Probate and Administration of Estate

We recognise that our clients need a solicitor with hands-on experience and specialist knowledge. This goes without saying. We also appreciate our clients need a solicitor who will listen to their concerns with empathy and compassion and ensure problems are prevented before they occur.

Every family circumstance is different and the concerns and worries of each family are unique. We understand the need to deal efficiently and fairly with all parties and remove the worry and stress at such a difficult time.

When someone dies it may not be possible for their spouse or family to have immediate access to their money and property. It may be necessary for someone to be appointed to administer their estate. If they have made a Will this is their executor. If no Will is made then the law says who it can be. In either case that person needs a Court Order to enable them to administer the deceased’s estate. Where there is a Will this is a “Grant of Probate” and in cases where there is no Will, it is “Letters of Administration”. In all cases and especially where inheritance tax is payable a solicitor can assist you at what is a difficult time.

If a person has died leaving a Will a Grant of Probate usually needs to be obtained to ensure the wishes of the deceased are carried out. The executor under a Will has this responsibility and engaging a specialist probate solicitor can help reduce the time and expense in collecting in and distributing the Estate, especially as failure to administer the Estate correctly can lead to a considerable personal liability for an executor.

If a person dies without a Will this is termed “intestate”, and the distribution of the estate is governed by law; A Grant of Letters of Administration needs to be obtained.

We are able to do an appraisal of the estate at the outset and quickly ascertain if a Grant of necessary. It may be with a small simple estate passing to a spouse that it is not and we are able to steer our clients away from costly unnecessary fees. If a Grant is required the administration of even a small Estate can be complicated and time consuming with third parties, such as banks and insurance companies, seeking to verify identity, undertake money laundering checks and other legal requirements. We can help remove such additional worry by administering the estate on your behalf, providing you with regular progress updates and making sure that all the details are taken care of.

The cost of retaining a specialist solicitor is often less than anticipated by many clients. There is an expectation that legal fees will be in the thousands and this is rarely the case. The legal costs are deducted from the estate before distribution and form part of the deceased´s expenses and are not payable by the executors or personal representatives. We provide all clients with an anticipated cost at the outset and ensure they receive regular costs update.

Our professional service includes:

  • An Inheritance Tax valuation of the estate
  • Completion of the Inheritance Tax Return/and Income Tax Return if needed
  • Preparation of the Oath
  • Collection of the Assets and Distribution to the beneficiaries
  • Dealing with Overseas Assets and Trust Property
  • Deeds of Variation if applicable