services that are offered are dealt with at a distance, without you ever meeting face to face with the person dealing with your case. Sometimes the provider is not able to offer all of the services that you need – for example, they may be able to collect in assets and pay the bills, but they may not be able to see the bigger picture and offer the more detailed tax advice or look at your family as a whole to help you plan for the future.

It is understandable that families will think of the costs of administering an estate as one of the first hurdles. Whilst that is entirely appropriate for the right case, there is no substitute for obtaining informed, no obligation legal advice first to ensure that everything is looked at in detail. After all, it is not necessarily what you know you need to do, it is what you don’t know.

We would recommend families to read the small print of documentation before they sign up with anyone offering a probate service.

Traditionally solicitors’ firms are seen as expensive for the administration of estates, but other organisations such as Banks and Building Societies usually charge a percentage of the value of the estate, which is often considerably higher than solicitor charges for an estate administration. Often, they are also not carrying out exactly what you want to happen.

Working with reputable probate solicitors means you will be able to get a bespoke service exactly suited to your needs, unlike the one-size-fits-all services offered by many other probate providers. You can also be assured that you are working with legally qualified experts who you can rely on to ensure every detail is handled correctly, even where there are complex matters to deal with.

We would always caution against simply approaching any legal firm to handle probate and estate administration for you. With this type of specialist work, it is important to choose a professional with the right training and experience to ensure everything is dealt with properly.

Families should look for firms and members of STEP (The Society for Trusts and Estates Practitioners), Solicitors for the Elderly, or the Law Society Private Client Section. You should also look for firms who have a specialist department carrying out this work and a history of administering estates.