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When someone dies, you’ll need to get the legal right to deal with their property, money and possessions (their ‘estate’).
You may be able to apply for a ‘grant of representation’ - known as ‘probate’.
You can apply yourself or use a solicitor or another person licensed to provide probate services.
Most cases follow the same basic process -
Dealing with a loved one’s estate can be a difficult task as there are many factors to consider.
The whole process is called estate administration and part of the process may involve having to apply for a grant of representation. This is a legal document issued by the courts that proves you have the authority to administer the estate. It is often referred to as obtaining ‘probate’.
Obtaining the grant involves completing the probate application, dealing with all tax elements of the estate and ensuring HMRC compliance.
We contact all asset holders to obtain the necessary valuations to comply with HMRC requirements.
We will also contact any organisation or company to whom the deceased may have owed money and will obtain the balances outstanding.
Every estate requires an inheritance tax and income tax form to be submitted to HMRC, regardless of whether or not the estate is liable to inheritance tax. Our specialist tax team will liaise with HMRC and deal with tax related issues. This includes inheritance tax, transferable allowances, income tax, capital gains tax, self-assessment and certificates for interest accrued by beneficiaries.
Our experienced legal team will undertake the necessary legal and trust work needed as part of the estate administration process.
It may not be top of your to-do list but making sure appropriate insurance arrangements are in place is a must.
This is a particularly important consideration for unoccupied properties as many insurers will not insure a vacant property, particularly if the property is not your main residence. As part of our service, we will arrange specialist property insurance.
If the property is damaged during the probate process an executor can be personally liable.
You’re in good hands. We offer a comprehensive property marketing service to support you at all stages.
This service includes a free marketing report to help select recommended estate agents in the area and achieve the best price possible. All estate agents offer a no sale no fee service giving you complete flexibility and control.
We can arrange auctions if a quick sale is needed. We can also help with conveyancing and additional services such as maintenance, re-decoration, lock changes, clearance, cleaning, garden maintenance etc.
We can arrange valuations and sale at specialist auctions to ensure you get the best price possible for any high value belongings.
Intestacy - understand the effect of the intestacy rules on applying for probate and who benefits from the estate
If someone dies without leaving a will, this is known as dying ‘intestate’. In cases like this, theestate is administered in accordance with the Administration of Estates Act 1925, which stipulates who may administer the estate and who may benefit from it. The Administration of Estates Act 1925 applies to anyone whose permanent home was in England or Wales at the time of their death.
If there is a will but it does not deal with the whole estate, then the remainder will be treated under the intestacy rules. This is known as ‘partial intestacy’. If there is a will but it has been held to be invalid, and if there is no valid and unrevoked earlier will, then the deceased will be considered to have died intestate.
If a will is irretrievably lost then the estate will be intestate. It is possible to obtain probate of a copy will, but this is a complicate process and legal advice should be sought.
The intestacy rules are the principles laid down by law which stipulate how the estate of a deceased is to be administered if there is no will. They contain provision about the order of succession of beneficiaries (which is also the order of priority of people entitled to be appointed administrators of the estate).
Although the social landscape is changing, one of the more common situations is the presence of a spouse or civil partner and children (where the child is under 18 years old their share of the estate is held in trust until they reach 18 or marry). In a situation like this with no will, the estate is divided.
The spouse or civil partner will inherit:
The children will inherit:
Regardless of the date of death, if there is no surviving spouse or civil partner, or the deceased was single, then the estate is distributed in the following order:
The above are the most common examples but should there be no surviving spouse, children or parents, then it is distributed in the following order:
What we will do for you:
Our fee for this service is only £495 + VAT
By choosing this option you will:
If you are really pushed for time or particularly worried about making mistakes and being personally liable, then this stress free managed probate service could be the answer that you are looking for.
You will get the entire probate process completed for you – from start to finish. This saves you the most amount of time and effort and also removes the personal liability aspect from your shoulders.
You will put an end to the worry and anxiety caused by worrying about completing the probate and tax requirements and it will also save you in the region of 30-40 hours of your time dealing with the probate requirements.
This service is suitable for you if: