PROBATE & ADMINISTRATION OF ESTATES

ADMINISTRATION OF ESTATES

Dealing with the affairs of loved ones who have passed away can be difficult and often the last thing you want to do when you are grieving. We are able to assist you with all matters that need to be dealt with and have an experienced empathetic team to offer the assistance that you require. We can handle the whole process for you or assist you with certain parts as per your individual requirements.

We are here to guide you from the outset and deal with any queries you may have from questions relating to registering a death & payment of funeral costs; to questions regarding the Will or where there is no Will on the laws of Intestacy; to questions regarding a loved ones’ pensions etc. No question is too small and we aim to be there for you at this difficult time to make the process as straightforward as possible.

More information on our services and fees can be found by clicking on the fees link below:

Fees

PROBATE

Probate is the legal process of dealing with a person’s estate after they have passed away. A person’s estate means everything they own and everything registered in their name.

Where there is a Will, it is usually the executor or executors appointed in the same that will be responsible for dealing with the estate.

Dealing with an estate involves but is not limited to collecting all the person’s assets, to include all monies, properties and belongings and settling debts, paying any taxes due and ultimately sharing out what is left in accordance with the Will.

In most cases to ensure the executors have the requisite authority to deal with a person’s affairs they will need to apply for a Grant of Probate. The Grant of Probate is an official document that confirm the executor(s) authority to act and validates the Will.

To obtain a Grant of Probate an inheritance tax account will need to be submitted to HMRC for larger or certain estates prior to making the application to the Probate Registry. For smaller estates where there is no inheritance tax payable the forms can be submitted directly to the Probate Registry.

We can assist with estates of all sizes and can assist with the whole estate administration of certain aspects – please find further information on our services by clicking the fees link below.

Fees

INTESTACY (WHERE THERE IS NO WILL)

When someone passes away without leaving a valid Will their estate meaning everything they own and everything registered in their name will be distributed in accordance with provisions set out under the Administration of Estates Act 1925. These provisions are more commonly referred to as the intestacy provisions.

Where there is no Will the person that usually is responsible for dealing with the estate will be the primary beneficiary under the intestacy provisions. The person that is entitled to deal with the estate will need to obtain a Grant of Letters of Administration (the Grant of Probate equivalent).

Letters of Administration is the official document that gives someone authority to handle an estate, where there is no Will, or where there is a Will but no executors have been appointed or where the appointed executors have predeceased or otherwise unable to carry out their duties.

The process to obtain a Grant of Letters of Administration is similar to the process of obtaining a Grant of Probate as noted above.

We can assist with estates of all sizes and can assist with the whole estate administration of certain aspects – please find further information on our services by clicking the fees link above.

Please click the link below to find a flowchart summarising the current intestacy provisions.

Intestacy Rules Flowchart

RESEALING A GRANT

We can assist with Resealing applications. This service is required where a Grant of Probate/Letters of Administration have been obtained abroad and there are also assets in England that need to be administered.

Resealing is the term given where a foreign Grant of Probate/Letters of Administration is re-issued at the Probate Registry so that it becomes effective to administer the Estate in England.

Please call Anousha Kandiah on 02084247070 for further information on Probate and Administration of estate.

CONTESTED WILLS / CHALLENGING A WILL

In recent years there has been a significant increase in disputes over the estate of someone who has passed away whether they have made a Will or not.

Below are some examples of typical disputes.

1. Challenges over the validity of a Will or Codicil – It may be argued that the Will was not signed or witnessed correctly; that the deceased person did not have the mental capacity to make a valid Will; that they were being coerced, did not know or approve of the contents, or that there is in fact a later valid Will in existence. There are also incidents where fraud is involved and the Will has been forged.

2. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 – This allows the court to exercise discretion and award reasonable financial provision out of a deceased’s estate, e.g. (“estranged daughter gets a share of mother’s estate”). The Act applies whether or not there is a valid Will in existence.

3. Disputes over the administration or distribution of a deceased’s estate – Sometimes those appointed refuse to organise the estate, do it wrongly, take too much time, or seek to use assets and money for their own purposes.

4. Clarification – Sometimes a Will is valid but contains a mistake or a provision is not understood. In certain circumstances a court will allow a Will to be rectified or seek to determine the exact meaning of a clause or gift.

5. Costs – There are often disputes over the costs incurred by those administering the estate, the trustees appointed, or the lawyers assisting them. It may be possible to apply to the court to reduce those costs. Trustees may fail to properly administer a trust or cause the trust fund to suffer loss and it may be possible to recover those losses.

6. Roles – Replacing executors or trustees who fail to take up their duties or deal with their duties adequately.

If you require assistance to resolve such problems, or wish to seek advice please contact us.