Private Client Law

Probate and Intestacy

                                             

When a person dies it is not unusual to ask yourself “where do I begin?” when it comes to dealing with the probate process. Our expert legal team is here to assist you with all aspects of the administration of the estate. This could include:

Obtaining the Grant of Representation

  • A review of the Will so you fully understand its terms;
  • If there is no Will, providing advice on who will inherit and who can manage the estate;
  • Ascertaining the assets and liabilities from third parties;
  • Preparing Inheritance Tax forms so that you can report the estate to HM Revenue and Customs;
  • Completing any applications for available Inheritance Tax reliefs;
  • Calculating Inheritance Tax due and applying for payment from any applicable third party accounts held by the deceased;
  • Obtaining the Grant of Representation

After the Grant has been issued

  • Registering the Grant with all relevant third parties;
  • Selling, encashing or transferring any assets in accordance with the Will and your instructions;
  • Settling any outstanding liabilities;
  • The payment of legacies and the correct accounting of income tax on those legacies;
  • Establishing any trust created by the Will
  • Registering the Estate or any trust with the Trust Registration Service as required;
  • Where assets have changed since the date of death, reporting any additional IHT due or applying for a refund;
  • Instructing accountants to handle any Capital Gains Tax and Income Tax Returns
  • Preparing Estate Accounts for Executor and beneficiary approval
  • Carry out bankruptcy checks against beneficiaries prior to payments
  • Distributing the Estate

Other relevant services at an additional fee

  • Variations of a Will after death to redirect assets
  • Post-death tax or estate planning

Please contact our team for an interview or advice. 

Our Fees

Application for the Grant only

We recognise that some executors will wish to deal with the administration of the estate themselves, but would like help in some of the technical matters. We offer a fixed fee for the work of preparing and making an application for a Grant, which will depend on the complexity of the Estate and the work required. If you want us to do more, we shall be happy to do so and will give you an estimate of costs at the time.

Full Estate Administration

More commonly, Executors appoint us to handle the probate process from start to finish, known as the “full” administration. We charge on a “time spent” basis which means you only pay for the time that is spent on your case, in accordance with our hourly rates. An estimate can be provided to you at your initial meeting and we would update you if anything changes during the administration which would mean the estimate would be exceeded.

What might make an administration cost more?

Sometimes there are complications or complexities that would increase our fees. Examples could include:

  • Assets held overseas
  • Domicile issues
  • Business assets
  • Agricultural assets
  • If the deceased made lifetime gifts
  • If lifetime trusts are involved in the Estate
  • Missing beneficiaries
  • Disputes over the Will or how assets are being distributed
  • Any urgency that might require the matter to be prioritised

If anything like this arises, we would discuss it with you at that time.

Contact the team today to enquire about Probate and Intestacy

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